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FindLaw_Communities

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  1. If you need legal assistance and would like to speak with an attorney, we suggest these resources: 1. FindLaw Lawyer Directory - http://lawyers.findlaw.com/ This resource will allow you to browse attorneys by location or practice area, and even sort by which offices offer free consultations. 2. FindLaw Legal Connection - http://www.legalconnection.com/ This resource will allow you to enter information about your legal issue and then be automatically matched with an attorney in your area. You also have the option of seeking out legal aid. Try this resource: State Legal Aid Resources
  2. Does this distribution seem right? "Right" is a very subjective term, but objectively a distribution of the type you describe is in line with what typically happens when a minor receives a settlement. In fact, in many cases the entire settlement is placed into a blocked account. Laws do vary from state to state with regard to minor settlements, so your attorney is in the absolute best position to advise you as to whether this settlement distribution is in line with the laws of your state. Some states do allow for the minor's guardian to petition the court for a distribution to pay for the minor's expenses. This typically involves demonstrating to the court exactly what the money will be used to purchase and why it is a necessity. Again, your attorney is in the best position to advise you as to how you might be able to petition the court in your circumstances.
  3. I know this isn't what you want to hear, but you really should consult with a personal injury attorney. Insurance companies are in the business of minimizing their losses, so it makes perfect sense that they would deny benefits in a situation where their insured is denying that he was involved in the accident. Further, unless you are already at a stage where you are dealing with your insurance company's attorneys, it is unlikely that the person you are speaking with at your insurance company has any understanding of the laws pertaining to negligence in your state. Most personal injury attorneys offer free consultations and most also work on a contingency basis. That is, your attorney will not require you to pay any fees up front. Instead, fees will be taken as a percentage of any damages award you receive. If you were injured in an accident, you may be eligible for damages based on factors the average non-attorney would not even think to request. A typical auto accident damages award may include cost of past medical care, cost of future medical care, cost of lost work time, cost of anticipated future lost work time, and pain and suffering. To maximize damages recovery, it is always advisable to retain an attorney. To find a local personal injury attorney, try this resource: Browse Personal Injury Lawyers by Location
  4. Statute of limitations laws apply to limit the amount of time a prosecutor has to file official charges after a crime takes place. Once charges have been filed, as appears to be the case in the matter you described, statute of limitations laws no longer apply.
  5. According to Kentucky Revised Statutes 508.060: According to KRS 532.060, a Class D Felony is punishable by "not less than one (1) year nor more than five (5) years" of imprisonment. There are also most likely fines associated with this crime. Consult with a local criminal defense attorney to learn more about how this crime will be punished in Kentucky.
  6. Your question is a bit too vague to give a specific answer. Generally, "self defense" and "defense of others" is a type of defense to a crime-- not a right in and of itself. Basically, the defendant is admitting to the crime, but saying that he or she had a valid reason for committing the crime and should not be punished for it. The rules concerning "self defense" defenses will vary from state to state and crime to crime. But, you can see a general overview of self defense here: Common Defenses to Criminal Charges
  7. ... should I atain the same amount in child support? Not necessarily. The court will consider a range of factors based upon the child support guidelines that are in effect in your state. There is not a set formula that would result in the exact same child support amount. To read more about how child support is calculated, try this resource: Establishing and Calculating Child Support FAQ Also, what constitutes a change in circumstance for modifying child support? There are a number of factors that may result in a temporary or permanent medication to child support. See this resource for details: Modification of Child Support Orders FAQ
  8. First, you are always free to change to a different attorney. Simply consult with and then choose a new attorney. The new attorney can help you fill out the appropriate form to change representation. With regard to reporting your current attorney for ethical issues, this may be accomplished through your state's bar association. Do an Internet search for the name of your state plus the term "bar association"-- for example: "StateX bar association." When you arrive at the proper web site, look for information about attorney complaints and follow the instructions you find there.
  9. Can you be fired without any verbal warnings or write ups? Generally speaking, yes. Unless you had a valid employment contract or were part of a union collective bargaining agreement, you can be fired at any time for any non-discriminatory reason. So, unless your firing was based on your gender, race, etc., it was likely not illegal. Consult with a local employment law attorney to learn how the facts of your dismissal relate to the applicable laws in your state. For more general information, try this resource: Ten Things to Think About: Wrongful Discharge
  10. FindLaw_Communities

    Theft

    Yes, the employee can still be charged with a crime. Criminal charges are brought by prosecutors and the decision about whether to charge a person with a crime is their decision alone. The actions taken by the employer do not have any effect on the ability of the prosecutor to charge the employee with a crime.
  11. It appears from what you have mentioned here that your case is going to be disputed by the opposing party's insurance. The absolute best thing to do is to immediately stop communicating with the insurance company and the other driver and retain a personal injury attorney to handle your case. Most personal injury attorneys offer free consultations and most also take their cases on contingency. That is, you do not pay any fees up front, instead your fees will be paid as a percentage of your settlement amount. To find a local personal injury attorney, try this resource: Illinois: Personal Injury Lawyers This resource will allow you to browse attorneys by location, and even sort by which offices offer free consultations. As with any legal matter, it is best to consult with several attorneys before deciding who will represent you. It is very common for the opposing side's insurance company to dispute your version of the accident and they are under no obligation to take your side of the story into account. This is why it is so important that you have an attorney represent you as you work to settle the matter. Personal injury settlements typically take into account many factors-- many that non-attorneys don't even realize may be a part of their settlement. For example, a car accident settlement may include past medical bills, anticipated future medical bills, lost work compensation, anticipated future lost work compensation, cost of rehabilitation and pain and suffering. It all depends on the facts of your case.
  12. Having an attorney handle your case is absolutely the right decision. Personal injury settlements are complex and may include a number of factors. A typical personal injury settlement may take into account past medical bills, anticipated future medical bills, pain and suffering, anticipated loss of work ability and cost of physical rehabilitation. Your attorney will likely hire several experts to testify as to the proper amounts for future expenses related to the accident. Based only on the very limited information you present here, $3000 sounds like a low first offer for a case involving a fractured vertebrae. Consult directly with your attorney to learn what factors may have led to that low of an offer and what factors your attorney feels are relevant to your case.
  13. atlmich63, personal injury cases can take years to resolve, depending on the facts of your case. It is not uncommon to wait several months to get a counteroffer from an insurance company. Your best course of action is to have a discussion with your attorney about how long this particular insurance company usually takes to respond to demand letters and how long the typical personal injury case your attorney sees takes to resolve. Presumably, your attorney is in close communication with the insurance company and has some idea about when to expect some kind of response.
  14. Ms. Hightower, personal injury claims can take years to settle and the demand letter phase alone can extend over many, many months. Your best course of action is to have a discussion with your attorney about how long this particular insurance company typically takes to respond to demand letters and how long a typical case that your attorney handles takes to resolve.
  15. jodyelsa, it's possible that you have a case for medical malpractice. But, medical malpractice cases are very fact intensive, so it is pretty much impossible to guess if a case exists without first doing some research into the facts of your case. For example, going over medical records and hospital records. Consult with a local personal injury attorney. Almost all personal injury attorneys offer free consultations and most also take cases on contingency. That is, you do not pay any fees up front, instead paying fees as a percentage of any settlement you receive. Although every attorney handles these matters differently, many attorneys will do some initial research into a medical malpractice case at no charge just to see if there is a case. Speaking with an attorney is the absolute best way to see if you have a case. You can find a local personal injury attorney using this resource: FindLaw Lawyer Directory - http://lawyers.findlaw.com/ This resource will allow you to browse attorneys by location or practice area, and even sort by which offices offer free consultations. As with any legal matter, it is smart to consult with several attorneys before you decide who will represent you.
  16. For suspects who are in custody, speedy trial laws typically require prosecutors to file charges, if at all, within 72 hours of arrest. For more information on the charging process, try these resources: How People Get Charged with Crimes Arraignment
  17. FindLaw Answers Q&A is an internet message board set up in a question and answer format, not an attorney referral service. If you need legal assistance and would like to speak with an attorney, we suggest these resources: 1. FindLaw Lawyer Directory - http://lawyers.findlaw.com/ This resource will allow you to browse attorneys by location or practice area, and even sort by which offices offer free consultations. 2. FindLaw Legal Connection - http://www.legalconnection.com/ This resource will allow you to enter information about your legal issue and then be automatically matched with an attorney in your area.
  18. You can file a grievance with the State Bar of Texas, the licensing body for attorneys in Texas. You can get information about how to file a grievance here: State Bar of Texas - Client Assistance & Grievance
  19. For the most part, only an attorney licensed in Oregon can represent you in an Oregon courtroom. Some states allow attorneys licensed in other states to represent a client in limited circumstances if they are associated with an attorney in good standing in that state, but the rules on this practice vary from state to state. In criminal matters, it is particularly important to have an attorney who is very familiar with not only that state's laws, but the typical procedures in the specific city/ county where your matter is being heard and the prosecutors who handle cases in that area. For that reason, it is best to find an attorney who is local to where the matter will be heard. To locate a criminal defense attorney in Oregon, try this resource: Oregon: Criminal Defense Lawyers
  20. FindLaw Answers Q&A is an internet message board set up in a question and answer format, not an attorney referral service. If you need legal assistance and would like to speak with an attorney, we suggest these resources: 1. FindLaw Lawyer Directory - http://lawyers.findlaw.com/ This resource will allow you to browse attorneys by location or practice area, and even sort by which offices offer free consultations. 2. FindLaw Legal Connection - http://www.legalconnection.com/ This resource will allow you to enter information about your legal issue and then be automatically matched with an attorney in your area. Given that you are uncertain about what kind of attorney you need, option #2 may be the best option for you.
  21. You bring up two distinct issues in your post. First, whether you can stop a debt collector from harassing you. Yes, you can. There is a federal law called the Fair Debt Collection Practices Act that governs exactly how and when a debt collector can contact you. You can read more about this law, and what you can do if a collector is violating the law, here: What Types of Debt Collection Practices Does the Law Prohibit? The Fair Debt Collection Practices Act What May I Do if the Debt Collector Breaks the Law? What to Do If a Bill Collector Crosses the Line The second issue you raise is whether the debt collector must allow you to make payments on your debt. That is, whether the debt collector can take you to court if you are offering to pay off your debt with lower payments than the debt collector wants to accept. Debt collectors do not have to accept partial payments. But, if you continue to pay on your debt and keep good records of your regular payments, most judges will look favorably on your efforts if/ when the matter ends up in court. Consult with a local attorney who specializes in debt collection issues to learn more about how the facts of your case may influence a possible court case.
  22. It appears from your post that the doctor you describe is in violation of federal law. You can file a federal HIPAA complaint with the department of Health and Human Services. You can find information on exactly how to file a HIPAA complaint on the U.S. Department of Health and Human Services Office for Civil Rights HIPAA website. Here's a link to the pdf fact sheet on filing a complaint: How to file a health information privacy complaint [pdf]
  23. Gaming and raffle laws, including those that apply to non-profits, vary from state to state. To get an idea what the law may be in your state, try an Internet search using the name of your state and the term "raffle law" or "gaming law." For example, a search for "California raffle law."
  24. You can get information about how to sue in small claims court, including where to find the appropriate forms, here: Small Claims Cases
  25. There is no one way to prove negligence. An attorney will assess the situation and make the strongest argument based on the facts of the case. But, that being said, you can get some general information about proving negligence in a car accident case here: The Basics: Fault and Liability for Motor Vehicle Accidents Proving Fault in Vehicle Accidents Defenses: Contributory and Comparative Negligence in Car Accident Cases Vicarious Liability and Negligent Entrustment in Car Accident Cases Special Liability Issues in Car Accident Cases: Rentals, Pedestrians, and More If the opposing side's insurance is claiming that you are at fault, it is always best to contact your insurance company and/or a car accident attorney and let your insurance adjuster or attorney deal with communicating with the other driver. It is very easy to accidentally say things about the situation that could be taken as an admission of fault.
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