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Selling Your Home? 4 Situations Where You Definitely Need A Real Estate Attorney

Posted by on 11:23 am in Uncategorized | Comments Off on Selling Your Home? 4 Situations Where You Definitely Need A Real Estate Attorney

While you always want an attorney to look over each and every real estate contract you enter into, you usually don’t need one to negotiate for you unless you live in a state that requires you to do so. You can rely on your agent to negotiate the contract. With that said, there are special circumstances that your real estate agent will not be able to handle. What’s more, your agent has a vested interest in you buying the property — they want to get their commission check. You can’t rely on them to give you unbiased legal advice or any legal advice at all. If you’re selling your home and any of the following are true, you will definitely need to hire a real estate attorney. Distressed Property If you have concerns about the condition of the property or if you feel it is distressed, you should hire an attorney. While it’s legal to sell a distressed property, certain things need to be disclosed or you can get sued after the sale. For example, the presence of asbestos or mold may hold legal implications for you if the buyer is not aware of it. Each state has different disclosure regulations, so it’s a good idea to have an attorney make sure that you have everything covered in your contract.  Inherited Property If you are trying to sell a property that you inherited, you need a lawyer to tell you if you’re legally able to sell the property. There may be provisions in your inheritance that forbids you to do so. For example, if you decide not to live on the premises, the inheritance may pass to one of your siblings as specified by your deceased parent. There may be a clause that requires you to pass the property down to your children and so forth.  Unhappy Partner If there is a co-owner to the property and they’re not thrilled about selling, hire an attorney. Things get very tricky in these types of situations, and you want to make sure that you’re not setting yourself up for a lawsuit.  Unpaid Liens Unpaid liens, taxes, and judgments may be attached to your property. If you sell the home, they buyer may have to settle them. If you have any of these things, you should hire a lawyer to make sure the debts do not become your buyer’s problem.  Most of the time, selling real estate is a pretty straightforward process that your agent can handle. However, if you have special circumstances, you always want to have a lawyer on your side to make sure you’re...

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What Your Insurance Company Is Going To Want To Know Following A Car Accident

Posted by on 12:01 pm in Uncategorized | Comments Off on What Your Insurance Company Is Going To Want To Know Following A Car Accident

After you have been involved in an auto accident, you are going to need to contact your car insurance company immediately and let them know what happened. When you contact your insurance company, there is specific information that they are going to want to know. Here is a quick overview of what information you need to be prepared to tell them about. #1 The Location Of Your Vehicle The first thing that they may want to know about is the location of your vehicle. They need to know if your vehicle is still at the crash site, sitting in your driveway, or if it was towed away somewhere. This will allow your insurance company to know what steps they need to take next in regards to your vehicle. For example, if your vehicle is located at the crash site, your insurance company may need to send out a tow truck and get it towed to one of their preferred body shops or a safe neutral site while you decide what you want to do with your vehicle. Or if your vehicle was towed by a city-owned tow vehicle and is currently being stored somewhere where you would be incurring daily storage fees, your insurance company could help you tow it to an auto body shop for repair. #2 The Damage To Your Vehicle Second, your insurance company is going to want to know how damaged your vehicle is. They are not expecting you do give a full, detailed analysis. They are just looking to get a general idea of the damage that you saw when you looked at your vehicle. They are going to want to know if you were able to drive your vehicle away from the accident site or if you were not able to drive your vehicle away from the accident. For example, if you were not able to drive your vehicle or if you didn’t feel safe driving your vehicle, your insurance company can help you get a rental vehicle. If you have rental vehicle coverage on your vehicle, your insurance company will pay for the rental. Even if you don’t have rental vehicle coverage on your policy, your insurance company can help you obtain a rental vehicle at a discounted price. #3 Personal Injuries Third, your insurance company is going to want to know if anyone was injured. This is where you are going to want to be careful. Do not tell your insurance company that you are fine if you are still seeking medical treatment. You don’t want to reduce the chance that your insurance company will cover your injuries and medical treatment. Instead, let your insurance company know that you are continuing to seek medical care at this time. You don’t have to provide a lot of details during your first phone conversation post-accident. Finally, you can always ask your attorney to sit in on any phone call that you have with your insurance company to act as a witness to the conversation and to ensure that your interests are protected throughout the conversation. Contact a firm like Law Offices of Burton J. Hass to ensure you are not being taken advantage of, by your insurance company or someone else’s, and so you can seek proper compensation following an accident if...

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4 Frustrating Mistakes That Can Cost You Custody Of Your Children

Posted by on 10:43 am in Uncategorized | Comments Off on 4 Frustrating Mistakes That Can Cost You Custody Of Your Children

When you are going through a divorce, the idea of sharing custody with your spouse may make you angry, heartbroken, or a combination of those and other unpleasant emotions. The fight for custody of your kids isn’t going to be easy, either, but you can make things easier on yourself by avoiding these all-too-common mistakes that could cost you big time in the fight for custody of your kids. Mistake #1: Losing It on Your Ex or Your Kids Judges want to see that children are going to be living in safe, healthy environments where their security is never threatened. You must never lose control or lose it on your ex or your kids throughout the entire separation and divorce proceedings. Parents who frequently lose control of their temper will be at a huge disadvantage in the courtroom. If you can’t keep your cool, get into therapy right away. Find a way to control your temper and walk away any time you are tempted to fight with your ex. If you have lost it in front of your children, your ex, or anyone who may be called to testify about you, you have made a huge mistake in the fight for custody. Mistake #2: Not Spending Enough Day-to-Day Time with Your Children The primary daily childcare responsibilities tend to fall on one parent within a household. While both probably pitch in, the greatest day-to-day responsibilities are left to the primary caregiver. This parent does things like feeding and bathing your children in addition to making sure your children brushes their teeth and do their homework, If you are not acting as the primary caregiver, that could go against you in the fight for custody of your children. You need to be able to honestly show the judge that you are very involved in your kids’ lives. Mistake #3: Dating Right Away in Front of the Kids You should refrain from dating until after your divorce is finalized if you have children. If you do feel that you must date, you should not introduce any dates to your children during this time, and you should not openly date in front of them. A judge may want to know about your lifestyle and may ask personal questions to understand your character. Play it safe. Mistake #4: Ignoring the Specific Advice of Your Child Custody Lawyer Your child custody attorney is acting with your best interests in mind, and your lawyer can be your biggest ally in your journey for custody. Follow their advice. If your child custody lawyer says something that you don’t want to follow, talk about it. Find out why they want you to do certain things and why they may want you to refrain from certain things. You will likely find that there are good reasons and the advice is given to protect you. Finally, keep in mind that you should play it safe throughout the entire child custody fight. Be on your best behavior. Show up for your children every chance you can and let them know that you are acting in the ways that will protect them now and in the future. When you do the right things and keep open communication with your ex, you are setting your family up for its best chance of...

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Injured In A Haunted House Or Other Halloween Attraction? Learn How To Tell If You Might Have A Case

Posted by on 2:36 pm in Uncategorized | Comments Off on Injured In A Haunted House Or Other Halloween Attraction? Learn How To Tell If You Might Have A Case

Halloween is here again, bringing pumpkins, mini-sized candy bars, monster-movie fests, and—naturally—haunted houses. That last ingredient to all the Halloween fun is also the cause of some Halloween lawsuits every year when patrons get something more than they expected. If you’re thinking about suing a haunted house or another haunted exhibit, like a barn, abandoned prison, or hayride, this is what you should know in advance. How much risk of injury did you voluntarily assume? One of the problems with filing a lawsuit against a haunted house or other scary Halloween attraction is that you are essentially alleging that the proprietors did their job exactly like they were supposed to do—you paid them to scare you and they did it. The odds are also very good that any haunted or scary attraction has warning signs all over the place telling people that they intend to scare them. There may even be additional warnings on you ticket stubs. Some horror-themed attractions even offer safe-words that will allow people to cut their experience short if it turns out to be more than they can handle. If the defendant is able to show that you were given adequate warnings and you still voluntarily assumed the risk that you’d end up feeling traumatized, that’s a valid defense to a lawsuit. Since many haunted horrors that pop up for the season actually boast of their traumatic nature, that’s a difficult defense to overcome. Did something happen that took the experience further than the warnings indicated? However, if something happened that goes well beyond what you were led to expect, you may still have a lawsuit despite any warnings or disclaimers. For example, a woman and several minor children were essentially assaulted outside the ticket window of an Illinois haunted house by clowns wielding sex toys, simulating sexual acts, and yelling sexually-based comments at them. They never even made it inside the haunted house. Something like that could result in a viable lawsuit because the employer of those clowns is responsible for the actions they take while supposedly trying to drum up business for the attraction. Did your injury have more to do with a safety issue than a scare? This is often what causes lawsuits against Halloween haunted houses and other attractions to ultimately succeed or fail. The proprietor of a place has a responsibility under premise liability laws to make sure that the establishment is reasonably safe for patrons. For example, a Michigan woman just settled a lawsuit against the Erebus Haunted Attraction for $125,000. She alleged that a moving wall in a poorly lit area knocked her down and she suffered a leg fracture, a back injury, and some additional problems as a result.  If you get injured in a Halloween haunted house or other horror attraction, don’t assume that you don’t have a valid case simply because you were warned that you might be scared. If there were other issues involved, like an employee who crossed the line or a failure to keep the attraction safe for the number of visitors it receives, you may still have a valid case. Talk to an accident attorney in your area for more...

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Need an Estimate from an Attorney for His or Her Services? Cost Can Be Difficult to Determine

Posted by on 11:00 am in Uncategorized | Comments Off on Need an Estimate from an Attorney for His or Her Services? Cost Can Be Difficult to Determine

Most people know that personal injury attorneys usually work on a contingency fee basis, but what about attorneys who handle other types of cases? Understanding how legal fees work can help you estimate your costs and make sure that you stay within your budget. This is what you should know. 1.) Some cases are easier than others to give an estimate for. If your prospective attorney doesn’t seem like he or she can give you an estimate, it isn’t because he or she is being shifty or trying to cheat you. Some cases are fairly easy to give an estimate on because they’re pretty routine and one case looks a lot like the next.  For example, an attorney who handles mayor’s court where speeding tickets and other traffic violations are heard may be able to offer you a flat fee. An attorney who handles a lot of “drunk and disorderly” charges, particularly in a town known for that sort of activity, like Las Vegas or Fort Lauderdale, can also probably tell you upfront what he or she will charge. However, many cases aren’t so simple, and an attorney doesn’t have any clear way of assessing how long the case is going to take, so he or she may not be able to give you a fee on the spot. 2.) A flat fee may not be to your advantage. Unlike other professions, attorneys can’t always predict how long a case is going to take to settle. A case that looks simple could turn out to be very complex and take up hours and hours of the attorney’s time. On the other hand, what looks complex could turn out to be much easier than anticipated and get resolved at the very first meeting. In that situation, a flat fee is to your disadvantage because the attorney will have charged you based on the time he or she anticipated spending on your case, instead of the time he or she actually spent. For example, your divorce attorney could charge you a flat fee of $10,000 based on what he or she expects to happen. If your spouse turns around and simply signs the paperwork and walks away without a fight, you’ll have spent unnecessary money on the legal fees. 3.) Your location and your attorney’s experience are part of the cost. Location and experience are two “soft” factors that influence how much your attorney is going to charge. An attorney in a big city, for example, is likely to charge more than an attorney in a small town. Smaller law firms generally are less expensive than larger firms because they have less overhead. A lawyer with 10 years worth of experience as a prosecutor who is now working criminal defense is going to cost more per hour than an attorney who barely has his or her foot out of law school.  4.) Attorneys try to make it as fair as possible to everyone. There are several different ways attorneys try to make their fees easier for clients to afford and fairer to everyone involved—including the attorney. Just like you don’t want to pay unnecessary money for services that aren’t ever used, the attorney doesn’t want to spend hours on a case for free. These are some common fee agreements: Billable hours: You...

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5 Signs That Your Loved One In A Nursing Home May Be Being Abused

Posted by on 10:16 am in Uncategorized | Comments Off on 5 Signs That Your Loved One In A Nursing Home May Be Being Abused

If you have elderly loved ones, you’re undoubtedly doing everything in your power to ensure that they’re as happy, healthy, and safe as possible. You’ve probably heard all kinds of horror stories about senior citizens being abused and taken advantage of by in-home caregivers, but did you know that this sometimes occurs in nursing homes as well? If one of your loved ones is living in a nursing home, you should keep your eyes peeled for telltale signs that they may be a victim of abuse. Following are five signs that your loved one may be experiencing abuse in a nursing home.  Something Isn’t Quite Right Even though many people are reluctant to trust their instincts, you should always listen to them when dealing with people you know and love. If your intuition tells you that something is off, it’s very likely that it is. At the very least, a nagging feeling that something isn’t right in the nursing home environment should warrant some investigation on your part.  Denied or Delayed Visits  Being turned away when going to visit your loved one in a nursing home or being told you’ll have to wait for longer than a minute or two are other possible signs of abuse. This may indicate that something is going on that nursing home employees don’t want you to see.  Hair or Weight Loss Although illness may account for hair or weight loss in the elderly, these conditions can also signal that your loved one is under significant stress. Weight loss may also indicate that the person is not being fed a proper diet or even denied food, which is a form of abuse. Substandard Hygiene  Dirty clothing, uncombed hair, body odor, and dirt and grime on the skin should be taken as warning signs that your loved one is being neglected, if not outright abused. Also, be sure to periodically inspect the sleeping, living, and dining quarters in the nursing home to ensure their cleanliness standards are up to par.  Physical Signs  Bruises and wounds should be taken as serious signs that something is very wrong in the nursing home environment. Keep in mind that your senior loved one may not be forthcoming with information if he or she has experienced abuse in the nursing home — the perpetrator might have threatened them into keeping silent.  For more information on how you can keep your loved one safe from abuse in a nursing home, please feel free to contact a nursing home abuse attorney at your earliest convenience.   ...

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What Parents Should Know About Trampolines And Bounce House Injuries

Posted by on 9:30 am in Uncategorized | Comments Off on What Parents Should Know About Trampolines And Bounce House Injuries

With trampolines and bounce houses come an increased risk of injury. As a parent, it is important for you to understand how these toys can be dangerous for your children. Most Injured Are Under 15 The emergency rooms around the United States will see around 100,000 patients suffering bounce house and trampoline injuries, and the majority of those are children under 15. They have become so common that many pediatricians recommend not having trampolines anywhere for fun, and only in supervised gyms for training. Between 1995 and 2001 alone, the number of injuries rose by 1,500 percent. Most children are between the ages of six and 12. Breaks, Bumps, and Bruises Some injuries that occur are minor. They will just be bruises as children rough-house with each other. Bumps also occur as children fall off trampolines and bounce houses. Depending on how low down the trampolines are and the force that children hit the ground, many will just get right back up again. Not all injuries are minor. Breaks can happen. A child does not necessarily have to fall off the trampoline or bounce house to get injured. Sometimes material will get bunched up and legs are caught. As the rest of the body goes with the momentum, parts are snapped at wrong angles and break. Parents Leave Children Alone One of the reasons for accidents is due to children being left alone. Parents aren’t there to watch out for signs of an accident and prevent them. In one case, a child was caught under the matting and a father couldn’t even hear his screams. Fortunately, the father was checking on the child regularly. Otherwise, the situation could have been much worse. Children like to try out flips and tricks. They won’t necessarily know the dangers of them going wrong. Even professionals get injured when doing flips and tricks on trampolines. Insurance May Not Cover Accidents Due to the placing of these trampolines and bounce houses, not all insurance companies will cover accidents. It can mean claiming through over people’s coverage, as those organizing an event may be in the wrong. It is important to find out if your insurance company will cover any potential injuries, whether the bounce houses are in your home or at a third-party event. Looking after your children is more than just keeping an eye on them. You need to know the risks of certain toys and what to do if there is a problem. For more information, contact a personal injury...

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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, 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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