February
9
2010
Hey, Lawyer Wu i just checked in to some life insurance in Texas and need to get a little more information from you on this. Do you have to use a Texas Life Insurance company to write the policy or could I shop it around on the internet? I actually looked into two plans one being a lump sum cancer insurance plan and the other was Texas life insurance?
Absolutely, you may shop your insurance around and find the best provider that serves your local area, they may be located across the states, but play that role well. Just because you live in Texas and you want to buy life insurance in Texas, it can be bought anywhere from a licensed company.
January
4
2010
Unwitting possession means that you possessed a contraband substance without knowing you had it. The classic case is mail carriers – they deliver a package containing cocaine but are not guilty of possessing cocaine because they didn’t know (and had no reason to know) that cocaine was in the package. The other classic case is borrowing someone’s car and the owner had cocaine stashed in the door frame. Some states allow unwitting possession as a defense, some add the ‘had no reason to know’ element, and some don’t specifically recognize the defense at all.
January
4
2010
Yes, but within limits. So long as the copy that you are making is for personal use, and you do not further distribute the material, and you make no “for-profit” use of the material, then you are in a safe haven under federal copyright law. HOWEVER, Congress has just passed a law which makes duplicating sound and visual recordings this way illegal. The record industry and the Video industry are anxious to protect their products. There is a good chance this will be challenged in the courts. Some of the decisions have gone pretty far in finding copyright infringements in cases of what might more traditionally have been deemed free speech. For example, in one case critics of a Church made available on their web site certain publications of the Church. The Church sued for copyright infringement and won some limited victories because it was held that the website publisher might have profited from his site in some way and therefore derivatively from posting the Church materials.
November
29
2009
Who receives the settlement money depends on the laws of your state. In many states, in order for a minor (anyone under the age of eighteen (18) years) to file a claim in court, the claim must be filed through a Guardian Ad Litem. The Guardian Ad Litem, usually one of the minor’s parents, will file suit on behalf of the child and must act for the child’s benefit. All settlements of a minor’s personal injury claim must be approved by a judge in order for the settlement to be valid.
November
29
2009
There are several potential parties you could sue:
(1) The property owner, if poor maintenance of the diving board was the reason it broke. In order to recover damages against the owner, you’d have to show that the board was not safe for usage and the risk of injury was great. To prove this you would want to establish that the pool owner either knew the diving board was unsafe, or should have known the diving board was unsafe.
November
29
2009
One of the types of damages that the spouse of an accident victim can receive is called loss of consortium – essentially, loss of the marital relationship that you once had. Many attorneys routinely consider “loss of consortium” damages as damages for decreased or limited sexual activity between the injured party and the spouse. While this is part of a loss of consortium claim, the term also refers to care, companionship, and affection between the injured party and spouse, whether or not there is a decrease or change in sexual activity. Furthermore, while loss of consortium is a valid element of damages which you should consider, you should be aware that a loss of consortium claim may make you and your spouse’s sexual activity “fair game” if the matter is litigated. You should discuss the pro’s and con’s of this element of damages with your spouse and your attorney if you decide to pursue a lawsuit.
November
29
2009
The mall may be partially liable for your injuries depending on the circumstances of your accident – in other words, what led up to the driver hitting you – and whether the design of the ramp contributed to the accident. Conditions that could lead to liability include poor sightlines, poor lighting, unpredictable traffic patterns, and poor maintenance. If any of these conditions are present, the mall may be found to be at least partially at fault for not creating a reasonably safe environment for you to get to your vehicle.
November
29
2009
As you have no doubt realized, it is never a good idea to cross against the light. However, in your case, the court may find that the driver had the “last clear chance” to avoid the accident and therefore impose liability on the driver. You can expect, however, that your damages award may be decreased somewhat because you violated the law.
The amount your reward will be reduced is up to the jury or insurance adjuster. Some issues they may take into account include whether you reasonably could have believed that you had time to cross before a car came, and what other circumstances, such as impaired sight lines, contributed to the accident.
November
29
2009
You should. All states have some form of “statute of limitations”, which strictly limits the time you have to file a lawsuit. A valid claim filed after the statute is usually denied. As a result, if you think that you may have been injured from a defective product, you should seek the advice of an attorney at the earliest opportunity, to protect your rights.
The time frame in which the statute of limitations runs usually begins from the time of the injury as a result of the defect. You’d want to go see a personal injury lawyer sooner rather than later to find out exactly what the time frame is in your state.
November
29
2009
This is an extremely difficult case to prove and will definitely require the services of an experienced personal injury attorney.
In order to hold a motorist liable for damages suffered by you in an accident when the motorist did not hit you, you will have to prove that the motorist caused the accident even if he wasn’t involved in the accident. For example, if you were riding on the shoulder of the road and the motorist suddenly swerved onto the shoulder and was coming directly at you, you may have taken evasive action, such as crashing into the ditch, to avoid being hit. In that case, you may be able to sue the motorist for causing your injuries even though he did not hit you.