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What should the driver do in an auto accident

Auto accidents can happen to anyone, even to the best drivers. For this reason, it is important that you know what to do if you are involved in an auto accident. If you are in an auto accident, you should try to do the following. First, you must stay at the scene of the accident. If you do leave the scene of the accident, you will likely be criminally charged with a hit-and-run. Next, you should ensure that you are physically okay and that others are physically okay. If someone is in need of medical attention, call an ambulance. It is also important to not move an unconscious individual; wait for the medical crew to tend to him or her. After checking on your wellbeing and others, you should call the police. Upon the police officer(s) reaching the scene, a police report will be drafted. When you file a claim for compensation, this police report may prove to be powerful evidence. You will then want to exchange information with the other driver, or with the other drivers if more than two vehicles were involved in the accident. The information that you will want to exchange includes driver’s license numbers, phone numbers, addresses, license plate numbers, and basic insurance information. If more than two vehicles were involved, exchange this information with all of the drivers involved. If there were any passengers in involved, you will want to get their names, phone numbers, and addresses, as well. Please note that when talking to those involved, you should not admit your guilt. Try not to apologize for anything at the scene. From here, it is also important that you gather names, contact information, and written statements from eyewitnesses. Just like the police report, these witnesses may prove to be powerful evidence in your case. You will want to take pictures of the accident scene and of the damages caused. Also take note of the weather and road conditions. Next, of course, you will need to let your insurance company know about the accident. Tell your company how the accident happened and describe your injuries to the best of your ability. Be careful when talking to your insurance carrier. Tell them the truth. If you are caught lying, this may destroy your chances of receiving coverage.

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Yates Hirschi lawyer 2020-05-19 20:09:02
Types of Foreclosure

The mortgage holder can usually initiate foreclosure anytime after a default on the mortgage. Within the United States, there exist several types of foreclosure. Two are widely used, with the rest being possibilities only in a few states. The most important type of foreclosure is foreclosure by judicial sale. This is available in every state and is the required method in many. It involves the sale of the mortgaged property done under the supervision of a court, with the proceeds going first to satisfy the mortgage, and then to satisfy other lien holders, and finally to the mortgagor. Because it is a legal action, all the proper parties must be notified of the foreclosure, and there will be both pleadings and some sort of judicial decision, usually after a short trial. The second type of foreclosure, foreclosure by power of sale, involves the sale of the property by the mortgage holder not through the supervision of a court. Where it is available, foreclosure by power of sale is generally a more expedient way of foreclosing on a property than foreclosure by judicial sale. The majority of states allow this method of foreclosure. Again, proceeds from the sale go first to the mortgage holder, then to other lien holders, and finally to the mortgagor. Other types of foreclosure are only available in limited places and are therefore considered minor methods of foreclosure. Strict foreclosure is one example. Under strict foreclosure, when a mortgagor defaults, a court orders the mortgagor to pay the mortgage within a certain period of time. If the mortgagor fails, the mortgage holder automatically gains title, with no obligation to sell the property. Strict foreclosure was the original method of foreclosure, but today it is only available in New Hampshire and Vermont.

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Gella Klausner lawyer 2020-05-18 19:17:41
How to establish a Financial Guardianship for a Child?

Step 1 Obtain from the clerk of court a standard form petition used to establish a financial guardianship or conservatorship. Step 2 Prepare the petition, completing all of the blank sections that require information. Step 3 Include in the petition the name of the child, the name or names of her legal caretakers (typically her parent or parents or another family member). Step 4 Explain in the petition the reason a financial guardianship or conservatorship is necessary. Step 5 Designate the name of the individual recommended to serve as the financial guardian or conservator for the minor child. Step 6 Sign the petition in front of a notary public. Petitions in probate court--where guardianships and conservatorship are established--need to be verified. Verification is signing a document under oath in front of a notary public. Step 7 File the petition with the clerk of the court. Step 8 Request that the clerk direct the sheriff to serve the petition, together with a summons, on any legally interested party. Legally interested parties include the parents or anyone else with legal custody of the child and the child herself. The summons is a form generated by the court that advises these interested parties what they need to do if they want to participate in the case. Step 9 Schedule a hearing date on your petition either with the clerk of the court or the administrative assistant of the judge assigned the case. Confirm that the clerk (or judge's administrative assistance) will notify the interested parties of the hearing or if that responsibility rests with you. Step 10 Attend the hearing and present evidence and witnesses to support the contention that the minor child needs a financial guardian or conservator to manage her financial affairs.

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Ulysses lawyer 2020-05-17 16:09:25
The medical conditions that qualify for SSDI or SSI

The Social Security Administration (SSA) maintains a "Listing of Medical Impairments" (known as the blue book) that automatically qualify you for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), provided certain conditions are met. If your medical condition, or its equivalent, is on SSA's Listing of Impairments, then you're generally considered disabled and therefore eligible to receive SSA disability benefits. If your medical condition is not on the list, you may still be eligible under other SSA guidelines. The SSA's Listing of Impairments is generally broken down by bodily system or function. There are separate lists for adults and children under the age of 18. For adults, the medical conditions that qualify for SSDI or SSI include: 1.Musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones 2.Senses and speech issues, such as vision and hearing loss 3.Respiratory illnesses, such as asthma and cystic fibrosis 4.Cardiovascular conditions, such as chronic heart failure or coronary artery disease 5.Digestive tract problems, such as liver disease and inflammatory bowel disease (IBD) 6.Neurological disorders, such as multiple sclerosis, cerebral palsy, Parkinson's disease, and epilepsy 7.Blood disorders, such as sickle cell disease or hemophilia 8.Mental disorders, such as depression, anxiety, schizophrenia, autism, or intellectual disability 9.Immune system disorders, such as HIV/AIDS, lupus, rheumatoid arthritis, and kidney disease

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Kongove Mathis lawyer 2020-05-15 11:57:19
How to solve the custody dispute of children?

Because child custody disputes can be contentious and stressful, family courts encourage parents to settle their disputes on their own. This not only shields the child from the stress of a custody fight, but it also allows the parents the autonomy to work out a custody plan that works with both parents' schedules and the child's needs. When one parent refuses to sign a proposed parenting plan or settle a custody dispute, however, you will need to use the court system to resolve your custody issues. If the other parent won't sign a custody agreement, you must petition the court to settle the matter. In many states, it is the family or superior court that handles custody proceedings. File your petition for child custody or visitation in the county where your child lives. In many states, you can access the forms you need on the court's website. The clerk may also be able to provide you with a copy of the form. Most states require that you include a parenting plan, which itemizes your proposed custody and visitation schedule, with your petition for custody. After the filing of your petition, if you and your ex are still unable to agree on custody, the court will schedule a trial. The court may order you to attend mediation or counseling before the trial. Judges in all 50 states issue custody orders according to the child's best interests. Judges consider a variety of factors such as each parent's parenting competence and the relationship each parent has with the child. You must demonstrate why the custody plan you have proposed is in your child's best interest. For example, if you are petitioning for sole physical custody, you must present evidence that the child will benefit more from living with you or that the other parent is not equipped to be the child's primary caretaker.

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Jonathan Sherman lawyer 2020-05-14 20:00:53
Steps to Petition the Court for Custody

Prepare a petition for custody. The first phase in the petitioning process is to prepare a formal document asking the court for custody. You must format this document according to your state's requirements, so you may find it useful to begin with a template issued by the clerk of the court. You can also purchase a custom custody petition from a document preparation service. Provide information about the child and each parent. The custody petition should list the child's full name, date of birth and current address. Additionally, the document should list each parent's full name and address, as well as your name, address and relationship to the child. State your desired custody outcome. The petition for custody should request a specific custody arrangement, such as sole custody or joint custody. If you are requesting sole custody, explain why the other parent should not have custody and present evidence explaining why the other parent is unfit. File the petition for custody in the appropriate jurisdiction. Under the Uniform Custody Jurisdiction Enforcement Act, you will generally need to file the petition for custody with the clerk of the court in the child's county or city of residence, even if that is not where you live. In most instances, you will need to pay a filing fee to the court when you file the custody petition. Serve the custody petition on the child's current custodian. After filing the petition with the court, you will need to provide the child's parents or current custodian with a copy of the petition. Each state has difference requirements on how to serve a petition, but generally, you can use a private process server, sheriff or registered mail to effect service. Provide the court with proof of service. After you have served the child's custodians or parents with a copy of the custody petition, file with the court a copy of the process server's affidavit or the mail receipt that the custodians or parents signed. Wait for your court date. Compile evidence that supports your custody request and present your evidence to the court. At the hearing, the judge may want to see evidence supporting your request for custody.

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Jonathan Sherman lawyer 2020-05-13 19:50:17
What are notary publics and what do they do?

A notary public is a state-appointed official who has been authorized to notarize documents. When required, a notary must be present to verify the identity of the parties involved in a contract by checking identification and ensuring that the signers understand the document and its contents. Notaries are appointed by state government. Notaries are expected to be impartial, professional, and to exercise good judgment. As representatives of the state, they must be responsible and not let any self-interest interfere with their responsibilities. A notary public: ·Oversees the parties signing the document ·Authenticates the document ·Verbally confirms that each party understands the agreement ·Provides a seal or stamp of approval on the document to show that it has been notarized Notary publics also perform a variety of other tasks besides authorizing documents, such as administering oaths and affirmations in order to verify that a document is true, witnessing signatures, certifying copies of documents, and more. A notary can refuse services if they suspect fraud or if they are unsure of a signer’s identity. They can also refuse to notarize a document if there is reason to believe that one party has been coerced or if either party does not understand the agreement.

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Felix Mitzner lawyer 2020-05-12 16:44:06
How to Prove a Premises Liability Case In New York

The first step in a premises liability case is establishing that a dangerous condition existed at the time of the accident. There is no definitive list of dangerous conditions and the test for determining a dangerous condition is a subjective one. Two reasonable people may look at the same condition and have a different opinion as to whether it’s dangerous or not. However, there are several common types of conditions that are usually found to be dangerous, such as: ·spilled liquid ·black ice ·broken The best way to establish a dangerous condition is with photographic evidence of the dangerous condition, especially if it is a transient condition such as spilled liquid or ice. This way the condition is preserved to be examined at a later date. Once a dangerous condition is established, the next element to proving a premises liability case is to establish that the property owner had prior knowledge of the dangerous condition. This can be done in two ways, by either actual or constructive notice. Actual notice means that the property owner actually knew about the dangerous condition before to the accident. This is often difficult to prove since it is hard to demonstrate what a person actually knows. Usually the only way to establish actual notice is through an admission of the property owner. Constructive notice is somewhat easier to establish. Constructive notice means that the property owner should have known about the dangerous condition. This can be established by showing that a reasonable prudent property owner would have known about the dangerous condition. For example, a property owner should know that ice will be present if the temperature drops after a rainstorm. One important issue that often arises in proving constructive notice is whether the property owner was an absentee landlord or was present on the premises daily or at least on some occasions. A landlord that never or very seldom visits a property may have a strong defense against a constructive notice claim. If it can be established that a property owner had knowledge of a dangerous condition prior to the accident but failed to remedy it, they will be considered negligent. A negligent landlord will often raise a defense of comparative negligence which means that the plaintiff is either partially at fault or majority at fault for the accident by showing the dangerous condition was open and obvious. This means that had the plaintiff been paying attention they would have seen the dangerous condition and been able to avoid the accident.

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John Uebler lawyer 2020-05-11 11:52:06
What is a probate dispute?

One reason for a probate dispute is that the process of probate typically consumes money from the estate property that would otherwise be split amongst the heirs, but a chunk of that goes to lawyers usually. Some people may find it smarter and more cost-effective to go through the probate process without lawyers to save money, yet the confusion and splitting of assets unfairly can cause distress and upset feelings with the people involved. The process of probate can cause stress and tension in families because it can drain the money left to the beneficiaries depending on how much debt is to be paid. Due to the complexity of the probate process, most people prefer to contact a professional and educated probate and probate disputes lawyer to discuss options and rights when it comes to properly perusing or avoiding this process. There are a few situations where an attorney could pacify a tough situation. First, if an estate contains a business it is extremely helpful to contact a lawyer because businesses are more difficult to divide than an estate. Businesses include an evaluation or sale of the loved one’s business as well as the management of common assets. Second, if the deceased person is in debt, it is important to get educated advice from a lawyer who knows which approach is the most effective. Lastly, a probate lawyer can be most helpful when there is any tension regarding the will in the family. A lawyer is an educated outside perspective that can facilitate effective discussion and provide courses of action for the executor or beneficiaries. If a family member is dissatisfied with how the executor is managing the estate, they can contest the will, which will cost more money and time.

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Yates Hirschi lawyer 2020-05-09 12:00:03
When are verbal agreements not binding?

If an oral contract misses one or more elements of a valid contract, a court or tribunal will likely rule the agreement to be void and unenforceable. Many states have regulations for certain contracts to be in writing which deems that verbal agreements are insufficient. These rules can differ from state to state but generally, a written contract is necessary: ·For the sale or transfer of an interest in land or real estate ·When the terms of the contract outlast the lifetime of one of the parties (e.g. copyright) ·When selling goods valued greater than $500 ·In marriage or divorce agreements that promise an exchange of consideration ·If the terms of the contract will take longer than one year to carry out ·If the contract involves someone’s promise to pay someone else’s debt Be sure to check your state’s laws or Statute of Frauds if you’re unsure whether or not you’ll need a written agreement.

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Ulysses lawyer 2020-05-08 10:07:58

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