If you are injured as a result of someone else's negligence in a car accident, you are entitled to recover both economic and non-economic damages. Your economic damages would include medical bills, lost wages, and property damage to your automobile. Your non-economic damages would include the pain, suffering, and emotional distress that you have experienced as a result of the injuries sustained in your accident. In addition your spouse may also be able to recover damages under a loss of consortium claim.
If you or a loved one has been injured in a car accident as a result of someone else's negligence, you should contact a personal injury attorney immediately. You can call my office at 546-0011 at any time for more information.
Tuesday, May 18, 2010
Supreme Court rules that juveniles can not be sentenced to life in prison for a crime other than homicide.
Yesterday, in the case of Graham v. Florida, the U.S. Supreme Court held that juvenile offenders charged with crimes other than homicide can not be sentenced to life in prison. The vote in favor of overturning the sentence of life in this particular case was 6-3 with Justices Kennedy, Stevens, Breyer, Sotomeyer, and Ginsburg writing the majority opinion. Chief Justice Roberts, who was the sixth vote, wrote a concurring opinion in which he makes it clear that although he agrees that the penalty of life in prison in this particular case was cruel and unusual, he would not go as far as the other five justices and would instead limit the Court's holding to the facts of this particular case. Justices Thomas, Scalia, and Alito dissented.
R.P. asks what are reasonable fees for a divorce attorney?
Fees can vary widely, and they often depend on both the complexity of your case and whether or not the divorce will be agreed or contested. Some attorneys charge as little as $350.00 for an Agreed divorce with no children. However, most attorneys require a significantly higher retainer for contested matters, and most attorneys also charge by the hour for contested divorce matters. I currently charge a flat fee for representation in an Agreed divorce (i.e. where the parties agree on ALL issues and sign a Marital Dissolution Agreement and a Permanent Parenting Plan if applicable) of $350.00 if the case involves no minor children, and $500.00 if children are involved. However, I currently charge an hourly rate of $175.00 per hour for contested divorces, and I require an up-front non-refundable retainer of at least $1,750.00 in such cases. These fees are always exclusive of court costs, and if a complaint needs to be filed the filing fee will also need to be paid up front by the client.
Friday, October 23, 2009
Obtaining a conservatorship over an aging and mentally disabled parent.
Question:
V.B. asks "What exactly would i have to do to get power of attorney over my mother? she is older and has legally been deemed incompetent."
Answer:
First of all, I assume that you are wanting to exercise control over your mother's health care and financial affairs due to the fact that she is mentally disabled and is thus no longer able to make such decisions on her own. If that assumption is incorrect, then please ignore the rest of my answer. However, if my assumption is correct, then a power of attorney will not work because your mother would need to be of sound mind in order to execute the power of attorney. Instead, you will need to obtain a conservatorship over your mother. In order to do so, you will have to have to file a petition with the court, and you will have to have a physician who is willing to state that your mother is currently unable to handle her own affairs. Conservatorship proceedings can be complex, and I would highly advise you to hire an attorney to represent you in the conservatorship proceeding.
V.B. asks "What exactly would i have to do to get power of attorney over my mother? she is older and has legally been deemed incompetent."
Answer:
First of all, I assume that you are wanting to exercise control over your mother's health care and financial affairs due to the fact that she is mentally disabled and is thus no longer able to make such decisions on her own. If that assumption is incorrect, then please ignore the rest of my answer. However, if my assumption is correct, then a power of attorney will not work because your mother would need to be of sound mind in order to execute the power of attorney. Instead, you will need to obtain a conservatorship over your mother. In order to do so, you will have to have to file a petition with the court, and you will have to have a physician who is willing to state that your mother is currently unable to handle her own affairs. Conservatorship proceedings can be complex, and I would highly advise you to hire an attorney to represent you in the conservatorship proceeding.
I'm back!
I am sorry that it has been so long since my last post. I have been away from the office for the last couple of days, and prior to that I was extremely busy preparing a Rule 11 Application for Permission to Appeal to the Tennessee Supreme Court on behalf of one of my clients. However, I am back now, and I will try to be more diligent about posting regularly on this blog. Keep sending those questions.
Defendant's presence at a civil trial.
Question:
P.M. asks "Is a defendant in a civil complaint required to appear at trial?"
Answer:
Yes, a Defendant must appear at a civil trial if the Defendant wants to avoid having a default judgment rendered against him or her. A Defendant's failure to appear at his or her own trial will most likely result in a default judgment being rendered against him or her.
P.M. asks "Is a defendant in a civil complaint required to appear at trial?"
Answer:
Yes, a Defendant must appear at a civil trial if the Defendant wants to avoid having a default judgment rendered against him or her. A Defendant's failure to appear at his or her own trial will most likely result in a default judgment being rendered against him or her.
Friday, October 2, 2009
First Offense DUI penalties
Question:
J.Y. asks "What are the minimum penalties for a first DUI offense?"
Answer:
If you are convicted of a first offense DUI, you will spend anywhere from 48 hours to 11 months and 29 days in jail; you will be required to pay a fine of at least $350.00; you will be required to perform twenty four hours of litter removal; you will be required to attend a DUI School or victim impact panel; and your license will be suspended for one year (although you may be eligible for a restricted license). The State of Tennessee estimates that a first offense DUI conviction could cost you as much as $5,000 or more after all fines and fees have been paid. In addition, your car insurance rates will skyrocket if you are convicted of a DUI.
J.Y. asks "What are the minimum penalties for a first DUI offense?"
Answer:
If you are convicted of a first offense DUI, you will spend anywhere from 48 hours to 11 months and 29 days in jail; you will be required to pay a fine of at least $350.00; you will be required to perform twenty four hours of litter removal; you will be required to attend a DUI School or victim impact panel; and your license will be suspended for one year (although you may be eligible for a restricted license). The State of Tennessee estimates that a first offense DUI conviction could cost you as much as $5,000 or more after all fines and fees have been paid. In addition, your car insurance rates will skyrocket if you are convicted of a DUI.
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