Has anyone been able to sue for malpractice after the statute of limitations?
If the statute of limitations has run, the case cannot be brought. It is possible to show periods of time when the statute of limitations has tolled and shouldn't be counted against the time frames. Please consult an attorney that specializes in the type of malpractice you are looking for redress for.
No, there is no consideration for this promise as you are giving nothing in exchange for this promise (in your hypothetical). If you reasonably relied on the promise to your detriment, you may have a promissory estoppel argument to enforce the promise.
This is America. You can sue anybody for anything. Really, really. I doubt you'd get anything though.
Yes, however such allegations are often difficult to substantiate even in a small claims case. Judges are generally reluctant to grant monetary recovery awards unless the plaintiff can prove a financial hardship was created due to the defendant's actions. Sure, you can. The answer above is totally true.
What is the difference between criminal defamation and defamation?
Ordinary defamation is saying something bad about someone else, when you know it to be false. You can be sued for this. Spreading rumors about someone to ruin their business is one example. Claiming that Joe's Stereo Shop installs stolen car stereos might be an example.
Criminal defamation is when the defamation rises to specific allegations that essentially constitute something akin to perjury. It also seems to occur when people form a conspiracy to destroy someone else. Spreading rumors that Josephine's Child Care is run by molestors in order to cause a police investigation might be an example. Here you could get sued and go to jail.
Criminal defamation laws are on the books in about half the states in the US but are common in other countries. Usually we hear about criminal defamation when a politician with clout is under attack in the newspapers. The politician convinces a friendly district attorney to charge the editors and writers with criminal defamation in order to chill their reporting. The appeals courts usually overturn these cases. Overseas, such prosecutions are common and are extremely harmful to the press.
Criminal defamation has been used [rarely]when people (usually teens) do outrageous things to tear up their peers or teachers on MySpace or Facebook.
Is it illegal to shout fire in a burning theater?
You can if there is a fire, but if you shout fire when there isn't one, raising a false alarm, people will dial 911, everything will turn into chaos and people could be injured. You could be sued for any damage or injuries, if not charged with several crimes.
A "tort" is a civil offense whereas 'assault" is a criminal offense, the two are not compatible.
What is the Texas statute of limitations on judgments?
Texas Code of Criminal Procedure Article 12.01 Felonies Except as provided in Article 12.03, felony indictments may be presented within these limits, and not afterward: Arson: 10 years from the date of the commission of the offense.
What happens if I have an accident and the other person has no insurance?
If the driver who has no coverage is involved in an accident that is his fault, he can loose everything he owns and everything he will make in the future to repay damages he has done to the other party.
What is the time limit to file wrongful arrest and detention law suit?
Usually this type of complaint is handled during a trial with the arrest being ruled eithe legal or illegal. Time constraints depend on where you are as statute of limitation laws are different in different areas.
Can you sue for a band aid in your food?
Yes, you can sue, because it should be against permit policiy. :)
It is also a safety hazard because it could contain blood from someones body that could be contaminated with all sorts of disease, potentially making you very ill.
You can't sue just because it is there. You would need to claim some kind off damage from it.
Most restaurant owners will feel genuinely embarrassed by it and offer some compensation as a customer satisfaction issue as well as to prevent publicity and reports to the board of health.
Most elementary/middle/high schools get out of school around mid-June and go back either the last week of August or first week of September.
Colleges/universities that are on semesters get out in early to mid-May and go back at the end of August. Schools on quarters usually get out at the end of June and go back at the end of September.
If a friend drives your car and gets into an accident will you be sued by the opposite party?
the driver is liable
However if you have insurance that covers the other person by name or "any other driver" then a claim can be made against your insurance. This would make a great court case depending in which state this accident takes place!
A breach of contract is just that, a failure to abide by the agreement. A tort refers to damages that can be shown when there was no specific contract. Depending on the jurisdiction some actions may be brought as a breach of contract or a tort, or specify which is appropriate. An example is when someone is injured by something under warranty.
Depending on the severity of the damages, it's negligence or gross negligence.
Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties. A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents. For instance, if somebody throws a ball and hits a pedestrian in the eye, the pedestrian may sue the ball thrower for losses occasioned by the accident (for example, costs of medical treatment or lost income during time off work). Whether or not the pedestrian wins will depend on whether he can prove the thrower engaged in tortuous conduct. If the person threw the ball at the pedestrian on purpose, the pedestrian could sue for the intentional tort of battery. If it was an accident, the pedestrian must establish negligence. To do this, the pedestrian must show that his injury was reasonably foreseeable, that the thrower owed him a duty of care, and that the thrower fell below the standard of care required of him. One of the main issues in negligence law is determining the "standard of care" - a legal phrase that means distinguishing between when conduct is or is not negligent.
How much of an award is given if a person is wrongfully terminated because of a disability?
The elements of such an award will depend on the laws of the state and the federal Americans with Disabilities Act. (ADA). An award of damages in this kind of suit can consist of legal and equitable relief. The legal relief would consist of compensatory and possibly punitive damages as well as an award of plaintiff's counsel fees. Compensatory damages would include monetary losses incurred as a result of the termination, such as back pay, expected increases in pay, lost bonuses, costs of finding a new job, etc. Also sometimes, wrongful termination laws provide for automatic doubling or tripling the compensatory damages. Punitive damages could be like a fine payable to the plaintiff, not the state, against the company because the termination is an intentional action that is illegal. If the compensatory damages are increased, punitive damages might not be awarded, since the doubling or tripling of compensatory damages has the effect of punitive damages. Plaintiff may be awarded money to pay the lawyer. (that one is my personal favorite part of the damages). This is important because many jurisdictions do not make the loser of a lawsuit pay the winner's legal fees. Equitable relief would be something like restoration to position, increase in rank or restoration of sick days, personal days, vacation days that would have been earned if plaintiff had been working all that time.
What is the relationship between criminal law and law of tort?
There are two types of codified law: CRIMINAL LAW and CIVIL or TORT law. In other words, the terms 'civil' law and 'tort' law are the same. Torts are injuries to private persons with remedies pursued through the civil law process. Crimes are injuries to society with penalties imposed by the criminal process. See the related links below for discussions of most of the issues involved in this questions.
How much should you sue for a severely burned scalp and hair?
It depends. First you can sue for them burning your hair, and that alone is a hefty amount. And then you add the mortification you experienced by this mishap, and you're probably going to get a good $10,000.00 plus. But then you have to minus lawyer fees, court fees, so all in all, you'll end up with a couple grand. Would you say that it would make up for the humility you're subjected to?
Which type of court case involves a non-criminal dispute between individuals?
i was looking for the same answer....
Is breaking a signed contract a civil crime?
If you can't convince the police that you didn't sign it, then yes it is.
What happens if defendant doesnt show for court?
In all probablity the judge will issue a warrant for his/her arrest.
Can an American living in Mexico sue a citizen of the US?
In US Federal court, yes. As can US Americans sue Mexican Americans.
What is the difference between absolute immunity and sovereign immunity?
The difference of absolute immunity from sovereign immunity is that all personal civil liability without limits or conditions even as a requirement of good faith and compare qualified immunity are exempted. Meanwhile, sovereign immunity is the absolute immunity of a sovereign government that prevents it from being sued.
You could. They will just issue a subpoena. And it just adds to the cost of the whole proceeding, which increases the legal bills on both sides. And it wouldn't look good to the court or the jury if brought up in court.