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Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

1,093 Questions

If you repair a road can you be sued if someone gets hurt on the road?

If someone repairs a road, but does it badly so as to create a condition likely to cause an accident, then you might be sued. The fact that the intention was to repair a road is not enough to insulate the person from liability if the "repairs" caused some other dangerous condition.

While Walking on road which way do you face with no sidewalk?

Against traffic so that you can see any on coming vehicles and potential problems from said vehicles.

What is the max refund for federal taxes?

There is no maximum refund. If you overpaid your federal taxes, you'll get a refund for the overpayment no matter how much it is.

You received notices that the property that you rent went into forcloser It is now being sold by the bank The owner who lost the property is sueing you for 3 months past rent what can you do?

DO NOT give the landlord any money.

If the bank has taken possession of the property itmay be your obligation to pay the bank and not the (former) landlord.

Call the bank before you pay anybody anything !!!

What are the criteria needed to file a lawsuit?

It depends on the type of lawsuit you are filing. Contact an attorney in your state and tell him or her what type of lawsuit you are filing. He or she will be able to tell you what criteria you must meet.

What type of reply should plaintiffs give to defendants general denial?

Most likely none at all, unless the Court Rules of the state in question call for it. Under NJ court rules, once an answer is filed, plaintiff is not allowed to file a responsive pleading unless the answer raised counterclaims against plaintiff. If it does then plaintiff files an answer to the counterclaim.

What is vehicular negligence?

Vehicular Negligence is failure to operate a vehicle in a comprehensive and safe manner, causing property damage, injury and/or death.

What would an appropriate legal response be to someone who is threatening litigation as a means of intimidation when the charges are completely fabricated?

prepare. PREPARE. PREPARE. It's a NO-BRAINER ! prepare ! Consider the same question only take out the lawsuit expectation and substitute it with a hurricane or earth quake and the like ! Prepare etc etc. Now your question should be HOW ? What must one do to prepare. Phil Sullivan csullivan65@cox.net

Can legal action be taken in an employer pushes an employee into another position with less responsibilities based on an anxiety disorder?

Can the employee perform the duties of the first job? If not the employer has a right to have the job he needs done.

Can a employee sue a former employer for defamation of character?

Yes, but the employee must prove defamation, libel or slander, which means basically proving the defamation is untrue. It happens more frequently than many workers realize, and a few successful actions might deter less pleasant former employers from interfering with the lives and livelihood of others simply out of malice or spite. A problem in this kind of situation is that, as with maliciously-intended untruthful gossip in general, the person whose character is being attacked often doesn't get to hear about it for a long time, if at all, because people who indulge in defamation usually couch their lies in such terms that those who might otherwise approach the victim to ask, is this true? are too embarrassed or afraid to do so. This doesn't usually stop them passing on juicy bits of gossip, though, so even so-called friends can work in the malicious person's favour, unfortunately!

How do you submit a court judgment to credit reporting agencies?

An individual cannot submit a court judgment to the credit reporting agencies; however the County will report the judgment to the bureaus only by using the complete name and address of the defendant.

Can you sue your wifes boyfriend?

Certainly, you can sue almost anyone for almost anything. The trick is winning.

Is there a civil suit maintainable for a declaration of death of a person?

There is a civil action to have a missing person declared dead so that his/her affairs may be wound up. Each state has statutes that describe the circumstances that must be proved before the court will declare a missing person dead. There are generally two situations. One is where the person is missing from his last know place of residence for some unknown and unexplainable reason for a particular period of time. The time will be set by the statute. Some states have 7 years others have other time periods. The other is where the missing person has been in a situation of special danger that could have caused the death but it is not known for sure whether it did cause a death. Such a case usually has a shorter period of time to wait because there is a reason why the person has absented himself from his home. Papers requesting the declaration of death are filed in court and make the allegations of facts required in the statute. A notice is posted in the local newspaper usually a couple times. If there is no response, the court will declare the person dead. Some state just say "likely to be dead", but this is enough to start estate proceedings. But the good news for the now dead person is if he does come back the declaration of death will be revoked and all his property will be restored to him. This way he does not have to live the rest of his life being dead. Fortunately, this is one court order that no one can enforce.

If a client drops a lawsuit is the lawyer still entitled to fees on a contingency agreement?

It's possible that the attorney is entitled to some remuneration because his client (you) won't let him proceed. What kind of contract did a client enter into with his attorney? Certainly the attorney isn't compensated if he loses the case - that's usually what a contingency is all about. No win, no pay. But if you tell your attorney you wish to drop the suit, that's another matter. The contingency agreement only applies if your lawyer tries and fails, not if you throw in the towel and call him off. Good luck with this one.

Can your IRA be included for settlement in a law suit in Florida?

Every state has different laws regarding Individual Retirement Accounts, or IRA's. In Florida, laws have been enacted that allow IRA's to be included in law suits provided certain conditions have been met. These conditions can be extremely confusing to the layperson, and thus, anyone dealing with such an issue is encouraged to seek official legal counsel.

What is average payout for a broken wrist?

Payout for a broken wrist varies with the severity of the injury. If the damage is not permanent, it may pay about $5,000. If there is permanent damage, it may pay up to $50,000.

What is the proper salutation for a letter to two females?

Two acceptable abbreviations for the plural of Ms. are Mses. or Mss. If you aren't comfortable with that format or the two females have different last names, you may address them individually:

Ms. Mary Smith and Ms. Jane Jones; Dear Ms. Smith and Ms. Jones,

Mss. Mary Smith & Jane Jones; Dear Mary Smith & Jane Jones,

Prof. Mary Smith and Dr. Jane Jones; Dear Prof. Smith and Dr. Jones,

Mses. Mary & Jane Smith; Dear Mary & Jane Smith,

Mary Smith and Jane Jones; Dear Ms. Smith and Ms. Jones,

Who pays court and lawyer fees if you are found guilty in a civil lawsuit?

Respondents are not found "guilty." That word is usually reserved for criminal trials. They may be found "liable" or "at fault" or some similar expression. In my jurisdiction, respondents who lose their cases are usually required to pay "triple damages," the legal fees of the plaintiff, and some sort of punitive damages, which are based upon the seriousness of the bad behavior and the ability of the respondent to pay.

What is the real purpose of filing a motion?

The real purpose of filing a motion is to communicate to the court intentions or request for an intervention from the courts. This may include interpretation of a law, dismissal of charges, change of time or venue and so much more.

Can a doctor get sued if you get pregnant after a tubal ligation?

Of course, and most likely he should be sued. But it is not a guaranteed win. The medical profession acknowledges that some tubal ligations reverse themselves somehow without it being the fault of the doctor. More than likely it is the doc's fault, but it is not so in every case.

Do you have to report a legal settlement payment to the IRS?

You really need to consult a tax expert and check your particular situation. Certain types of lawsuit settlements are taxable income, and others are not. Without knowing the specifics of the settlement, I'm not sure anyone can give you an accurate answer.

ANSWER: Before consulting a "tax expert" on any tax liability you should know for yourself whether you are liable or not. A "tax expert" has no legal authority to assess your tax liability and is certainly not doing so when you walk into his office. The minute you approach any "tax expert" they are operating under the reasonable assumption that you are liable for a tax and subject to the tax laws of which they claim expertise. If you are not liable it is not their responsibility to know that, that is your responsibility. If you are not liable for a tax nor subject to the jurisdiction of a tax collector who claims you owe a tax then a "tax expert" can not help you. It is not within their field of expertise to help non taxpayers and all they can really do is help taxpayers become tax compliant. If you are a non taxpayer who's been harassed by a tax collector it is unfortunate that there are no "non tax experts" out their, unless of course, you count all the internet sites who claim they can help you. The taxation and revenue laws are a complex code written precisely so it can not be understood and it doesn't take much effort in a court of law to prove to a jury that these laws can not be understood. If no one actually understands these laws it's not certain who is actually subject to them and made liable for a tax. One has to be able to understand the law he has been made subject to before he actually is subject to it. Forget the experts, educate yourself and save yourself more money than you would have ever imagined.