Keeping Probate Costs Down – Useful Tips Whether or not you have a will, your estate will be probated. And the probate process can be an expensive proposition, no matter the size of the estate. → Read More
Dumping or Transferring Patients Is Nursing Home Abuse Nursing home residents, who are transferred, dumped or evicted from long term care facilities are victims of nursing home abuse — and can fight back. → Read More
Does discrimination have to be intentional to be unlawful? Most commonly, when people think of discrimination, they think of intentional discrimination or of purposely treating someone differently on the basis of gender, religion, age, race, disability or other protected statuses. However, in certain instances, it may be possible for even unintentional discrimination to be considered unlawful. → Read More
What is specific performance? Specific performance is a remedy sought in civil court, instead of money. It requires a defendant to actually go through with a certain action he promised to do, instead of just paying money for not keeping his promise. Specific performance is referred to under the law as an equitable remedy. → Read More
What is replevin? Replevin, also known as claim and delivery, is a law that allows people to use a lawsuit or some other legal means to recover goods that they believe are rightfully theirs and that are being withheld from them. → Read More
What kind of recovery can I expect from a lawsuit? The amount of recovery you can expect from a lawsuit is going to depend solely on the type of case you are bringing and on the extent of your damages. There is no average recovery amount, since every individual case has different circumstances and different amounts of loss. → Read More
What happens if I die without a will? If a person dies without making a will, or intestate, his or her property must go through the probate process in order to have the legal title to the property transferred to their heirs. The probate process is a set of guidelines established by state probate law on how property or assets are to be disposed of when a person dies without a will. → Read More
What are liquidated damages? Liquidated damages are damages that the parties to a contract specify will have to be paid in the event of a breach. Liquidated damage are not used in every contract, but they may make sense in certain instances. → Read More
If I am sued and I win, does the losing party have to reimburse me for my court costs and attorney fees? Generally, according to the American Rule, each side pays their own attorney’s fees and costs. However, under some circumstances attorney’s fees and costs are awarded statutorily to the winning party, or there may be a contractual agreement between the parties that the losing party will be responsible for attorney fees and costs. → Read More
What are nominal damages? Nominal damages are a damage award issued by a court when a legal wrong occurred, but where there was no actual financial loss as a result of that legal wrong. Typically, when a nominal damage award is used, the plaintiff will be awarded $1 or $2. This may seem silly, but nominal damages serve an important purpose. → Read More
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