Can a couple become legally married by living together as man and wife under Texas’ laws?
Can a couple become legally married by living together as man and wife under Texas’ laws?
Yes. Marriages by proxy are valid.
[Note: a couple legally married at common law in another state is regarded as married in all states.]
TEXAS
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Categories: Family Law FAQ Tags: legal
Personal Injury: Proving Negligence is Key to Winning a Personal Injury Lawsuit
Personal Injury Negligence Injury Law
Personal Injury: Proving Negligence is Key to Winning a Personal Injury Lawsuit
Negligence is carelessness that causes personal injury to someone else. It can be an action, like carelessly knocking a brick off a rooftop, or a failure to act, like a landlord who doesn’t repair a broken stair. Negligence often forms the basis for personal injury lawsuits.
To support a legal claim for negligence, the plaintiff (the person filing the lawsuit) must show four things: That the defendant (the person or entity being sued) owed the plaintiff a duty of care; that the defendant failed to exercise due care towards the plaintiff (i.e. breached the duty); that the defendant’s breach of duty caused the plaintiff’s injury; and that the plaintiff suffered damages as a result.
Duty of Care: The plaintiff must show that the defendant had a duty of care toward the plaintiff. A person has a duty to avoid causing injury to another if a reasonable person in the same situation could foresee that an action (or failure to act) might cause injury. Some cases are very clear. We all know that someone might be harmed if we run a red light, so we have a duty of care to follow traffic laws and signals. Other cases are more difficult. If a homeowner has a private swimming pool in a fenced yard, does he have a duty to prevent a neighbor child from climbing the fence and accidentally drowning in the pool? How much care would a reasonable person take in that situation? In each case, the circumstances surrounding the injury play an important role in determining whether or not a defendant had a duty of care towards the plaintiff.
Breach of Duty: The plaintiff must show that the defendants failed to carry out their duty of care. For example, a normal person could foresee that a van full of explosives might blow up, so a person who parks such a van in a crowded mall parking lot has breached the duty of care to the other people in the mall. If the van explodes, the driver will be guilty of negligence. A person could also foresee that a car that isn’t repaired properly might malfunction, so if the brakes on a poorly maintained car fail and the car hits a child, the owner of the car has breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. On the other hand, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of care, though the brake manufacturer or the mechanic might be responsible.
Cause: The plaintiff must show that the defendant’s breach of duty caused the injury for which the plaintiff is suing. Sometimes causation is clear. If you run a red light and hit a pedestrian, you clearly caused the injury. If the pedestrian’s elderly mother has a heart attack and dies when she hears of her daughter’s injury, did you cause that injury? Probably not, but those are the kinds of issues that have to be resolved in a negligence lawsuit. There may also be questions about what injury was caused by an accident. People often have more than one accident in their lives, so if someone has had two prior back injuries, what injury to the back was caused by the most recent fall down a flight of stairs?
Damages: Damages in a negligence lawsuit try to put the plaintiff in the same position he or she would be in if the accident hadn’t happened. A plaintiff must show the monetary value of his or her injuries. For example, if a person is disabled and can no longer work, a calculation of damages would consider the occupation of the plaintiff and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical costs and estimated costs for medical care, special accommodations, and assisted living.
In some situations defendants are liable for negligence because of the operation of law, and not because they directly caused an injury. For example, since an employer is held responsible for injuries caused by employees during work, FedEx may be liable if a FedEx driver has an accident while making deliveries. A hospital might be held liable for injury caused by only one nurse. Plaintiffs often make claims against several defendants to make sure there will be enough assets (money) to pay a judgment. FreeAdvice provides Personal Injury FAQs which provide further information, but if you think you have an injury based on someone else’s negligence, you should contact a personal injury attorney as soon as possible. This is because every state has a statute of limitations, or time period limiting when you can file a case. If you’d like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice’s case evaluation form.
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Categories: Personal Injury Laws Tags: accident, injury, legal
Are there any special considerations in a case involving Paxil?
Paxil Lawsuit Special Considerations Drug Toxic Chemicals
Free Case Evaluation From An Experienced Drug Liability Attorney.
Are there any special considerations in a case involving Paxil?
Paxil was approved by the FDA for treating depression, obsessive-compulsive disorder, panic disorder, and social anxiety disorder in 1992. The FDA later approved the use of Paxil for treatment of posttraumatic stress disorder, in 2001. At that time, however, the FDA also required that Paxil’s manufacturer increase the level of warnings to deal with the fact that the manufacturer had never adequately warned of the serious side effects many people suffered when attempting to withdraw from Paxil. In fact, Paxil had, at that point, been marketed for years as being non-habit forming when, in fact, many patients continued to use it simply to avoid the severe withdrawal symptoms.
If you or your loved one suffered serious side effects from withdrawal or were unable to discontinue using Paxil, you may have a case against the manufacturer for not emphasizing this information. Depending on when you started taking Paxil, you may also have a case against your doctor if, in fact, the warnings had been changed before you started taking Paxil and your doctor never adequately warned you about the problems with withdrawing from Paxil.
If your child suffered from birth defects or persistent pulmonary hypertension (PPHN) after the mother took Paxil during pregnancy, you may have a cause of action against the manufacturer for failing to adequately warn you or against the treating doctor for not warning about the dangers of using Paxil during pregnancy.
Another issue arises in that the FDA never approved Paxil for use in treating depression and other mental disorders in children. Nonetheless, Paxil’s manufacturer promoted the use of Paxil for children for many years. Paxil does not appear to adequately treat children suffering from depression. In addition, the use of Paxil has been linked to increased suicidal tendencies in children and adolescents. If your child used Paxil and attempted or committed suicide, you probably have a cause of action for damages against the manufacturer. You may also have a cause of action against your child’s doctor. Although Paxil was promoted as helping children, the FDA did not approve it for that use and your child’s doctor should have been aware of that.
Finally, Paxil has been linked with increased suicidal and homicidal tendencies in adults. Again, this appears to be a tendency that the manufacturer was aware of but chose to downplay or ignore. If your loved one committed or attempted suicide while taking Paxil, you may have a claim against the manufacturer.
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Categories: Personal Injury Laws Tags: C, Lua
How To Get Out Of Debt
how-to-get-out-of-debt bankruptcy-law
How To Get Out Of Debt
Once you accept the fact that you are in debt and come up with a detailed budget–or spending plan–you are ready to start getting out of debt.
As an essential first step, most financial advisors will tell you to stop adding to your debt. That means putting away the credit cards to avoid the tempting buy now, pay later option. The average American family has a dozen or more credit and store cards. Take them out of your wallet or purse and put them out of reach, out of temptation. Better yet, cut them up. Then pay cash. If you can’t afford it, don’t do it.
But, with an exception. You should keep one credit card handy-preferably the one with the lowest interest rate and lowest amount due-for the occasional emergency, like an unexpected medical or repair bill, but use it for nothing else.
Your next moves depend on the size of your debt (which you have now itemized!) and you can do a number of things yourself. For instance, you can contact your creditors, in person if possible, about renegotiating the terms of your debt. They may be willing to do this if some changes allow you to continue paying something on a regular basis. Speak only with a supervisor, a credit manager, or someone with authority, not just the person who happens to take your call. Ask about your options, whether there is a way you can pay less or stop paying interest, at least temporarily, whether you qualify for a lower interest rate, or whether you can work out a schedule that reduces payments to a level you can manage.
Some creditors, especially those with unsecured loans like credit cards, may agree to this approach if they believe you are acting in good faith, so it is worth a try. Be sure to keep a written record of your conversation, including the name and title of the person you speak with, the date and time, and a detailed summary of your agreement. Then send a copy, by certified mail with a return receipt, to the person you spoke with-and be sure to keep a copy for your records.
If you are not confident about your ability to negotiate, or simply have too many different creditors, you may want to try a debt management program. With these programs, a counselor-who should be certified and trained-will contact your unsecured creditors and negotiate to lower interest rates and waive fees. Once a debt management plan has been finalized, you make a monthly payment to the program, which will use those funds to pay your creditors, as agreed.
Before you sign any agreement for debt management, check to be sure you are dealing with a reliable firm. Insist on a regular statement that documents the amounts and dates of payments made to your creditors-if they are not made on time or payments are missed, you are responsible–and be sure exactly how much this service is costing you.
Up to this point, you are dealing with unsecured debt where no assets are at stake to guarantee payment. That changes with debt consolidation, which usually involves taking out a new loan to repay all the other debts. Refinancing a home or car, borrowing against a retirement account or insurance policy are typical ways to raise the money to pay off debts with a single payment. The lure is the convenience, the downside that the new loan-which should have a lower interest rate than the existing loans-must be paid on time, or the asset used to secure the loan may be forfeit.
A final possibility is bankruptcy, but most financial advisors consider that an option that should only be used as a last resort.
Categories: Bankruptcy laws Tags: bankruptcy, family
What should I do if I am having problems with my telephone service?
Telephone Service Problems Communications Law Intellectual Property
What should I do if I am having problems with my telephone service?
Telephone service is highly regulated both by the FCC and each state’s public utility commission. For more information, see the FCC web page at http://www.fcc.gov or call the FCC toll free at 1-888-CALL-FCC, or contact your state’s public utility commission.
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Categories: Intellectual Property Laws Tags: C
I married an army colonel after my divorce. He recently was re-assigned to another out-of-state base. Could my ex-husband stop us from taking the children to the new location?
Military Child Custody Child Custody
I married an army colonel after my divorce. He recently was re-assigned to another out-of-state base. Could my ex-husband stop us from taking the children to the new location?
It is possible that he could. Because you have custody it does not mean you have unlimited choice in moving away with the children. The court will revisit the matter based upon the best interests of the children. It is also a possible ground for a change of custody. The whole spectrum of the children’s family situation, including extended family, schooling, etc can be looked at.
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Categories: Family Law FAQ Tags: family
Wv No Parental Consent – What is the age without parental consent in west virginia?
What is the age without parental consent in west virginia?
Male: 18
Female: 18
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Categories: Family Law FAQ Tags:
Can a couple become legally married by living together as man and wife under nebraska’s laws?
Can a couple become legally married by living together as man and wife under nebraska’s laws?
No. Proxy marriages are valid under certain conditions.
[Note: a couple legally married at common law in another state is regarded as married in all states.]
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Categories: Family Law FAQ Tags: legal
Personal Injury Lawsuits: What They Are and How They Work
Personal Injury Lawsuits Injury Law
Personal Injury Lawsuits: What They Are and How They Work
A personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction. There are many phases to a personal injury lawsuit, and it’s often difficult to predict how long it will take to resolve a case. This article will take you through each phase of a typical personal injury lawsuit.
The Accident
Contacting an Attorney
Demand Letter
Filing a Lawsuit
Discovery
Pre-trial Motions
Settlement
Trial
Appeal
Collection
The Accident
When an accident occurs, it is important to record as much data as you can about the circumstances surrounding the accident as quickly as you can. For example, if you are involved in a car accident, you might want to call the police to have them make a report about the scene, such as the position of cars, skid marks, and so on. If possible you should have someone take photos or videos of the scene of the accident as soon as possible after the accident. You might record a torn carpet, damaged step, or spilled food that has caused a fall or skid marks and broken glass from a car accident. You will also want to get the names and contact information of any witnesses to the accident. Anyone who is injured in an accident should seek medical care as soon as possible to find out what injuries have been caused by the accident and to minimize injury. Documenting these details early on will help you determine key issues, such as fault and amount of damages, when the time comes. It will also keep you from forgetting important details.
Contacting an Attorney
Unless your injuries were very minor (i.e. very minor soft tissue injury from a 5 MPH fender bender), you should consult with an attorney very soon after your accident. A good personal injury attorney can help you gather key evidence and provide valuable advice on how to document your injuries and damages. Under no circumstances should you talk to an attorney representing the other person in the accident, the other person’s insurance company representative, or sign any documents, before consulting with your own attorney first.
Demand Letter
If you believe you’re entitled to compensation from the other party for your injuries, your attorney will usually send a demand letter, either to the other person (or their attorney) or to the other person’s insurance company. The letter will give the relevant facts about the accident such as the time and place and cause of the injury, describe your injury, and ask for a specified amount in settlement of the case. A demand letter usually gives the other parties a specified time to respond.
Filing a Lawsuit
If your case is not settled, the next step is for the person who has been injured to file a lawsuit. The person filing the suit is called the plaintiff, and the document the plaintiff files is usually called a complaint. The party being sued is called the defendant. A third party serves the complaint on each of the defendants, and the defendants have a specified time to reply to it, such as 20 to 30 days. This reply is usually called an answer. All documents, including the complaint and the answer, are filed with a local court. The plaintiff usually chooses the court, although, under certain circumstances, a defendant may seek to have the lawsuit moved to a different court.
Discovery
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
Pre-trial Motions
Before the case is set for trial, the attorneys in the case may make various legal arguments about the case in the form of motions to the court. These might concern the adequacy of the complaint or answer, disputes about discovery, or an argument that one party’s case is so strong that he or she is entitled to judgment in his or her favor without a trial.
Settlement
When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference where the judge tries to help the parties reach a settlement agreement before going to trial. In some places the parties are referred to mediation before a case can be set for trial. In mediation the parties themselves might be present and the session is directed by a mediator instead of a judge.
Trial
If all efforts at settlement fail, the case will be set for trial before a judge or jury-whichever the plaintiff chooses. The parties will present witnesses, cross-examine the other parties’ witnesses, present evidence, and make arguments. At the end, the finder of fact (judge or jury) will enter a verdict for the plaintiff or defendant. If the verdict is for the plaintiff, the finder of fact will decide on the amount of damages.
Arbitration is an alternative to the trial process. Arbitration is similar to a trial, but is conducted before an arbitrator or a panel of arbitrators. In binding arbitration the decision of the arbitrator or panel is as final as the trial court’s verdict. Parties to a lawsuit can agree to enter arbitration and are required to submit to arbitration in some contracts. For example, if you sign a contract with a health care provider that has an arbitration clause, if that person injures you, you may be bound by the agreement to use arbitration. Arbitration is usually less expensive than litigation and may be quicker.
Appeal
Either party can appeal if there was a significant legal error in the trial. To “appeal” means you take the case to a higher court to review any legal errors you think may have been made by the judge or jury. For example, a plaintiff might appeal if he thinks he lost his suit unfairly or would have gotten more in damages if the judge had not refused to admit something into evidence. A defendant might appeal if, for example, she thinks there is a valid legal basis to argue that the award for damages given to the plaintiff was too large.
Collection
When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
If defendants don’t pay the damages awarded by the court, states have procedures similar to the discovery process that allow the plaintiff to find out where the defendant’s assets are and to collect as much of the damages as possible.
Do you need an experienced personal injury attorney?
There are times when an accident attorney is not needed. This is usually the case when the injuries are very minor and there are no disagreements about who was at fault and who should pay (and what amount should be paid). Often, however, things are not so simple. If you were involved in a more serious accident, you should contact a personal injury lawyer right away. See How a Personal Injury Lawyer Can Help for more information about what personal injury attorneys do and how they can help you you’re your case. If you are looking for a personal injury lawyer, you can find listings of qualified attorneys in your area by going to AttorneyPages.com. If you would like to have your case reviewed by an experienced personal injury lawyer, simply fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
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Categories: Personal Injury Laws Tags: accident, injury, legal
It seems like common knowledge that Paxil causes increased suicidal tendencies and that some people can’t stop taking it due to the side effects of withdrawal. Why should I go to an attorney when it seems that I should be able to negotiate a settlement with the company on my own? Or would there be a benefit to joining a class action in my case?
Paxil Attorneys Versus Class Action Drug Toxic Chemicals
Free Case Evaluation From An Experienced Drug Liability Attorney.
It seems like common knowledge that Paxil causes increased suicidal tendencies and that some people can’t stop taking it due to the side effects of withdrawal. Why should I go to an attorney when it seems that I should be able to negotiate a settlement with the company on my own? Or would there be a benefit to joining a class action in my case?
It seems, at first glance, that you can save some money by negotiating with GlaxoSmithKline if you or a loved one has suffered from increased suicidal tendencies. However, you place your case at great risk by doing this. Large pharmaceutical companies, such as GlaxoSmithKline, have large legal departments with highly trained, experienced attorneys to defend them. The companies that insure GlaxoSmithKline also have experienced legal staffs and insurance adjusters, and in some cases, outside counsel may be brought in to help with a particular case.
If you choose to represent yourself, even if you think the case will only be negotiated and not go to trial, you will be up against some of the toughest and most experienced attorneys and insurance adjustors in the industry. You need to remember that their sole interest is in minimizing or completely denying any liability on the part of their client, even if that means that you do not receive the compensation to which you are entitled. Everything that you do or say will be scrutinized to see if it can be used to limit the company’s liability. And if your case does end up in court, you will be held to the same standards and the same deadlines as an experienced attorney.
Attorneys who handle personal injury cases usually take the case on a “contingency” fee basis. This means that part of your settlement or recovery, typically 1/3, will go to the law firm as compensation for their work. It also means that if they are unable to recover any money for you, you will not owe them anything for their legal services. This way, you can get good legal representation without having to pay a large retainer fee that you probably can’t afford. And while the percentage that the law firm retains may seem like a great deal, when you consider the amount of time, effort, and resources that go into the preparation of your case as well as the risk that the firm will not be compensated for any of it, you will see why these contingency arrangements are fair to both sides.
Your attorney will also be able to advise you whether it would make more sense to handle your case alone or as part of a class action. Some cases have unusual fact situations or will be making new law in the place where they are brought, and need to be handled as individual cases. However, many cases have a lot of things in common, and can be dealt with as part of a larger class action case. While it is true that most cases handled individually end up settling for more money, that is usually because there is something unusual about the case that makes it worth more money. Deciding whether to pursue a case individually or as part of a class action is an important decision. In many cases, once you make that decision, you will be unable to change it later. Your attorney can help you decide how best to handle your case.
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