- Criminal DefenseThe process of establishing a spendthrift trust fund is identical to creating any other trust fund except the trust instrument must contain a spendthrift provision. Before you plan or administer an estate, you want to sit down with a lawyer, one who will really listen to your concerns. To learn more, please call me today for a free initial consultation. My office emphasizes wills, estates/probate, personal injury, worker’s compensation, criminal law/DUI, foreclosures, and business law. Trusted and verified.
- DUI/DWIIt has become increasingly clear in recent years that impaired drivers are responsible for hundreds of thousands of crash-related injuries and thousands of deaths annually in the United States. When it comes to driving under the influence of alcohol, every state has currently set.08% blood alcohol concentration (BAC) as the legal limit for driving under the influence (DUI) or driving while impaired (DWI). For commercial drivers, the limit is even more restrictive, as a BAC of.04% can result in a DUI or DWI conviction anywhere in the nation. Drinking among drivers under age 21 is not tolerated at all, as even the smallest amount of BAC is cause for arrest. Anyone facing DUI/DWI arrest should call an attorney.
- Wrongful DeathWhen a person dies as a result of another person’s negligence or wrongdoing, the surviving members of the victim’s family may sue for “wrongful death.” A wrongful death lawsuit alleges that the decedent was killed as the result of negligence on the part of the defendant. Under wrongful death statutes, the surviving family members or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct. This includes damages for pain and suffering, as well as for reasonable burial expenses. The surviving spouse, child, or parent could also look to the wrongdoer for damages in the amount that would be commensurate with what the deceased would have provided in the way of economic support.
- Traffic ViolationsCrimes are usually categorized in accordance with their level of seriousness. An “infraction,” the least serious type of crime, typically involves being handed a ticket for something like a traffic violation and paying a fine. “Misdemeanors” are more serious than infractions and may be defined as crimes that are punishable by a year of jail time spent in a local county jail. Prosecutors generally exercise a considerable amount of flexibility when deciding which crimes to charge and how to punish them, and negotiating plea bargains. “Felonies” are the most serious crimes, such as murder, rape, burglary, kidnapping, or arson. These crimes are punished in ways that may match the severity of the crime, with prison sentences greater than one year.
- Sex CrimesEven though sexual assault can give rise to criminal prosecution that results in incarceration, victims may want to file civil lawsuits for compensation for the harm they have suffered. Because there is no cause of action called “sexual assault,” the plaintiff’s attorney must find another legal theory under which the perpetrator can be held liable, such as assault and battery or intentional infliction of emotional distress. Once the legal theory of the case is established, the plaintiff can seek damages for the physical and emotional harm that was suffered and continues to be endured as a result of the abuse. However, damages may be difficult to collect because most liability insurance policies usually exclude coverage for intentional acts.
- Burglary
- Misdemeanors
- Assault
- Murder
- Arson
- Kidnapping
- Business DisputesMany people think they will never need the services of a lawyer because they lead quiet lives and never break the law. The fact is, however, that many individuals find themselves involved in civil lawsuits, the most common of which involve contract disputes. For instance, if a property owner were to contractually engage the service of a contractor who failed to keep up his or her end of the bargain, the two sides may find themselves arguing their cases in court. Other instances in which homeowners may find themselves in a legal argument involve disputes over property ownership and damages to one person’s property or real estate, which may be handled by a civil litigation attorney. Life can get contentious.
- Workers Compensation
- Employment DiscriminationHINT: Other cases that lawyers will commonly take on a contingency fee are those involving employment discrimination, sexual harassment, and malpractice.
- Severance AgreementIt is a common workplace misconception that workers are legally entitled to severance pay when they are discharged from a job. Whether it is given varies among employers, regions, and industry custom. However, an employer may be legally obligated to pay a worker some severance pay if there is a written contract stating that it would be paid. Otherwise, there may be a promise that employees would receive severance pay as documented in an employee handbook. In addition, although it may be difficult to prove, there may have been an oral promise that an employer would pay a worker severance. If so, the employer who reneged on a promise to pay severance may be sued for breach of contract.
- Sexual Harassment
- Premises LiabilityWhile we may find the classic banana-peel pratfall performed on stage to be comical, there’s nothing funny about a real-life “slip-and-fall” accident. These mishaps can be more than just minor incidents for those who land on hard surfaces and suffer fractures, sprains, and strains. Once these injuries are medically addressed, a consultation with an attorney may be warranted to explore the legal concept of “premises liability.” This legal theory holds property owners liable for accidents and injuries that occur on that property. The fundamental question surrounding a slip-and-fall accident involves whether the conditions were unreasonably dangerous. It may also have to be determined what duty or responsibility a property owner owes to another on the basis of that person’s status.
- Land Use and Zoning
- Property DamageHINT: While it may be relatively easy to quantify such compensatory damages as reimbursement for property damage and medical bills, it is more difficult to place a dollar figure on the pain and suffering caused by lingering accident-related injuries.
- Personal InjuryHINT: If a delivery person were to be struck and seriously injured by a drunk driver, on his work route, the delivery person is entitled to collect worker’s compensation benefits and pursue a personal injury claim against the drunk driver and his insurance company.
- Medical MalpracticeHINT: One common type of medical malpractice is the “failure to diagnose” in which a competent doctor would have discovered the patient’s illness or made a different diagnosis, leading to a better outcome than the one actually achieved.
- Auto Accidents
- Dog BitesLaws determining liability for dog bites vary according to state and are of two general types: The “one bite rule” focuses on whether the dog’s owner knew (or should have known) that his or her dog would bite and whether the necessary steps were taken to prevent the animal from biting. The recipient of the bite (plaintiff) must provide sufficient evidence to convince the jury that it was “more likely than not” that the defendant knew or should have known the
- Wills
- Probate
- Foreclosure