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
Is Probate Necessary? Is probate required? Whether probate is necessary depends on what property the decedent owned and how it was held, and on the law of state in which the decedent died and the laws of any states where the decedent held property. → Read More
What Is Elder Abuse & What Can Be Done? Every year, thousands of elderly Americans are abused in their own homes, in relatives’ homes, in nursing homes and in other facilities responsible for their care. This article discusses the signs and symptoms of elder abuse and how to act on behalf of an elderly person who you suspect is being mistreated. → Read More
When is a government employee acting under ‘color of law’? Filing a civil rights claim under section 1983 requires first demonstrating that the defendant was acting under’color of law.’ But what does color of law mean? In general, color of law is a broad term used to describe when someone is working in their official capacity for a governmental agency. Anyone who works for a governmental agency is potentially subject to a section 1983 civil rights violation suit. → Read More
What is reformation? Reformation, when used in a discussion of contract law, is considered one of the legal remedies available for use when a breach of contract or contract problem occurs. In a situation where two or more parties have entered into a contract and not all of the written contract matches what the parties understood the agreement to be, a court of law may use reformation to settle the dispute. → Read More
Disputing IRS Tax Collections: It Can Be Done & You Do Have Options Can you fight the Internal Revenue Service (IRS) if you believe that you don’t owe what the IRS claims? Absolutely, encourages Justin Hein, Managing Attorney for Roni Deutch, A Professional Tax Corporation’ a law firm that has been resolving IRS tax debts for American taxpayers for nearly 20 years. Hein says that you not only have the ability to dispute the collection action being proposed by the IRS, but that you also have several options for resolving your IRS tax debt. → Read More
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