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Contingencies That Home Buyers Should Include In A Purchase Contract

Posted by on 4:02 pm in Uncategorized | Comments Off on Contingencies That Home Buyers Should Include In A Purchase Contract

According to Realtor.com, in 2015, there were 5,250,000 existing homes sold in the United States. When you are in the midst of the home buying process and you are ready to make an offer on a home that you are interested in, you will need to present a real estate purchase contract to the seller of the home. Part of the purchase contract are contingencies. The contingencies are requirements that need to be met before the sale is finalized. These requirements are intended to protect you – the potential buyer – from getting scammed. The question is: what contingencies should you include in your contract? Financing Contingency A financing contingency allows you a certain amount of time to secure financing in order to purchase the home. As the potential home buyer, you are responsible for setting the amount of time that you deem reasonable. Up until that time, you have the right to terminate the purchase contract if you are not able to secure financing. After that time, you then must waive the financial contingency, and you are then obligated to purchase the home, regardless of whether or not you have secured financing. Inspection Contingency An inspection contingency allows you a certain amount of time to have the home inspected. Home inspections are done by professional home inspectors and consists of tasks such as examining the inside and outside of the home thoroughly. Once the inspection is completed, you are provided a report that details any issues that the home inspector may have discovered during the inspection. You then have the right to accept the findings, negotiate repairs or cancel the contract. Appraisal Contingency An appraisal contingency provides you with protection so that you can be sure that the home you are interested in purchasing is worth the amount of money that the seller of the home is asking. With the appraisal contingency, you have the opportunity to renegotiate the asking price if the home is appraised for a lower amount than the asking price. You also have the opportunity to cancel the contract entirely. Title Contingency A title contingency helps to assure you that the seller of the home has a title to the home that is free and clear of things like disputes and liens. There are times when a seller may not have the legal right to sell the home, such as in the cases of divorce, tax liens or contested wills. A title contingency gives you the option to cancel the purchase contract in the event that there are unresolvable issues. A real estate purchase contract is an agreement that is legally binding. For more information, contact a real estate lawyer in your...

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Common Negligent Medical Mistakes That May Lead to Malpractice Claims

Posted by on 1:10 pm in Uncategorized | Comments Off on Common Negligent Medical Mistakes That May Lead to Malpractice Claims

When people need medical attention, they expect doctors to look after them and act professionally. However, mistakes do occur, as doctors are people too. In some cases the mistakes couldn’t be helped, but in some cases mistakes do lead to malpractice claims. Here are the most common negligent medical mistakes you need to be aware of, some of which have caused harm to 1.5 million people in the United States, according to a study in 2006. Mixing Up the Patients Despite various checks to make sure doctors are treating the right patients, there are times when patients are mixed up despite the use of patient records and wristband systems to prevent mix-ups like this from happening. This is why it is not uncommon for medical staff to ask your name and birthday every time they enter the room. Misdiagnosing Conditions There are times that misdiagnosis is a genuine mistake, but sometimes a misdiagnosis is due to negligence. Doctors may not listen to all the patients’ symptoms or may have a diagnosis in mind and refuse to budge. Getting the wrong diagnoses can lead to unnecessary treatments and to the real condition getting worse. In some cases, the treatments can aggravate the real condition. Injuring Newborns Birth is a wonderful thing, but it also opens the mother and baby up to possible negligence from medical personnel. Women may have unnecessary c-sections or not get c-sections when necessary, and this puts babies and sometimes mothers at risk. Some negligence claims related to labor and delivery involve brain injuries and fractured bones in babies, dangerous bleeds in women, and failure to diagnosis and treat pre-eclampsia quickly enough. Leaving Objects After Surgery There are stories of people walking away with items in their bodies after surgery. In many cases, these items are found because they cause both rejection of the surgical procedure and infection. Statistics show surgeons leave objects inside of patients more than a dozen times a day. Losing Patients This is not about death during surgery or time in a hospital, but physically losing a patient. This is common with people with dementia or young, explorative children. People start to wander without alerting staff to their whereabouts. They can get into trouble, sometimes wandering into places of extreme temperatures or suffering from dehydration because they are not attached to drips. Medical negligence is a serious problem, and there are numerous malpractice claims in the United States every year. The above reasons are just some of the main reasons for malpractice claims from mistakes that you should be aware of.  For more information about filing claims about this type of personal injury, talk to a law firm such as Schlicter & Schonack...

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Suffer A Slip And Fall Accident? 3 Steps You Should Take To Protect Your Rights To Compensation

Posted by on 1:52 pm in Uncategorized | Comments Off on Suffer A Slip And Fall Accident? 3 Steps You Should Take To Protect Your Rights To Compensation

If you suffered a slip and fall accident while shopping, you may be entitled to compensation. To make sure you don’t jeopardize your claim for compensation, you need to avoid making costly mistakes. Before you go any further, here are three things you should do to make sure you receive the benefits and compensation you’re entitled to. Get Proper Medical Attention If you’ve been injured in a place-of-business, it’s important that you seek medical attention as soon as possible. Whether you seek medical care through an emergency room, urgent care facility, or your own primary care physician, you need to have your injuries documented. Those initial medical records will be particularly important if the insurance company decides to fight the claim, or the store refuses to accept responsibility for your injuries. Not only that but a thorough physical following an accident will allow doctors to identify injuries that you might not realize you have. After an accident, your body will be producing an increased about of adrenaline, which can stop you from feeling pain for a while. Seek Legal Representation You might think that dealing with the insurance company on the own will save you money. Unfortunately, that’s not necessarily true. While going it alone will help you avoid paying for attorney’s fees, it may also prevent you from receiving the full compensation you’re entitled to. Before you decide to negotiate with the insurance company on your own, you need to sit down with an injury lawyer. They’ll answer any question you might have regarding your claim and they’ll help you understand the legal process. Document Your Injuries Your recovery might not go as quickly as you’d like it to. In fact, it might be a process of a few steps forward followed by more steps backwards. Keeping a journal will allow you to keep track of your recovery, including those days when you seem to be getting worse instead of better. This information will help during the settlement negotiations, especially if the insurance company tries to downplay how your injuries affected your day-to-day life. Here are a few of the things you should include in your journal. How your injuries interfere with your day-to-day activities Changes you’ve had to make as a result of the injuries How your injuries affect your family life If you’ve suffered injuries as a result of a slip and fall accident in a store, you need to protect your rights as an accident victim. The information provided above will help you get the compensation you’re entitled...

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3 Things You Should Not Do If You Are Going To File For Bankruptcy

Posted by on 12:11 pm in Uncategorized | Comments Off on 3 Things You Should Not Do If You Are Going To File For Bankruptcy

Filing for bankruptcy is often the last resort for individuals who just can’t handle their debt anymore. If you think you might fit into this category and are thinking about officially filing in bankruptcy court, you’ll want to plan your next moves carefully. Financial decisions you make in the last few months before officially filing could actually have an effect on your bankruptcy case itself. Here are three things you do not want to do if you are certain you are going to file for bankruptcy in the near future. Don’t Give Away Your Assets A common myth surrounding bankruptcy is that if an asset is not in your name, your creditors can’t go after it. But when you file for bankruptcy, you are often required to disclose all assets including any that you gave away within the last few years. The exact amount of time will vary by state but in general, if you try to dump your assets by gifting them to a relative right before filing, the court is not going to be happy about this and it could end up costing you.  Don’t Give In To Creditors At The Last Minute If a creditor of yours gets wind of the fact that you are about to file for bankruptcy, they may become more aggressive about making phone calls or even show up at your door to try and collect. But once you’ve made the decision to file, you need to stop all payments and let the court handle everything from here on out. Continuing to pay a debt at this point won’t help your case and does not guarantee you will still have a credit line after the bankruptcy is over. If a creditor is making specific threats, let your bankruptcy lawyer handle it for you. Don’t Take Money Out of Retirement If you’ve been especially desperate recently, you may have been taking some cash out of your 401K or other retirement assets. You’ll want to stop this immediately if filing for bankruptcy because retirement funds are generally not touchable by creditors in a bankruptcy. But once the money is out of your retirement fund and in your bank account, it will count as an asset that you need to report to the court. It’s understandable that you would to try and preserve as many assets as possible when you are considering bankruptcy. But it’s important not to do anything drastic like trying to put your assets under a relative’s name immediately before you file. If in doubt, the best solution would be to hire a bankruptcy lawyer and let him or her walk you through the process instead of trying to go it alone. Reach out to a bankruptcy attorney like Collins Toner & Rusen for more...

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Legal Services That Are Often Handled By A Paralegal: Why It May Be Helpful To Consult A Paralegal First

Posted by on 6:35 pm in Uncategorized | Comments Off on Legal Services That Are Often Handled By A Paralegal: Why It May Be Helpful To Consult A Paralegal First

Paralegals are legal professionals that have less schooling than lawyers, but often handle many day-to-day operations in a law firm. If you schedule a meeting to speak with a law firm about your issues, you may find yourself meeting first with a paralegal. The paralegal may be able to provide you with some legal advice free of charge, as well as refer you to an appropriate lawyer in the firm. Here are some other legal services that are provided by a paralegal and why it may be helpful to consult a paralegal first. Organization of Your Documents When you bring paperwork into the office for your case, you may be handing it off to the paralegal. The paralegal will be the one who types everything up, makes it neat and tidy, and then hands it off to your lawyer the clerk of courts. The paralegal will also organize your documents for you so that if you are somewhat disorganized, you need not worry about how your paperwork looks. These services may be included in the fees your lawyer charges, or there may be a separate fee for these services. Typically, however, they are included. Research for Your Case If your case requires any research, typically the paralegal handles the research for you and your lawyer. The paralegal has enough legal knowledge about the laws in your county and state that he or she can look up any suspected infractions of the law for you (for example, is it breaking the law if you cross at a crosswalk but walk outside the white lines, thus causing an accident…). Additionally, if you cannot gain access to certain information or court documents that you need, the paralegal may have access to these sites and agencies and can get the information for you. If the lawyer acquires a subpoena for certain information, it may be the paralegal who peruses through the files or documents for the information needed to support your claims/story. Referrals to the Correct Branches of Law and Free Legal Advice Many times people do not know which type of lawyer they should hire or to whom they should take their case. A paralegal can help you find the appropriate legal branch of law and may even refer you to some of the best lawyers in their firm for that particular branch of law. Additionally, if you want or need a less expensive lawyer or free legal advice, many paralegals offer their services through free legal assistance clinics in the community (one such example is the free legal aid and reduced cost lawyers in Chicago). If you just need some legal advice about your issues, you might consult a paralegal through these community clinics. Contact legal services like that of Gregory J Hermiller for more...

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What To Expect At Your Trial Attorney Consultation

Posted by on 4:10 pm in Uncategorized | Comments Off on What To Expect At Your Trial Attorney Consultation

If you have found yourself in a situation that requires a trial attorney, you may not know what to expect. You may know the basics of how this will work out and the courtroom proceedings. What you may not know is what to expect during the first consultation with your trial attorney. Here are a few things you should expect and a little information on how to prepare for this consultation. Paperwork The first thing you need to expect is paperwork. This stage will likely include you signing different contracts such as payment plans or legal documents related to hiring the attorney and your case. You may also be asked to provide certain paperwork. This may include copies of police reports, identification, and anything related to your case to prove your innocence or your side of the story. The best thing to do is to have all of the information you have on your case readily available for your attorney. This will save time and get straight to the point of what they may need beyond what you have. Going Over the Case This may seem like common knowledge, but telling your attorney your side of the story can be an issue for some people. This is the time you need to tell your attorney everything about your case. This means telling them things you may want to omit. For example, if you are dealing with a stalker you may want to omit how long you have known them or if anything was done on your part that would have lead the stalker on. You may also omit things you don’t think are important, but they can actually be very important to the case. For example, you may feel like a text message or phone call is meaningless, but it could mean a lot to the case because it shows a timeframe or an intent on the stalker’s part. Keep in mind even small details matter. Attorney Guidelines Every trial attorney, for that matter every attorney, has guidelines they want their clients to follow. This may be a particular method for missing an appointment, the people you should or should not talk to, and how to contact your attorney if you are contacted by the other party in the case. The key thing to remember during this stage of the consultation is to understand each guideline. Understand what they expect from you and, in turn, what will happen if you do not follow their guidelines. Remember, in some cases, if you don’t follow the guidelines you may have issues of missing court dates or having an issue scheduling future appointments with your attorney due to your time slot being given to clients who do follow the guidelines. These are just a few things to expect. Keep in mind, the first consultation is designed to get everything out in the open so you can find out where you stand with your case and how the trial may go. This is to give you options and help you decide which options may be best. For a trial attorney, contact a law firm such as Swartz & Swartz...

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Was The Driver Who Caused Your Auto Accident On Snapchat At The Time? You May Have A Bigger Case Than You Imagined

Posted by on 6:03 pm in Uncategorized | Comments Off on Was The Driver Who Caused Your Auto Accident On Snapchat At The Time? You May Have A Bigger Case Than You Imagined

Distracted driving claims roughly 8 lives and injures 1,161 people every day in the United States. Drivers get distracted by everything from a cup of coffee to their cell phones and GPS devices. Lately, however, lawyers are starting to ask if someone other than the errant driver should be held responsible for the distraction—especially if it’s a major company that seems to be encouraging both reckless behavior and distracted driving. If you’ve been in an accident due to a distracted driver who was using Snapchat, this is what you should know. How is Snapchat involved? Snapchat—the hugely popular social media site that lets people briefly share videos and photos with friends—has a filter that lets drivers record how fast they are traveling while speeding down the road. That particular app is also why at least one lawsuit is seeking to hold the company responsible for a devastating high-speed accident. Other lawsuits are likely to follow since the filter has factored into several devastating accidents.  From a plaintiff’s point of view, trying to lay partial responsibility for an accident on Snapchat makes perfect sense—any good attorney that advocates for accident victims is going to look to see who or what might have contributed to the accident in order to try to find the funds to help his or her client recover. If the people injured in the accident have a lot of medical bills or long-term injuries, the distracted driver’s insurance may not be enough to fully cover all the bills. Snapchat, on the other hand, does have significant financial resources. How can Snapchat be held responsible for a distracted driver’s actions? Snapchat put a product out there that encourages people both to speed and to look away from what they are doing at the same time, in order to post the picture of themselves speeding. In a product geared toward a young demographic, marketing an app like that seems to convey a careless attitude about other people’s safety. Essentially, attorneys are claiming that Snapchat’s speed filter is a defectively designed product—one that is inherently dangerous. While the app does carry a warning that’s supposed to deter users from using the app in a way that “could distract” them, the pending lawsuit notes that the company is clearly aware that the app has been involved in other accidents. There have even been unsuccessful social media campaigns on Change.org that have asked Snapchat to remove the speed filter. If this lawsuit is successful, Snapchat could be found to be partially responsible for any auto accidents that have occurred while the app is being used. If you were the victim of a recent auto accident and you suspect that Snapchat was a factor, talk to an attorney or law firm like Hardee and Hardee LLP today about your...

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Three Types Of Legal Claims You Can Make Against Your Ex And The Proof You Will Need To Back You Up

Posted by on 4:51 pm in Uncategorized | Comments Off on Three Types Of Legal Claims You Can Make Against Your Ex And The Proof You Will Need To Back You Up

Many people watch a lot of courtroom drama shows and courtroom “reality” shows, most of which are hardly reality at all. Usually what you see happening between divorcing couples on these shows is scripted, since there is very little in the way of accusations and compensation allowed in family court. If you are worried about your ex and what he or she might do or say in family court, or you are wondering what legal claims you can make against him or her and the proof you will need, the following information should help. Claims of Abuse Emotional and psychological abuse are extremely difficult to prove without extensive therapy records, which in most states might not be allowed because of patient/client privilege and the protection of personal medical records. However, physical abuse is well-documented by the police, as is sexual abuse if you ever claimed your spouse raped you or molested the children. These documents are not only acceptable to most family courts, they are required if you are attempting to prove that your ex abused you and/or the children and that is the reason you are seeking a divorce. In some instances, they may also be required if you are seeking alimony for which you are not entitled under state law because you were not married long enough. Claims of Infidelity Absolution of a marriage based on infidelity also requires some proof. One or both partners must acknowledge their unfaithful actions, but since this often results in the unfaithful partner paying alimony, it may require proof. This is why many divorcing couples may have a private investigator tail their spouses prior to the first divorce filing and court appearance so that photos and/or receipts showing the purchases of expensive gifts, hotel rooms, etc. can be uncovered/discovered. Jealous or angry and retaliatory ex-spouses may try to reverse this claim by having you followed by a private investigator, so it is important that you avoid any acts of impropriety or actions that could be misconstrued in court as infidelity. Claims of Pain and Suffering Pain and suffering in a divorce proceeding may only apply if your ex’s actions left you visibly scarred, penniless when you were wealthy, and/or dying of a disease (e.g., AIDS/HIV, hepatitis) that was transmitted during physical contact with your ex after he or she knowingly or unknowingly had unprotected sex with an infected person. (These are easy enough to prove with medical and police records or bank documentation.) The laws vary by state, and some of them may not recognize the conditions for pain and suffering and additional compensation in a divorce case, but it is worth looking into with your lawyer. There may be a loophole that will allow you to include P&S in your case. To learn more, contact a law firm like Novenstern Fabriani & Gaudio,...

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What Happens When A Bankruptcy Is Dismissed?

Posted by on 12:14 pm in Uncategorized | Comments Off on What Happens When A Bankruptcy Is Dismissed?

In most instances, filing for bankruptcy ends with either a discharge of your debts or a repayment plan that allows you to pay off your debts in a reasonable amount of time. However, in some cases, the bankruptcy can be dismissed by the judge. If your bankruptcy was dismissed, here is what you need to know.  What Are the Types of Dismissal? Bankruptcies are dismissed with or without prejudice. When dismissing your case, the judge will state which one he or she is using in your case. The type of dismissal you receive impacts how you should proceed.  A dismissal without prejudice means that you have the right to re-file your bankruptcy without a waiting period. This type of dismissal usually occurs when you fail to meet deadlines, file the right documentation, or fail to complete other requirements.  A dismissal with prejudice is a bit more complicated. In this instance, there are restrictions in place to if and when you can file for bankruptcy. You could even be banned from filing for bankruptcy forever.  A dismissal with prejudice usually occurs in cases involving fraud. For instance, if you failed to inform the court of all of your assets and it is discovered, your case could be dismissed. Depending on the circumstances, you could even face criminal charges for fraud. What Can You Do? How you handle a dismissal depends on whether or not your case was dismissed with or without prejudice. If your case was dismissed without prejudice, simply re-file your case. Ensure that you follow all of the instructions and guidelines.  However, if your case was dismissed with prejudice, you can decide to wait out the period outlined by the judge or you can file an appeal. If fraud charges are possible, filing an appeal could work in your favor.  If you are able to prove the reason for the dismissal was not valid, it could help you avert criminal charges. If you decide to wait to re-file, you are not protected by the automatic stay that kept creditors from taking any actions against you after you initially filed for bankruptcy. As a result, actions, such as a foreclosure, can go through. When you do re-file, follow the rules to avoid complications.  In the event that you are unsure whether re-filing is right for you or you are considering an appeal, work with an attorney like Donald T Tesch, PS to get help with navigating the bankruptcy...

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Ex-Convicts & Child Custody: How To Prove You’re Reformed And Able To Care For Your Child

Posted by on 1:09 pm in Uncategorized | Comments Off on Ex-Convicts & Child Custody: How To Prove You’re Reformed And Able To Care For Your Child

If you were previously convicted of a criminal offense and are now facing a child custody battle with your ex-partner, you’re likely wondering how your criminal record will affect your odds of receiving custody. When it comes to ex-convicts and child custody, it’s important that you can prove you’re reformed and are a healthy, stable parent for your child. Below are three ways in which you can prove that you’re more than your previous criminal convictions and receive the custody that will benefit you and your child. Get Into Contact With Your Probation Officer Whether you’re still under probation or not, getting into contact with your probation officer can give you the opportunity to prove that you’ve come a long way from where you once were.  A probation officer can offer themselves as a witness during the child custody trial. Your officer, whether former or present, can testify to your reformation and provide the courts with documentation that you successfully completed your probation program. Your probation officer’s testimony will be especially helpful if you were a model citizen during your time on probation and followed all of the court’s recommendations to the letter. Provide Proof of Gainful Employment A criminal record can make it difficult for you to obtain stable employment. If you’re gainfully employed, it’s important to provide the courts with a record of your employment and financial stability so as to show the judge that your previous conviction will not get in the way of you providing for your child. While financial stability is considered in all child custody cases, proof of steady employment can be doubly helpful for those with previous criminal offenses. The testimony of your boss and co-workers can also prove helpful in your case. If they can attest to your good character, it can only help you to better prove your reformation. Enlist the Help of a Family Law Attorney  If you’re facing a custody battle where your ex-partner is out to prove that your past conviction will affect how you can care for your child now, it’s best that you enlist the help of a family law attorney who will help you to fight for your parental rights.  It’s unfortunate that a past mistake can have such a huge impact on your and your child’s lives, but with the help of an attorney, you can minimize those impacts and get the custody you deserve. An experienced family law attorney can help you to provide the proof you need to the courts that you’re no longer a convict, but instead that you’re an upstanding citizen who deserves the chance to raise their own child. Your attorney will know exactly what forms of proof the family courts are looking for, such as clean drug screens if your crime was drug-related and character witnesses to attest to your changed nature. If you’re an ex-con who thinks that your criminal past will get in the way of your odds of getting custody, you can’t afford not to hire an attorney.  To learn more about how your past criminal conviction may affect your child custody case, consult with your family law attorney. Go to websites like http://www.scottandscottlaw.com for more...

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