If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.
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Call for help. 833-890-0666. Free no obligation consult with a lawyer. master:2022-04-19_10-08-26. If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who ...
Sep 24, 2014 · While you probably cannot sue the town, please also keep in mind that in many instances, ordinances that would prohibit the action you currently engage in cannot stop you from engaging in that action, because it would amount to an ex post facto law, specifically prohibited by the U.S. Constitution.
The short answer is yes — cities can be sued in personal injury lawsuits and other types of civil suits. However, the process is different from (and significantly more complex than) suing a person, company, or other private organization. In this blog article, we’ll outline some situations where suing a city might be possible and explore how ...
Jul 14, 2009 · Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.
While you probably cannot sue the town, please also keep in mind that in many instances, ordinances that would prohibit the action you currently engage in cannot stop you from engaging in that action, because it would amount to an ex post facto law, specifically prohibited by the U.S. Constitution.
I am not a Kansas attorney, but "Animal rights" seems to be a term of art possibly found in your municipal code of ordinances such as the Zoning Article; however, I looked in the Salina, KS Code on-line and could not find it; nor could I find a provision entitled "Livestock ordinance." I did find the following provision in the Salina City Code: "Horses which are used for riding purposes may be stabled within....
Call the police next time someone comes onto your property, but without damages, a lawsuit would be an exercise in futility.
If you can’t resolve the claim with the city, you can file a lawsuit against the city for negligence. As with any lawsuit, you’ll need to prove the city was negligent and that the negligence directly caused or contributed to your injuries and damages. You’ll also need to consider whether the at-fault party was a government organization as ...
Medical malpractice committed by public health care workers, doctors partnering with Medicare/Medicaid, or a government department (Veterans’ Affairs, for example) In any type of litigation against a government, multiple factors will determine your ability to make a solid case and recover financial compensation.
Make sure to check the statute of limitations for personal injury and negligence claims in your state. In North Carolina, claims must be filed within three years for a personal injury case and within two years for wrongful death.
Sovereign Immunity. One factor that can create challenges when bringing a lawsuit against a municipality is a legal concept called sover eign immunity. Under sovereign immunity, governments are immune from liability and can only be sued if they waive this immunity.
One factor that can create challenges when bringing a lawsuit against a municipality is a legal concept called sovereign immunity. Under sovereign immunity, governments are immune from liability and can only be sued if they waive this immunity.
Sovereign immunity no longer applies to many cities and municipalities. And even in states like North Carolina, where the state government still enjoys sovereign immunity, the government has waived this immunity and allowed negligence lawsuits against itself in certain circumstances.
The NCTCA applies in any case where a state officer, employee, or agent engages in negligent behavior and causes harm while acting as a government employee. In these cases, the act makes it so you can sue the state just like any person or company.
Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.
Finding the right attorney depends upon the type of claim that you are pursuing. If it is a personal injury, then go for a personal injury attorney. If it deals with special needs children and a school not following an education plan, then find an attorney that deals in that type of claim. Just go by the practice area that the attorney advertises.
Defamation lawyers are a subset of civil litigation lawyers. You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.
Business litigation (often referred to as commercial litigation) is a major subset of civil litigation (see above). Businesses sue each other all the time, for any number of reasons.
Courtroom proceedings are considered criminal in nature (as opposed to civil) when the state (through prosecuting attorneys) charges you with the commission of a crime. If you’ve been arrested, read your Miranda rights, and taken into custody by the police, you need a criminal defense lawyer.
Business Lawyer (litigation or transactional) Many business owners assume they need a “business lawyer,” whatever the nature of the legal problem they’re experiencing. In fact, “business law” is too broad a category to be meaningful.
The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.
Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.
If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.
Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.
Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations to protect their client's best interest.
Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.
Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.
This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.
Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.
Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.
If the homeowner is noncompliant with the HOA rules, then an HOA may fine them or take them to court. However, there are instances in which a homeowner is able to sue their HOA for failing to uphold their duties or obligations under the HOA governing documents.
Amenities : One major pro of an HOA is that they provide for amenities for the community, such as a community clubhouse, community pool, gym, waterpark, hiking trails, or other community amenities . One major reason that many people are attracted to planned neighborhoods is for the community activities and amenities.
Although it may seem like HOAs have an unbalanced amount of power and authority over homeowners, HOAs must adhere to all local and federal laws, as well as their own agreement. Local and federal laws were enacted to restrict HOAs in the amount of power and authority they have over homeowners. Examples of restrictions and rules placed on HOAs include, but are not limited to the following: 1 Discrimination: Persons who are seeking to obtain a mortgage, rent or buy a home, seeking housing assistance, or engaging in other house-related activities are protected under the “Fair Housing Act.” HOAs must also abide by the Fair Housing Act, which means they are not allowed to deny housing in their community based on race, sex, disability, religion, national origin, familial status, or other federally protected characteristc.#N#Additionally failing to make reasonable accommodations such as installing ramps in common areas or housing may result in a violation of the Americans with Disabilities Act. 2 Levy Excessive Fees and Collection of Fees: HOAs must operate within the legal bounds of their agreement and state laws; meaning HOAs are not allowed to levy fines against homeowners that were not agreed upon.#N#Further, when HOAs attempt to collect fees that may not do so in violation of the Federal Fair Debt Collection Protections Act (“FDCPA”). The FDCPA is a federal law that restricts debt collectors as to what they can do when collecting debts, such as an HOA collecting fees.
The HOA is the private association that responsible for managing, and selling homes and lots in a planned subdivision.
As noted above, CC&Rs stands for covenants, conditions, and restrictions, which are the rules established and enforced by HOAs that a homeowner agreed to follow when they purchased their home or lot. Examples of common covenants, conditions, and restrictions may include any of the following: 1 How a homeowner must maintain their landscaping and failing to do so may result in penalties; 2 The exterior appearance of a home or unit, such as what color the exterior is painted, what shutters or coverings are allowed, or where and how tall the fences are. Other exterior attachments or fixtures that may be regulated by an HOA include tire swings, satellite dishes, yard decor, or flags; 3 Whether a homeowner may own a certain type, size, or number of pets; or 4 What types of vehicles or how many vehicles a homeowner is allowed to park in the driveway or street. For example, many HOAs do not allow boats or RVs to be parked in the street or driveway.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
To win when you sue an attorney for malpractice, you need to show that: 1 The attorney was supposed to do something 2 He or she didn't do it (or did it wrong) 3 This resulted in a financial loss to you (losing the case or losing money)
Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.