The purpose of probate is to serve as a legal process where the authenticity and validity of a will is determined. Probate may entail the administration of a will, or the estate of someone who passed without a will. After a person with assets dies, the court would approve an executor as named in the will, or appoint an administrator for the process of probate if no will is present. Probate involves the collecting and transferring of the deceased’s assets, so that liabilities can be paid and remaining assets distributed to beneficiaries. 

When the owner of property passes away, their assets are often reviewed by probate court, who enforces the final ruling on distribution and division of the estate to beneficiaries. A probate process will usually start by analyzing whether the deceased person has left behind a legally-binding will. The deceased may have written an estate plan, which would contain instructions for how they want their assets to be given away after death. But in some instances, there is no will. 

A person who dies with a will written is called a testator, and when a testator passes away, their appointed executor will be responsible for petitioning the probate process to begin. The executor can be a family member, close friend, or estate planning professional. However, the executor does not have to be someone with experience in estate planning. The person you choose should at least be trustworthy so they will act in the best interest of your estate later on. 

As a probate lawyer Knoxville, TN families depend on from Carpenter & Lewis PLLC can attest, the last thing you want is an executor who is reckless or refuses to ask for help and makes mistakes, causing the estate to suffer. Beneficiaries of your estate may even feel the need to file a complaint with the court if they observe the executor acting in bad faith and against their fiduciary duty. The court has the power to remove an executor from their role and appoint someone else to replace them. 

One of the many duties an executor must perform is filing the will to the probate court. Depending on the state you reside in, there are various rules for how long you have to file the will after the estate owner has passed. Filing the will initiates the process of probate. The executor must estimate the estate value and hire appraisers if they need to, in addition to communicating with beneficiaries about what is happening with the estate. An executor may have to keep record of all financial transactions and send these to beneficiaries periodically. 

Probate sees to it that someone’s lifetime legacy is handled with respect and diligence. As a team member from Carpenter & Lewis PLLC can attest, the purpose of probate is used to help ensure that someone’s after death wishes are followed, and if there are no instructions left behind, then the court may oversee its distribution and close the estate once complete. 

When you have been riding your bike for months or years, you may come to expect that a bad situation can happen. Perhaps you bike over a bumpy road and fall off your bike. On the other hand, someone may be exiting their car and open their car door on you as you are riding by. Or, someone driving their car may cut you off or veer into your lane causing you to get hit or forcing you off the road. While bicyclists know it is important to look out for these situations, it is also important to know that just because these things happen does not make it okay. In fact, if you begin the claims process for an injury you sustained riding your bike, an insurance company may make you feel like you are exaggerating your injuries. After all, aren’t accidents on a bike par for the course? Absolutely not and they can be avoided if others on the road take better care. 

Why You Should File a Bicycle Accident Claim 

It is imperative that you do not let an insurance company make you feel like you are doing the wrong thing by filing a claim. Just because accidents are more common on bicycles does not mean that they should happen. When a car driver, pedestrian, or other cyclist is not taking care on the road and they cause you to get into an accident that injures you, you should feel confident in filing a claim with the help of a lawyer, like a Los Angeles bicycle accident attorney from a law firm like Glotzer & Leib, LLP.

Why is it important to hire a bicycle accident attorney? 

When you are suffering from injuries that you sustained from a bicycle accident, it is important that you hold the negligent party accountable. Bicycle accident cases can be tricky, especially when the other party’s insurance is pointing the finger back at you. The insurance agent will likely try to shift part of the blame on you, get you to say something in a recorded conversation that they can use against you, or claim that your injuries are not as bad as you are saying they are. 

Can I explain to the insurance agent that I’m severely injured? 

A lawyer will not recommend that you try to explain your side of things to an insurance company. Even if you believe that you have indisputable proof that the other party injured you in your bicycle accident, the insurance agent went through training to learn how to use what you say against you and to learn what to pick out from your conversation that will benefit their argument. It is best to bring your evidence to a lawyer you can count on and let them handle the insurance agent. 

Who should I call? 

When you are ready to move forward with a bicycle accident claim, do not feel that you should go through this legal process alone. Instead, reach out to a local law firm to see what they can do for you while you are recovering.

From a moral perspective, it is very easy to understand the difference between intending to keep a promise but failing to keep the promise, and blatantly lying when making a promise with the secret intention to never fulfill the promise. People are naturally much more offended and shocked by the latter scenario, so it is not surprising that many jurisdictions treat breach of contract differently when a promisee can prove that a promisor intended to breach the contract at the time of making the promise, something known as promissory fraud according to our friends at Mughal Law Firm.

Some jurisdictions apply punitive damages for promissory fraud. If a promisee can prove the fraudulent intent of the promisor never intending to perform the contract at the time of the contract, then in a addition to the court awarding monetary compensation for the value of the breach, the court may also award additional money as a means of punishing the promisor, not just for the compensation of the promisee. 

Proving intent for promissory fraud might sometimes require showing that many usual excuses of non-performance of a contract do not exist in a particular situation. Other requirements that jurisdiction might have for proving intent in promissory fraud is consistent behavior on non-performance, such as a warehouse promising to deliver inventory to retail stores for money up front, but never delivering inventory for to any retailer and serially moving from retailer to retailer offering inventory while never having delivered to any retailer. Another method of proving intent for promissory fraud might be showing that there has not been any change in circumstance that would result in additional difficulty upon the promisor in fulfilling their promise. Usually when a promisor intends to execute a promise in good faith initially but then later eventually breaches the contract, there is some change in circumstance that makes fulfilling the promise more difficult than the original circumstances in which the promise was made.

A 1928 case before the Supreme Court of Virginia known as “Lloyd v. Smith” examined the issue of when breach of contract cases can discuss the issue of fraud. The case famously sets a high bar for claims of fraud because the court felt that the alternative would turn every breach of contract case into a fraud case. 

If you believe that you may be a victim of promissory fraud in addition to breach of contract, you may want to consult with an experienced contract lawyer in your area.

Probably nothing turns your world upside down faster than being arrested – especially if you know you’ve done nothing wrong. But even if you had made a mistake, we are only human, and are prone to being lawed. During your arrest, you may feel embarrassed, and so vulnerable. You may be wondering, do I have any rights at all? Yes, you do. 

First, you have your Miranda rights, where officers are required to tell you these rights any time they arrest you. You’ve probably heard them numerous times on TV “cop shows.” To review, your Miranda rights consist of the following:

• You have the right to remain silent
• You have the right to an attorney
• What you say to the officer may be used against your case later in court
• If you are unable to afford an attorney, one can be appointed for you

Understanding Your Miranda Rights

Not only must officers read you these rights when they arrest you, they must ask you if you understand them. If English is not your native language, do not hesitate to tell the officers no, you don’t understand. They are then required to bring in an interpreter to tell you these rights in your native language. If your arresting officer did not inform you of your rights clearly or in its entirety, tell your lawyer right away.

Your ADA Rights

What most people don’t realize is that they have a second set of rights when arrested if they’re a person living with a physical, emotional, sensory, or cognitive disability. By law, officers are required to accommodate any disability you may have. Specifically, these accommodations include the following:

• Communicating with you in a non-threatening manner
• Diffusing the situation by giving you the opportunity to calm down
• Assessing whether you are a threat to them or yourself
• Providing you with emergency medical services if you need them
• Providing a sign language interpreter or assistive devices if you’re hearing impaired
• Not depriving you of your wheelchair or other assistive mobility devices
• Not depriving you of your cane if you’re visually impaired and need it to navigate your surroundings
• Not depriving you of your prosthetic limb if you wear one
• Explaining to you what they’re doing and intend to do if you’re visually impaired
• Transporting you in a vehicle that most accommodates your disability
• Providing adequate transportation for your service animal if you have one
• Carrying out all arrest, transportation and booking procedures in the most compassionate and non threatening ways possible

Submitting to Arrest

Whether able-bodied or disabled, you should always submit to an arrest, even if you think it’s an illegal arrest. As a DUI lawyer San Francisco CA residents depend on from Morales Law Firm would advise, in the moment of your arrest is not the time to argue with officers. If you do, you may find yourself charged with resisting arrest in addition to your other charge(s).

If you have ever been involved in an automobile accident, you probably already know that car accidents can be extremely traumatic — so much so that you may have called a Chicago car accident lawyer. In addition to the physical pain, you will likely experience emotional trauma, and your financial situation may suffer as well due to high medical expenses and lost wages from missing work due to injury. There are many types of injuries that can occur during an auto accident, ranging from broken bones to whiplash to more serious internal damage such as ruptured organs or severed arteries. According to our friends at Disparti Law, these are the five most common injuries that are sustained in automobile accidents.

1) Herniated Disc

A herniated disc is one of the most common injuries associated with a car accident. With this injury, pressure is applied to your spinal cord and nerves in your lower back. This can result in intense pain, stiffness and radiating down your leg. One of the symptoms will be numbness or tingling as well as shooting pains from the back to the calf.

2) Whiplash

Typically, whiplash occurs when the victim of a car accident gets jerked forward and then backwards due to an impact. Whiplash is the term for both cervical (neck) injury and ligament sprain that are caused by violent, quick acceleration and deceleration. The typical symptoms of whiplash include tingling, neck pain, pain or numbness in the arms or hands, chest pressure/tightness, nausea, ringing in the ears and difficulty concentrating.

3) Bruising

Bruising is one of the most common injuries caused by a car accident. Many times a person will feel pain, be bruised, or even see bruising from an accident hours after it has happened. Bruising can be one of the most difficult types of injuries to prove in court because many bruises are usually gone and no longer visible within days. Additionally, experts also cannot tell you how someone got hurt with just bruising to go on as it only tells you that something has happened but not what. However, there is a good chance your case could rely on having good medical records or surveillance footage with evidence that might help prove some sort of contact with another person or object.

4) Fractured Bones

Fractured bones take a long time to heal and often require specialized medical care. They can be extremely painful and will slow you down, both in your healing process and during recovery. If a fractured bone is not properly set, it can heal incorrectly and the break will not heal as well or as quickly. If left untreated, an infection can develop in the injured area which could even lead to amputation if it spreads. In addition, you are at greater risk for blood clots, blood loss, and organ damage.

Fractured bones that are not treated properly will usually take four to six months before they have healed enough for someone to walk on them without risking further injury. If a fracture is severe enough, they may need surgery which may keep them out of work for up to six months while they recover from their operation. The type of surgery needed depends on how severe the fracture is but many fractures do not require surgery and instead just immobilize the area until it heals.

5) Spinal Cord Injury

The spinal cord is often referred to as the brain’s telephone line and is situated near the base of the spine. A spinal cord injury often results in numbness or a tingling sensation in the extremities due to nerve compression. The symptoms will vary depending on which nerves are compressed and this can affect any part of the body from toes to teeth. It also impacts senses such as touch, pain, and temperature, bowel and bladder control, sexual function and muscle coordination.

If you have been in an accident, contact a lawyer immediately!

As soon as you retain a personal injury lawyer Deltona, FL to represent you in your personal injury claim, you should know what to expect from your meetings with them and how to prepare properly. Check out this list of five things that you need to bring to all meetings with your lawyer so that you can feel confident about each conversation and go home with the best results possible according to our friends at Presser Law, P.A.

1) Insurance Policy

If you’ve been in an accident, the first thing you should do is call your insurance company and let them know what happened. You will need to give them your policy number and some other basic information. After that, they will likely send an adjuster to assess the damage. Once the adjuster has looked at everything, they will give you a report detailing what they think needs to be done. This is where having a good personal injury lawyer comes in; when you receive this report, make sure to immediately give it to your attorney and keep a copy for yourself.

2) Medical Records

If you’ve been injured, it’s important to bring your medical records to your meeting with a personal injury lawyer. This will help the lawyer understand the extent of your injuries and how they will impact your case. Make sure to bring all relevant records, including doctors’ reports, hospital bills, prescriptions and any other document that proves your injuries were incurred during the accident.

3) Police Report

If you were in an accident, you should always bring a copy of the police report to your meeting with your lawyer. This will help your lawyer understand what happened and who was involved. It may also include pictures from the scene that can be useful along with witness information that your lawyer may use to contact others that can corroborate your accident details.

4) Evidence of Fault

If you’ve been injured in an accident, you’ll need to prove that the other party was at fault in order for your claim to be successful. To do this, you’ll need to bring evidence of the accident to your meeting with your lawyer. This can include police reports, witness statements, photos or videos of the accident scene, and any other documentation you have related to the incident. While it’s not always necessary to present all of these documents, they’re generally good to have on hand just in case they’re needed. And as you might imagine, presenting more information will help strengthen your case.

Additionally, if you’re seeking compensation for medical bills or lost wages due to time off work following the accident, be sure to bring copies of any relevant medical records and pay stubs from your employer as well. The more proof you provide about how much the injury has impacted your life, the stronger the case will be when negotiating with insurance companies on your behalf.

5) Witness Statements (if applicable)

If you have any witness statements, it’s important to bring these to your meeting. The lawyer will want to review them and determine if they’re helpful for your case. Make sure you have the contact information for each witness as well.

If you want to have a meeting with a personal injury lawyer, reach out to one today for help with your case!

Premises Liability Lawyer

The central goal of a premises liability claim is to hold a property owner or tenant accountable for personal injury or damages that were a direct result of accidents that happen on their property. If the property owner or tenant is found to be liable for the damages or injuries that were sustained, damages in the form of financial compensation can be demanded. Regardless of state or locality, property owners and tenants are responsible for maintaining safe conditions for visitors and employees. As a premises liability lawyer Atlanta, GA residents prefer from Council & Associates, LLC can explain, failing to maintain safety standards on the premises may lead to grounds where a premises liability claim is viable.

Examples of common circumstances that can result in injury or damages and lead to subsequent premises liability claims include but are not limited to the following:

• Injuries from slip and fall accidents
• Faulty company vehicles contributing to or causing crashes
• Animal bites from aggressive animals on premises
• Hazardous residential property conditions
• Irresponsible or inadequate protections for known hazards
• Swimming pool related injuries
• Inadequate maintenance practices
• Unsafe retail store environment
• Unsafe dining establishment conditions

Owner Exemptions

In property owner – tenant relationships, the owner is usually considered to be exempt from liability for injuries of a lessee or visitor. The lessee is assumed to be responsible for maintaining safe habitable conditions on or in the property. One example where the property owner would not be exempt would be if they concealing or otherwise hiding defects or potential hazards when the tenant takes possession of the property.

Variations in State Premises Liability Laws

However, it should be known that laws pertaining to premises liability vary based on state and variations in these laws affect who is able to recover damages by means of a premises liability claim. Some states may examine factors such as the status of the person who is filing a claim at the time of their presence and injury on the property. The status of a visiting person is generally classified as invader, invitee, or licensee. Furthermore, a social guest is someone who was present on the premises by permission of the property owner or owner. An invitation is effectively considered as a promise that the property is safe to be on.

Trespasser Liability

Certain premises liability scenarios examine the state of the visitor when defining liability in the claim. Some properties assume there is a potential risk for trespassers, and if this is the case they are expected to provide obvious warnings of potential threats to intruders.

If you feel there is a potential need to take legal action after an injury or damage that you believe occurred as a result of unsafe conditions on a premises, it is recommended to first consult with a reputable lawyer in your area. As the laws do vary quite widely based on the state where the incident occurred, a local lawyer will be able to help with understanding the laws as they pertain to your unique situation.

It seems like the more people talk about discrimination, the less they actually do to ensure there’s real justice at work, on our streets, or anywhere else. But, as an employment litigation lawyer like our friends at Eric Siegel Law can explain, you don’t have to suffer through discrimination without putting up a fight.

If you’ve experienced discrimination, you know how the pain can linger. It’s unfair to experience prejudice because of something you can’t change, and something that’s an integral part of you. Read on to learn more about discrimination at work, and see how a professional employment litigation lawyer can help you fight back.

1. It’s not just about race or color.

When people hear about discrimination, they often think about race or ethnicity. However, when it comes to workplace discrimination, age discrimination is more common than you’d expect. If you’re older or younger than you’re colleagues, it doesn’t mean you should miss out on the same opportunities for growth.

2. Gender discrimination is definitely grounds for a lawsuit.

You deserve equal compensation for equal work, no matter your gender. It’s illegal for an employer to pay you any more or less because of your gender, and if you have evidence that your employer discriminated against you on the basis of sex, you should get in touch with an employment litigation lawyer.

3. Religion is protected.

While protected classes typically include elements of your character that you were born with (such as race or gender) religion is a right that shouldn’t be oppressed by employers or coworkers. Whether you have strong religious affiliations or are strongly irreligious, you deserve equal and fair treatment at work and elsewhere.

4. Racial discrimination still happens.

Despite plenty of social movements that are supposed to reduce the impact of historical racial discrimination, discrimination based on race and ethnicity still happens. It’s frustrating to deal with racial discrimination at work, especially when you consider how visible conversations about racial discrimination are in our media and everyday life. Fortunately, the right lawyer can help you finally get justice.

5. Discrimination isn’t always top-down.

When people talk about discrimination in the workplace, they typically think of management and employers exploiting or mistreating their employees. But discrimination can come from your own team members and colleagues as well. This can make your workplace completely toxic, whether through overt harassment or a general atmosphere of disrespect and prejudice.

Get in Touch with an Employment Lawyer Today

Discrimination should never go unpunished. When you experience discrimination in the workplace, it’s important to take steps to get the justice and compensation you deserve – not just for yourself, but also to ensure it doesn’t happen to anyone in your position ever again.

When you’re in the market for an employment lawyer, you need to make sure you have a legal team you can trust. You shouldn’t deal with prejudice at work, but you should always take time to ensure your legal representation has your best interest in mind, instead of viewing you as just another paycheck. Remember to check in with them for a free consultation, and shop around to see what each firm offers.

Don’t hesitate to get justice and fairness. Reach out to an employment lawyer today.

DePuy Orthopaedics, Inc., which sells joint replacement devices and other orthopedic surgical equipment, is facing thousands of DePuy lawsuits for its hip implants, alleging that the devices are defective and can break and erode inside the body. A wave of lawsuits was filed by patients who experienced pain, metal poisoning, infections, medical complications and other injuries as a result of DePuy’s faulty hip implants and the company’s alleged failure to warn the public about their dangerous nature. Here are five reasons you may be able to be part of the lawsuits according to our friends at Cohen & Cohen.

1) Women and Men Who Had a Hip Replacement

Step one to figuring out if you are part of the people who qualify for the lawsuit is to determine whether or not you had a hip replacement. This goes for both men and women; both are eligible for this lawsuit based on DePuy’s faulty equipment. Next, if you have noticed pain since your hip replacement or other ill health effects, then you might be part of this case. Keep reading for the rest of the qualifications.

2) If Your Surgery Was in 2010 or Later

Now that you’ve said yes to the first two pieces of the puzzle (you had a hip replacement, and since your surgery you have been experiencing ill health effects), the next piece is to know when your hip replacement surgery took place. If your surgery was between 2010 and 2016, then you qualify to be part of this case. You will definitely need to get records from your doctor and surgeon documenting that your equipment came from DePuy.

3) If Your Surgery Was Used as an Experimental Procedure

If you had surgery between 2010 and 2016, there’s a chance your procedure was part of an experiment. This is because, during this time, Johnson & Johnson (DePuy’s parent company) was running a clinical trial using a new metal-on-metal hip implant. The trial ended early, in 2011, after it became clear that the implant was causing serious health problems in patients. However, Johnson & Johnson continued to sell the implant until 2016, when it finally pulled it from the market. If you received this implant during this time period, you could be part of the DePuy case.

4) If You Suffer from Complications after Your Surgery

If you have needed a second surgery to revise or replace your hip implant, you may be entitled to compensation. You may also be able to participate in the lawsuit if you have suffered from any of the following complications:

1. Hip Dislocation – Hip dislocation is when the head of your femur pops out and gets stuck out of socket, this is a very painful complication that can require revision surgery and can leave lasting damage.
2. Loose Joints – Loose joints occur when there is too much space between two bones which cause them to grind against each other. When this happens it causes pain and loss of mobility- often requiring revision surgery as well as more intense rehabilitation with additional therapy sessions.

5) Anyone Who Suffers from Metal Poisoning

If you suffer from metal poisoning, you may be eligible to participate in the DePuy case. Metal poisoning can occur when metal shards from a defective hip implant begin to leach into the bloodstream, causing serious health complications. Symptoms of metal poisoning include joint pain, skin rashes, fatigue, and gastrointestinal problems. If you have experienced any of these symptoms, you should contact a lawyer to see if you qualify to participate in the case.

Contact a lawyer immediately to see if you qualify to be part of these lawsuits.