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  1. 2 likes
    Hi @PlainlySecret Welcome to the community and thanks for posting. So sorry to hear about the attack against you and all that you have endured. If the police locate a suspect you can likely initiate a civil action against that person. In the meantime, you may want to speak with a worker's compensation attorney just be totally aware of your right since you were injured while attending a work training. It may be possible that worker's compensation might pay for your out-of-pocket expenses and lost wages. You can also speak with a civil attorney about initiating a lawsuit against Baltimore who can advise you about the likelihood of succeeding in a claim against the city. Best of luck with your case and keep us posted! The FindLaw.com Team
  2. 1 like
    Then you should be able to find the local probate court and see if there is a probate case file. That file will tell you everything you need to know. Try it.
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    She can file suit for any amount she wants to put in her complaint. There are plenty of zeros in a typewriter. But her case will be dismissed because, if it existed at all, it would be derivative of her husband's claim which is barred by workers compensation law. The injured worker death benefit in Texas is described at http://www.oiec.texas.gov/documents/448.9e.pdf
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    The hospital has social workers specifically for this type of situation.
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    1. His sole remedy is workers comp, any health insurance he has will deny coverage once it learns it is a job related injury and seek reimbursement from the workers comp carrier. 2. He has no insurance coverage. If he wants to pay for it himself, he is free to do it. 3. If the employer has coverage and makes it available to the employee, that is all that is required. 4. Any one can sue, but it will be dismissed, because workers comp is the exclusive remedy for injuries on the job, with a few exceptions not involved here. 5. Anyone can sue for anything, but what would she sue for that she could recover?
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    So, you don't want to pay an attorney to review the documents including the context of the portion you are concerned about and the law of your state as it relates to the documents, but you are asking the strangers on the internet to do the same thing for free, and you haven't even told them what state you are in?
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    None, unless you're in a city with rent control, which doesn't appear to be the case. While a landlord can request that a tenant allow such inspections, California law does not provide the landlord with the right or authority to do so.
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    No limit. However, if you have a lease of specific duration you are stuck until expiration. If you are on month-to-month give at least 30 days written notice if the tenant is there less than a year, 60 days if a year or longer. As a novice you need to study the CA landlord tenant statute: http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=5.&part=4.&chapter=2.&article= It can be confusing so read this guide, too: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf Just don't rely on the guide if you have to take any action, the guide is just a summary and can be misinterpreted if you don't know the statutes behind whatever you have to do. I'm a former landlord and I'll leave you with this important advice: Inspect the property once a month. no matter how far away it is. Schedule it for the rent due date. Notify your tenant a week or two in advance that you are coming and will pick up the rent. Carry a receipt book with you, the kind that makes duplicates. Carry your pay or quit notices (written per statutory wording) with you in case you don't get paid. Develop a heart of stone when it comes to tenants or they will walk all over you and cost you a ton of money that you will never recover because tenants typically live from paycheck to paycheck. Good luck.
  9. 1 like
    My step dad passed in June. There are no living children, or other relatives. His ex-wife has an order in New Jersey for past child support arrears due her. He lived in Florida. Decedent recently received a notice from the court for non-payment ( I assume previously it was deducted from his SS check). I am personal rep and have an attorney, but looking for additional advice. Does this order die when the defendant dies?
  10. 1 like
    My sympathy to your child and to you. I have had to drive I-4, but not daily. Just a point of clarification .59 per mile is the irs amount for business expense travel. .17 is the deductable amount for medical expenses.
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    I was injured in one state and moved a year or so later to a new state. The workers comp rules and regulation variances between the two states has made it very difficult to receive medical treatment. My physician of record in the new state refused to follow the guidelines of the state where i was injured and subsequently dropped me as a patient. It took me three years to find a new doctor that would accept the out of state workers comp insurance and follow the guidelines! During that period, i had to go outside of the w/c system for medical treatments hoping that i would be reimbursed after a new doctor was found and a new treatment plan was accepted. This is not the case. My lawyer has informed me that it is NOT likely that i will be reimbursed for these medical expenses because i did not follow the protocols of the state where i was injured. I would think that in the year 2017 in the USA, workers comp benefits would transfer easily to all 50 states! Are there any laws that would help me in this regard? I was injured in Hawaii and moved to Ohio. Hawaii has an open insurance w/c system wherein insurance is purchased from various insurance companies . Ohio has a statewide workers comp system; the insurance is purchased from the state. The statewide system is very streamlined and rigid and the medical professionals have declined to treat out of state injured workers. Please let me know your thoughts on this issue and if there are any laws or directives concerning insurance portability. Thanks in advance. Mark (NoAloha)
  12. 1 like
    Yes. Spilled water on keyboard while typing. sigh.
  13. 1 like
    The video does not allow me to conclude that the 80/20 decision is unreasonable. It's obviously not a good quality video, and I can't discern if or when you started braking. In your original post, you wrote that the video "is showing that [your] car was trying to slow down . . . [and] almost stops." While it may be true that you braked and almost stopped before impact, I can't see that at all in the video. I also obviously cannot tell how fast you were going, and it doesn't look like you've mentioned that in this thread (nor have you mentioned what the speed limit is). Those things being said, it's patently obvious that the other driver was primarily at fault (as the 80/20 decision acknowledges). However, if you were to ask me, based on the video and nothing else, "could the driver of the white car have braked or swerved to avoid the accident," I would have to say yes or probably.
  14. 1 like
    After watching the video there isn't a shred of doubt in my mind that the other driver is 100% at fault for pulling out like that. I think if you sue the other driver in small claims court you have an excellent chance of winning 100%. It would be nice if there was a video of an earlier minute or two because it doesn't look like he even stopped at the stop sign. I think your insurance company just wants to get a surcharge from both of you.
  15. 1 like
    One giant block of text is extremely difficult to read and most will not. May I suggest you edit it to the most basic and keep the entire post to 3 or 4 short paragraphs and perhaps someone will respond.
  16. 1 like
    No one from Idaho follows these boards. Also, it's not clear who's who in your post. The judge who gets to decide visitation is the judge handling the family law case, not the judge handling the criminal case. According to this site, the magistrate division handles family law cases, but appeals from the magistrate division go to the district court. Since your post isn't exactly clear about who's who or exactly what's going on, all anyone here will be able to tell you is that you should retain the services of a local family law attorney.
  17. 1 like
    All you can do is express your concerns to the insurance company and the Florida Office of Insurance Regulation.
  18. 1 like
    You have two options. The first it to give him notice to vacate and file an eviction proceeding (usually called an unlawful detainer). The second would work if he is on probation or parole. If so, notify his parole officer he is consorting with other felons. If the P.O. can verify this, they might revoke his parole and put him back in the slammer. I have used both methods. Your wife may object to the second option so consult her first.
  19. 1 like
    The coroner's office may not be the one who filled out the death certificate--it may have been the boyfriend and they just accepted the erroneous information he reported, without ever officially verifying it. What type of settlement is involved here (is it from a wrongful death case, personal injury accident, etc.) and how much is the settlement? You will need to check at the county courthouse probate court to see if the decedent had a last will and testament that was probated in court. If the answer is yes, did she designate the boyfriend as a beneficiary? If the son-in-law already has an attorney working on his behalf for the settlement, then this attorney should be able to advise if the boyfriend has any rights to any of this estate at all. Whether there was a will or not, the attorney needs to be looking at probate law to see what the law says. You may also want to tell the attorney that the son-in-law wants to fill out a form from the Vital Statistics Department for the relevant state to have the death certificate officially corrected (that is just submitting a form, and it does not have to go through court)..
  20. 1 like
    What sort of settlement? Why is there still any sort of settlement pending over a decade and a half after the date of death? If he truly was only a "boyfriend," then no. However, this may depend to some extent on the state where the mother and boyfriend lived. Your post is tagged with Colorado, and Colorado is one of the handful of states that still allows the creation of common law marriages, so it's possible that the mother and her "boyfriend" were, in fact, married even though they did not obtain a marriage license and have a ceremony (i.e., a "traditional" or "formal" marriage). Do you have any reason to believe the "boyfriend" will try to claim any or all of this "settlement"? "Next of kin" isn't a term that is typically used in the legal system. However, as you have described the situation, your son-in-law (along with any siblings) would be "next of kin." Of course, this should have been established well over a decade ago in connection with the administration of the mother's estate.
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    You appear to have a misconception of limited liability. Every corporation or LLC formed for the purpose of providing the owners or shareholders with liability protection. That does not mean that the corporation is protected from its own negligence or actions. The only limitation on damages when suing a corporation is the amount of damages you can prove and proving liability on the part of the corporation.
  23. 1 like
    How [they] are allowed to operate as limited liability corporations [sic]" (it's limited liability company, not corporation, by the way)? Why would you think they wouldn't be allowed to do that? In any event, they are allowed to do so because no law says otherwise, although I agree with "RetiredinVA" that most companies of this sort operate as corporations, not LLCs).
  24. 1 like
    There are a variety of different forms of limited liability business entities in the United States, including corporations, limited liability companies (LLC), limited liability partnerships (LLPs), and others. It is not clear whether you are asking about the ability to form a specific type of entity or whether you are asking more broadly why these firms are allowed to operate using limited liability entities. I kind of suspect the latter; you post hints that you find it somehow surprising that these businesses are permitted to have limited liability at all, whether by a corporation, LLC, LLP, or something else. The short answer to your question is that in the United States the basic rule of law is that everything is permitted unless some law prohibits it. State statutes that regulate corporations, LLCs, etc., allow pretty much any kind of business to operate using those forms of business and there is no law that says that drug companies and alcohol distillers cannot use them. Bear in mind that all that limited liability means here is that the owners of the business (shareholders or members) are not personally liable for the debts of the business. The corporation, LLC or LLP is still fully liable for all the debts of the business.
  25. 1 like
    Again, with regard to your TWO insurance companies, your "first party" claim rep has no obligation to represent you in your claim against the other driver, so don't expect him to. Normally, if you had accepted the offer from the other driver's insurance company (the one that is not your insurance company), that company would have paid the storage lot and moved the car to the repair shop or, if a total loss, would have paid you the amount you accepted. At some point that insurance company will deny any further storage charges so you need to either get your car towed back to your home (at your expense) or get it towed to a body shop of your choice, but getting a written agreement from that shop that you won't be charged storage while the claim is pending. Your other option is to refuse the offer from the other driver's insurance company and, if you have collision coverage, insist that the claim be covered entirely under your own policy. If your "first party" claim rep decides to attribute some fault to you, then you'll just have to live with the surcharge. Yet another option is to take your car home and sue the other driver for the repair cost or the Actual Cash Value of the car, whichever is less, plus your expenses and if you get a judgment that the other driver is 100% at fault, his insurance company will have no choice but to pay the 100%.
  26. 1 like
    Under Texas Law it is indeed a crime to lie to a police officer if the lie is about something that is material to the investigation the officer is conducting. Specifically, Texas Penal Code section 37.08 states: (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace officer or federal special investigator conducting the investigation; or (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. (b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.
  27. 1 like
    Sue them both. The owner of a vehicle is liable for its permissive use. Whether her insurance covers it or not is her problem. However, insurance also covers permissive users, unless that driver is specifically excluded. Sounds like a Small Claims case. Bring the estimates/receipts for repair to your vehicle, rental car, photos of damage to your hearing.
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    She can't charge him with anything. She can report it to the police, they will investigate it and it will be reviewed by the State's Attorney, who will decide what charges, if any, to bring against either party. Since they are juveniles and this is a domestic battery situation, chances are charges will be brought.
  30. 1 like
    What does this have to do with education law or family law? Yes. Told by whom? Keep in mind that, just because something can happen doesn't mean it will happen. It is extremely rare for a judgment debtor's personal residence to be sold to satisfy an ordinary civil money judgment. Most ordinary judgment creditors won't even try it and, when it is tried, the court typically won't order the sale unless there is significant equity in excess of the statutory exemption (which, based on a quick google search, is anywhere from $82k to $166k depending on the county in which the property is located). If you do have equity that significant, and depending on the amount of the judgment, you might want to look into a home equity loan to pay off the judgment. If you don't, then you might consider consulting with a bankruptcy attorney.
  31. 1 like
    Some parts of a divorce decree may remain open for modification. They include child custody, child support, and visitation. Spousal support may also be open to modification if there is a substantial change of conditions after the divorce is entered. But, if there are specific parts of the order, such as defined property distribution, that do not rely on future conditions, those parts of the order are not subject to later modification. You have not indicated what parts of the order are objectional so I cannot be any more specific.
  32. 1 like
    Whose name is on the deed is irrelevant. When you file for divorce, include in your petition a request for exclusive use of the marital residence. You can also get a restraining order, citing the previous incident(s) which are presumably described in police reports. It is not in your husband's power to refuse a divorce if you want one. A local family law attorney can advise you how Pennsylvania laws apply to your particular circumstances, and help you get the ball rolling. Good luck!
  33. 1 like
    Develop a thicker skin. The only thing that matters is somebody serving you a summons and complaint from a court. Until then you are free to block calls, block emails, block texts, hang up the phone, ignore letters (even from lawyers), etc.
  34. 1 like
    The divorce isn't final and the marriage isn't terminated until the judgment is entered which can be no sooner than 6 months from the date of the filing of the petition. Family Code 2339 and 2340. Marrying another person when you are already married is bigamy, a misdemeanor carrying a sentence of up to one year in jail and a $10,000 fine. Penal Code 281-283. Cops have to have their department's permission to work for another employer. That is standard policy in every department.
  35. 1 like
    I've sold a lot of cars in my time. Here's how I would handle it: "You saw it, you inspected it, you drove it, you bought it AS IS, now go away and never bother me again." I've never had to say that to anybody because I make two copies of a bill of sale that says "AS IS, no warranties or guarantees of any kind." Buyer and seller sign both and each keeps a copy. I also fill in the buyer's name and address in the buyer's spot on the title. I scan a copy of that, too. Then I take my plates off the car and the buyer uses his temporary tag to drive away with the car. Then I go on line to the DMV, fill out the on line sold notice and save a copy of that, too.
  36. 1 like
    The few states that have used car lemon laws, they apply only to dealers, not private sales.
  37. 1 like
    Why would the court "give [you] a date"? Did your lawyer file a motion? Why didn't he/she obtain a date at the time of filing? For that matter, when you asked your lawyer this question, what response did you receive?
  38. 1 like
    Then whoever the executor of the estate is should should be seeking a restraining order or other emergency order to have him removed from the house immediately. I assume the executor is one of your brothers other than the one living in the house. Correct? Right now, you have no direct rights in this regard. However, as a beneficiary of the estate, you have the "right" to expect that the executor of the estate (who owes fiduciary duties to all of the beneficiaries) will take appropriate measures to ensure that the brother living in the house doesn't trash it. If the executor is not taking appropriate action, you can seek to have him removed and replaced. Additionally, if, through his inaction, the executor allows estate assets to be damaged, he may be held personally liable for the damage (and, if he posted a bond to serve as executor, a claim against the bond could be made).
  39. 1 like
    The only way to get rid of a warrant is to be arrested or surrender. They never go away. With that said, depending upon the actual drug charges she was originally convicted of, and her prior criminal history, she may fall under Prop 47 for a reduction of the charge BUT, she's going to have to consult an attorney and get back into court.
  40. 1 like
    It is highly unlikely any judge is going to be sympathetic with your friends case. She was given an opportunity, for which she should have been grateful, and refused the kindness. Her only path is to turn herself in and let the chips fall where they may. She doesn't get to choose the judge: she gets to chose the sheriff to whom she reports. Your situation and her history since sentencing may mitigate the reimposition of sentence but hardly overcome her actions in escaping. In fact, she may be charged and sentenced on an additional charge of escaping.
  41. 1 like
    I have many, many years of experience in the education field. I can say with a fair degree of certainty that you do not have a case against the school. They may have an insurance policy that covers the medical bills. That is rather common. If your child must regularly interact with this other child, I would be contacting the parents of this other child to discuss what is going on. It may also be worth meeting with the teacher/advisor/guidance counselor/administrator to see what might be offered as far as peer mediation or conflict resolution between the students. Most schools have some kind of program in place to teach children to manage interpersonal conflict. Your child might also be able to work with a guidance counselor one on one to deal with his fears.
  42. 1 like
    Just FYI, when you put an "s" at the end of a word with an apostrophe, you are making the word possessive (e.g., teacher's pet; visitor's waiver) or creating a contraction (e.g., "she's got big balls"). If you want to make a noun plural, you just put an "s" or "es" at the end (unless it's an irregular noun like "ox" or "memorandum") without an apostrophe (e.g., "she's got big balls" is correct, while "she's got big ball's" isn't). It might be helpful to have a sentence or two that explains why thousands of people are taking tours of these properties. I understand that too. In fact, your policy, as phrased, would result in violations of the 911 law. It's illegal to call 911 in non-emergency situations. Sure you could. But you could not legally force anyone to sign such a form. Contact an attorney. For a business that manages properties where thousands of folks visit on a daily basis, there's absolutely no reason not to have a qualified professional deal with something like this.
  43. 1 like
    Take a sample to a lab and have it analyzed. It could be anything and you have nowhere to go with this until you have documented what the substance is. Once you have that document, report the exposure to your doctor to see if there are any ill effects. If there aren't any ill effects you'll get a coupon for a free bag. If there are ill effects consult an attorney.
  44. 1 like
    No, she wasn't "technically" trespassing. She wasn't trespassing at all. Not according to the Arizona trespassing statutes 13-1502, 03 and 04. Read them at: http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=13 And you'll see that her entry on to your property is not defined as trespassing by any of the trespassing statutes. Granted that she was neither a guest or an invitee but she wasn't a trespasser. Arizona has several laws regarding dog owner liability. 11-1025. Liability for dog bites A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness. She wasn't bitten, so that doesn't apply. 11-1020. Dogs; liability Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted. Your defense to that was that the dog wasn't "at large." Anyway, I just wanted you to be aware of the statutes. I don't believe you have any liability under the statutes and also no liability under common law negligence because she assumed the risk by coming on to your property without your knowledge or consent. Unfortunately, even if you aren't liable you DO NOT want to mess with these people on your own. Immediately report this to your homeowners insurance company and let the experts handle your neighbors. Your policy requires you to do that and you could lose your insurance by not reporting. Worse, you can be left out in the cold by your insurance company if you get sued later and your failure to report prejudiced your insurance company's right to investigate. Hiring your own lawyer to defend you from a lawsuit could cost you many, many thousands of dollars even if you do prevail and you don't get that back.
  45. 1 like
    No one can intelligently say there's no chance, but we also can't intelligently assess the merits of any claim without any relevant facts (other than your statement that you "lost [your] balance and" fell). That being said, whom do you think you might sue, and why do you think that person or entity is responsible for what happened to you? You'll have to prove that whomever you sue was negligent and that his/her/its negligence caused you to fall. Can you do that? The "resort" where this happened probably has insurance coverage that will pay up to a relatively small amount (e.g., $5k) for medical expenses, regardless of legal liability, so you might want to inquire about that.
  46. 1 like
    No. The resort is not liable for your loss of balance and subsequent injury. Though I'm sure that there are attorneys out there who will take your case on a contingency and rattle some cages in the hope of getting you some go-away money. Just don't county on anything happening anytime soon.
  47. 1 like
    The $2000.00 is not liability insurance, but what is commonly MED PAY, also common in auto insurance. It will pay that amount regardless of fault. If you are sued, then the liability insurance will kick in to defend you, and pay out any judgment award. It looks like his insurance company is looking for help reimbursing for costs without determing fault and that is partially what the 2000 provision is for.
  48. 1 like
    So? When did it happen and what have you done about it so far? Your honeymoon has nothing to do with anything. And you haven't asked a question.
  49. 1 like
    Anyone can sue anyone for anything, but suing and winning are two very different things. What your lawyer really means is that an employee's exclusive remedy against his employer for an on-the-job injury is a workers' comp claim. See p. 8 of this: http://labor.ky.gov/workersclaims/Publications%202/2011%20DWC%20Guidebook.pdf Do you have any reason to believe any of these lawsuits had anything to do with on-the-job injuries? Have you read any documents relating to those lawsuits? Where did you find this out? No idea what you're talking about here. Kentucky statutes are numbered in this format: xxx.yyy. "xxx" is the chapter number, and "yyy" is the individual statute number in that chapter. You're certainly not talking about Chapter 96A, which governs mass transit authorities. In any event, that your employer "can sue and be sued" doesn't have anything to do with this. Any natural person, corporation, LLC, etc. "can sue and be sued," but that doesn't have anything to do with whether any given person has a valid legal claim. If you have questions, you certainly may post them here. You can use the "find a lawyer" link that is prominently displayed at the top of every page at this site if you want a second opinion from another lawyer in your area.
  50. 1 like
    UPDATE: Well, I had court yesterday, regarding the subject of this post. The debt has been placed solely on my ex, and I am off the hook! Now I owe nothing to the lender and any future attempts to collect the debt will be against him only. Thanks for all the replies!