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What permanent damage did the dentist cause with his/her malpractice?

This question is the most important for winning a malpractice case. If there is no way to prove life altering damage caused by the negligence, then there is no reason to even consider suing. In fact, unlike some medical malpractice suits, dentists are less likely to settle the lawsuit due to how difficult it is to prove life altering damage in terms of dental malpractice. On top of that, the stakes are higher for dentists than medical doctors. Medical doctors can recover from a malpractice lawsuit due to the ‘life or death’ nature of their work. Dentists, on the other hand, work in a field where most procedures are not life threatening, and the patients have plenty of time to do research and choose their dentist. Therefore, settling a single malpractice suit is going to impact a dentist much more than a doctor in the long run. Sometimes, patients will sue a medical doctor for malpractice to make a quick buck on a settlement deal. However, trying to get a quick settlement of your dentist is far less likely. Dentists will inevitably be more likely to see out the entire litigation process for their suite because if there is even a slim chance that they win, it will be far more beneficial for them and their business in the long run.

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Ulysses lawyer 2020-03-17 20:39:26
What to Do During Traffic Stops

What to Do During Traffic Stops Follow these simple steps during traffic stops to give yourself a fighting chance to contest a ticket. When You First See the Police Car Pull over quickly and safely, letting the police officer know you understand and are complying. Use your signals and pull as far to the right shoulder as you can. Your goal is to make it clear that you understand he or she is in control. By pulling over quickly, you can also be close to the scene where the officer claims you committed a violation. This allows you to review the scene to evaluate the truthfulness of the officer's allegation and look for potential defenses such as obstructed views. Right After You Are Stopped Always be polite during traffic stops, even if the officer is aggressive. You have little to lose by being polite and a lot to lose by being belligerent. Roll down your window, turn off the engine and place your hands on the steering wheel. If it is night time, turn on your interior light. Do not reach for documentation: officers are trained to spot driver's reaching for hidden items, or stashing items, and it is likely an officer may misinterpret your actions. You might be reaching for your registration, but for all the officer knows, you're reaching for a gun. If you have any suspicion that the officer is not really a police officer (you were pulled over by an unmarked car), ask politely to see the officer's photo identification and badge. If you still are unsure, you can ask that officer to call a supervisor to the scene or you can request that you be allowed to follow the officer to a police station.

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Ulysses lawyer 2020-03-13 19:40:56
Knowledge of traffic tickets

Traffic Tickets: Strict Liability Offenses The majority of traffic tickets are issued for "strict-liability" offenses. This means that no particular criminal intent is required to convict a person of the offense. The only proof needed is that the person did the prohibited act. Strict-liability traffic offenses typically include such offenses as: Speeding Failure to use turn signals Failure to yield Turning into the wrong lane Driving a car with burned-out headlights Parking in a handicap spot without the required sticker, and Overdue parking meters. Moving Violations vs. Non-Moving Violations A moving violation occurs whenever a traffic law is violated by a vehicle in motion. Some examples of moving violations are speeding, running a stop sign or red light, and driving under the influence of drugs or alcohol. A non-moving violation, by contrast, is usually related to parking or faulty equipment. Examples include parking in front of a fire hydrant, parking too close to the curb, parking in a no-parking zone, parking in front of an expired meter, and excessive muffler noise. Processing Traffic Tickets Many jurisdictions provide for administrative processing of most traffic tickets as minor offenses or "infractions," thereby removing them from criminal court altogether. In those cases, an offender is not subject to incarceration or large fines and is not entitled to a lawyer or a jury trial. Even though most traffic tickets are handled in an expeditious manner in the court system, a "conviction" for a traffic infraction can have a negative effect on a person's driving privileges, and insurance rates. Certain traffic violations are considered more serious than infractions and can rise to the level of a misdemeanor crime (or felony), especially if the offense involves injury to a person or destruction of property (such as a DUI or leaving the scene of an accident). People accused of these more serious traffic violations are entitled to all constitutional protections provided to criminal defendants, including the right to a court-appointed attorney and a jury trial.

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Silvln Crowley lawyer 2020-03-12 13:42:18
Types of Driver Licensing Violations

Driving without a license is illegal in every state, but most states differentiate between operating a vehicle without a valid driver's license and driving a vehicle without proof of a driver's license (such as when a driver fails to physically carry their valid driver's license). While you won't be arrested for simply failing to grab your wallet before getting behind the wheel, it's a much more serious offense to drive with the knowledge that your license is suspended or otherwise invalid. Penalties for driving without a license or failing to produce a license when stopped by a police offer range from "fix-it tickets" to vehicle impoundment or even jail time (for driving on a revoked license, for example). A motorist may violate a driver's license requirement in a number of ways. Perhaps it was an honest mistake (i.e. Tony left his driver's license at home) or maybe there was an attempt to circumvent a known driving restriction (i.e. Tony willingly drove despite knowing that his license was suspended for DUI.) Here are the most common types of violations related to driver's licenses: Failing to apply for a state-issued drivers license within the time allowed. Driving with an expired license. Driving with a license that has been temporarily suspended. Driving with a license that has been permanently revoked. Failing to show proof of a valid license when driving or operating a vehicle.

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Gella Klausner lawyer 2020-03-11 10:02:42
What Types of Defects are Covered by the Lemon Law?

The lemon law can be applied to any defect that impairs the overall use, value or safety of a new vehicle. Safety defects are a much greater concern for motorists, and they are specifically addressed in the law. If the manufacturer cannot repair a safety defect (brakes, steering wheel, etc.) after a couple of repair attempts, then the buyer should be compensated for the lemon. However, it is not only safety-related defects that are addressed in California’s lemon law. Any major defect that decreases the overall value or use of a vehicle must also be repaired by a manufacturer, though the manufacturer is allowed more attempts than they are given after a safety defect. First, you should inform the manufacturer and request a repair as soon as you notice the defect. Keep copies of all correspondence with the manufacturer, bills that you receive due to those repairs, and any other bills or records that you encounter from a defect. Having an attorney can also make a big difference in the amount of payment offered by a manufacturer. While consumers can go it alone, some manufacturers have systems set in place to minimize the compensation they offer customers. An attorney experienced with lemon laws will know the tactics manufacturers use and will make sure that their clients get treated fairly. The lemon law affords consumers the opportunity for recourse after buying a lemon, but that doesn’t mean the process is effortless. Buyers often find that a manufacturer will balk at the request for compensation or that they will offer much less than the consumer is owed. That’s why it is so important for consumers to keep records of all transactions, bills and correspondence that arise after a defect is discovered. Additionally, manufacturers can account for “use reduction” when determining the amount owed to the buyer. “Use reduction” is calculated by determining how much a vehicle was driven before a defect impairs the use of a vehicle.

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John Uebler lawyer 2020-03-11 09:43:03
How to Apply for Visitation Rights

Visitation refers to the right of a noncustodial parent to spend time with her child. The exact procedures for applying for visitation vary between states, but typically a parent will need to ask the court to grant visitation rights. If parents can reach an agreement regarding visitation on their own, in most cases, the court will have only minimal involvement in the case. In contested visitation matters, the court may hold a trial to determine how visitation rights would affect the child. Try to reach a mutually agreeable visitation arrangement. Before involving the court, if possible, work with the child’s custodian or other parent to establish a visitation schedule. Outline the terms of your agreement in a petition for visitation rights. If you have reached an agreement with the child’s other parent, list the details of your agreement in a petition. If you were not able to reach an agreement, state this in your petition. Each state has its own requirements for formatting petitions for visitation rights. You can locate a template through your court clerk or an online legal document provider. File the petition with the clerk of the court. If you have an existing custody agreement, in most instances, you will need to file your petition for visitation rights under the same docket or case number as the original custody or divorce case. Serve the petition on the other parent. Although each state has different requirements for serving a petition, in many locations, you can serve legal documents using certified mail, a process server or a law enforcement officer. Attend mediation. In some cases, the judge might request that parents attend mediation sessions facilitated by a neutral third-party professional so the judge will not need to adjudicate the case. If the parties cannot agree to a visitation arrangement during mediation, the judge will make a decision based on the evidence presented during the hearing. Attend hearing on the case. At the hearing, the judge will review the petition and determine whether it is in the child’s best interest to have visitation with you. At the hearing, both you and the other parent will generally be allowed to present evidence supporting your cases. For example, you might present medical records, letters of reference or psychological evaluations attesting to your ability to maintain a healthy relationship with your child. Fulfill any special requirements. In some cases, the court may request the petitioning parent complete parenting classes, therapy or other professional services before beginning visitation. In such instances, the parent will typically need to provide the court with written evidence verifying her compliance before the judge will permit the first visit.

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Gella Klausner lawyer 2020-03-09 20:35:34
What Do Prenuptial Agreements Protect?

With one in three marriages ending in divorce, many are choosing to negotiate and sign prenuptial agreements. A prenuptial agreement is akin to a business contract between two parties; matters such as division (should death or divorce occur) of financial and personal assets, custody of children, division of property are all addressed within the document. Those who consider a prenuptial agreement may own a business, have substantial assets including inheritance, have children from previous relationship, and/or may have the potential to see income increase over the duration of the marriage (i.e. a doctor or entrepreneur). A prenuptial agreement, where properly negotiated, can protect: Retirement or education funds that either party may have accumulated before marriage Division of property that either party owns at time of marriage Property interests of any children from previous relationships Obligations of spousal support should marriage dissolve Direction of education and religious instruction of children borne from marriage Finances of each party Against obligation to pay the other party's debts Inheritance Ownership rights in life insurance or disability policies Prenuptial agreements can not be used to:

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Terrance Gwiriri lawyer 2020-03-06 19:48:02
Legal Implications of Divorcing an Unemployed Husband

If you are divorcing an unemployed spouse, it makes a difference whether his lack of work is voluntarily or involuntary, and a gender bias often exists when the non-working spouse is the husband. Legally, he is entitled to the same considerations as an unemployed wife. However, because many aspects of divorce come down to the opinion of a single judge, this does not always hold true. Some courts view non-working husbands suspiciously, assuming they could work and earn money if they chose to. Except for unusual circumstances, an equal percentage of non-custodial fathers were probably obligated to pay child support. When a non-custodial parent is unemployed, courts will usually impute income to him based on several factors, including what he could earn if he worked. This is especially true when he’s unemployed by choice rather than by an inability to find employment or a disability that prevents him from performing any sort of job. Even in cases of involuntary unemployment, the laws in most states set a minimum child support amount a parent must pay. For example, in Massachusetts, a non-custodial parent must pay at least $80 a month. Regardless of whether your husband is working or not, it’s unlikely that you would receive absolutely no child support from him if you are the custodial parent. If your husband is not working, he may ask the court for alimony as part of your divorce. If, during your marriage, you agreed that he should stay home and care for the house and the children while you worked, courts will take this into consideration. They will likely factor in whether he will continue to be the children’s custodial parent and if it’s appropriate for him to continue to stay home to care for them, for example, in the case of children who are very young or disabled. At the very least, you might have to pay him support while your divorce is pending and for a short time afterward while he takes steps to reenter the workforce or find a job. If he cannot work because of a disability, you might have to pay permanent alimony. Some states, such as New Jersey, are willing to impute income to an intentionally unemployed spouse in alimony situations. In community property states, both spouses equally own everything purchased or acquired during the marriage. Even if your husband chose not to work and let you earn all the income, he’s usually entitled to half of the marital property you purchased with that income in such states. However, the laws permit judges to stray from an exact 50/50 split in some isolated circumstances. For example, if your husband is unemployed because he is disabled and incapable of working, a court might give him a little more property to compensate for this. If he chooses not to work, the 50/50 law would likely apply. Equitable distribution states view marital property differently. In these states, if one spouse holds title to an asset in her own name, it is her property. However, this doesn’t mean the other spouse isn’t entitled to a share of it. Judges divide both jointly owned property and separately owned property in a way that is “equitable.” Equitable does not mean 50/50; in legal terms, it means “fair.” If your husband is unemployed because he’s incapable of working, he is likely to receive more property just as he would in a community property state. However, absent circumstances such as this, equitable distribution states usually award more marital property to the higher wage-earner. If your husband has been deliberately unemployed for a length of time and you purchased most of the marital property, you can probably expect to receive more than 50 percent of it in a divorce.

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Patrick Kowalskl lawyer 2020-03-06 19:30:21
Is There a Lien on my House?

A property lien is legal notice to the world that you owe someone money and that as a result, you have to pay that person if you want to sell the property. The creditor prepares the lien and records it in the same recorder's office where you recorded your property deed when you bought the house. Anyone going to that office to take a look at your title will discover the lien. A lien holder files the lien to secure his debt. Some lien holders have the right to sell the property to collect what you owe them, but for most liens, it isn't economical if you have a mortgage. Since the mortgage was probably placed on the property before the liens, it will have to be paid off from sale proceeds before any liens are paid. Still, for a creditor, putting a lien on your property secures the debt since you cannot sell or refinance the property without clearing the liens. A property lien almost guarantees that the creditor will, in time, collect the debt from you.

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Terrance Gwiriri lawyer 2020-03-03 20:22:26
Pet Protection Agreement

Adopting a pet is a forever situation, which is why you should make plans for your pet's care should you pass away or become incapacitated during your pet's lifetime. Part of a pet owner's rights is deciding what will happen to the pet in these scenarios. A pet protection agreement chooses who will care for your adopted fur baby and could also set aside some money for their care. How to Write a Pet Protection Agreement You can write a pet protection agreement yourself or work with a legal expert. Describe your doggo or kitty in detail and name a person to be their guardian if anything happens to you (be sure to ask the guardian first!). Name an alternate guardian as well. You may choose to pay the guardian for taking on the responsibility. You also can select a distribution representative, who will make sure the pet guardian gets any money you set aside for the pet. The agreement also can talk about things like who your vet is, what food to give your pet, the pet's daily schedule and needs, what kind of medical care you hope will be maintained, when euthanasia may be appropriate, and what should happen with your pet's remains. It's also a good idea to name a rescue organization where your pet could go if the guardian or alternate can no longer care for them. Make sure the agreement is in writing. Sign it in front of two witnesses and a notary. Be sure to give copies to your guardian, heirs, and distribution representative. Pet adoption contracts and pet protection agreements are important legal protections for both you and your pet. Making sure you have all the right paperwork in place will mean you can focus on enjoying your time as a pet owner.

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Jonathan Sherman lawyer 2020-03-02 21:21:58

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