Why Hire a Personal Injury Lawyer El Paso with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Personal Injury Lawyer El Paso appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Personal Injury Lawyer El Paso law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
How to Win a Contract in 10 Easy Steps
Every employee finds themselves in one situation or another where they require employment law services. Whether it is discrimination at work, bullying and harassment, maternity and paternity issues, compromise agreements, dismissal, redundancy, whistle blowing, etc, these solicitors provide the legal expertise to help you protect your interests.
In every employment contract, there are a large number of details that are sometimes hard to understand especially for a layman. This is why most employment law services will suggest and indeed, contraindicate, one signing off on a contract before they have consulted an employment law solicitor. This is especially the case when one is getting into a long term employment contract. It is important that as one does so, they are fully aware of all the finer details enshrouded in the contract.
Employment law services cater adequately to negotiations and as such, retain qualified staff that are experienced and trained in negotiating. Because this is the most critical part of the process, ensure you retain only the best counsel. Once the negotiation proceedings are under way, you will have an opportunity to articulate your grievance to your employer and attempt at a bipartisan settlement. More often than not, most employers will gun for a settlement at this point as it represents the fastest, cheapest and most convenient way of settling the matter, for all parties involved.
Understanding the Close CorporationQUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
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Child Custody: 25 Stupid Mistakes to Avoid!
70/30 physical custody schedule is a schedule often chosen by parents or the court. With a 70/30 schedule, your child will spend 70% of their time with one parent and 30% of their time with another. This schedule allows for your child to spend the majority of time with one parent but still be a significant part of the other parents life.
Below are two existing time schedules for you to consider if 70/30 custody works best for your situation:
Every Third Week
This schedule works by having your child live for two weeks at one parents home and then one week at the second parents home. A great benefit of this schedule is your child still spends time living with each parent for longer time periods.
This schedule can be harder because only one parent has the weekends. Sometime the parent who has the child during the week, often feels like they do all the hard work while the other parent gets to play. However, this schedule is great if it works for all parties involved especially if one parent works on the weekends or travels frequently.
The 70/30 physical custody schedule is a great option and there are other choices out there of time schedules. The important thing for you is to research all your options so you can make the best choice for your child.
White Collar Crimes - Fraud
Many of the most prominent names in business are organized under the business structure known as a corporation. A corporation, aside from being a means of organizing a business, is a way of structuring a company in a way that gives it many of the legal rights of a real person. A corporation can be made of a single person or of a group of people. Corporations that are made up of a single person are known as "sole corporations" while those made up of a group of people are known as "aggregate corporations."
In the eyes of the laws of the United States, a corporation exists as a factual person. As such, the structure of a corporation provides protection to the actual people involved in the corporation itself. The limits on the liability of the individuals running a corporation or comprising one are some of the greatest benefits of a corporation. As such, the protections serve as a huge benefit for smaller businesses and organizations to incorporate. The incentives are greatest for those individuals involved in a trade that is subject to a lot of litigation, like medicine.
Another option for a corporation is to be a non-stock corporation. This means that the corporation does not issue stock to individuals. This form, understandably, is more likely to be found in companies that comprise a single individual.
Will Disputes Lawyers
White-collar crimes once referred to illegal acts committed by business people in the course of their employment. However, now any non-violent and sophisticated economic crime would qualify as a white-collar crime. As a rule, white-collar crimes verlap with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.
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Maryland Custom Home Contract Requirements
Amputation is an acquired condition that results in the loss of a limb, usually from injury, disease, or surgery. Congenital (present at birth) limb deficiency occurs when an infant is born without part or all of a limb. In the US, 82 percent of amputations are due to vascular disease, 22 percent to trauma, 4 percent are congenital, and 4 percent are due to tumors. According to the Agency for Healthcare Research and Quality (AHRQ), about 1.9 million individuals in the United States are living with an amputation, with approximately 113,000 lower limb amputations performed each year.
A physician may recommend amputation if you have a cancerous tumor in your limb. Chemotherapy, radiation, or other treatments may be used to destroy the cancer cells. These treatments can shrink the tumor and may increase the effectiveness of your amputation.
Law - Blue-Collar Crimes
One of the areas of greatest confusion is the difference between Professional Indemnity, General Liability and Product Liability Insurance. Professional Indemnity Insurance provides coverage for professionals (corporate or individual) for any negligent act, error or omission alleged to have occurred while in the performance of their professional activities and duties. It differs from General Liability and Product Liability Coverage in that the acts covered are those acts performed by an engineer, architect, doctor or attorney in rendering professional services to their clients. To better understand this coverage we will have a brief discussion below of Product Liability, Professional Indemnity and the application of the latter and how it functions.
A. Product Liability
Product Liability is the legal responsibility of a manufacturer to a consumer of its' product. Liability arises out of the negligent manufacture of a product including defective or faulty workmanship, materials or components. It is a liability that arises from the failure of a manufacturer to properly manufacture, test or warn about its product and occurs when the product departs in a negligent manner from its intended function.
Firstly, Professional Indemnity is a third-party coverage that is a liability cover, not a property cover, which is provided to the assured for the claims against the insured from third party claimants.
Secondly, while coverage attaches from the beginning of the design phase of the project, a claim will not be until after delivery of the product and the product has left the premises of the assured.
Coverage for liability which occurs in the assureds' workplace must be found elsewhere, such as the General Liability, Builder's or Contractor's All Risk or Protection and Indemnity policies.
Thirdly, of course the claim must arise out of a failure in the professional services provided. There is some limited coverage afforded under the Professional Liability for faulty workmanship, materials and/or components. Also, included in the Product Liability cover would be any claim for defective materials or components, defect in manufacturing, or workmanship.
Fourthly, any inadvertent, non-intentional breach of a patent or copyright infringement is also covered under this policy.