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Some of the cites we server are,
My Daughter Has Erbs Pasley Due To Birth Injury ? But Iwas So Young I Knew Nothing About Sueing Is It To Late?
She Is 14 Yrs Old
I'm afraid so. There's usually a 2 year statute of limitations on that sort of claim. Even if it's longer, it wouldn't be that long. Sorry.
ok, wait... different states say different things about when the statute of limitations begins to run. some states are really strict about it saying that it starts to run when the breach occurs (which is really hard for products liability since the thing might not be packaged shipped and bought before the 2 years expires... SoL would start running when the thing was manufactured). other states say that it starts to run when you have knowledge of the breach (like when the product breaks and injures you). and still other states will say that it starts running when you have notice of a causal connection between the act that was the breach and the injury. But that last is a minority. The rule I was supposed to learn for my torts class (for my exam that I just took in December) was the second one: that the SoL begins to run when the injury occurs. The case in our textbook refused to allow a lawsuit where this man was injured by the chemicals at the plant where he worked and he went to doctors who tested him and they couldn't give any tesitmony that there was a causal connection until a doctor that he went to 20 years later... even though that was the first time that he could bring a lawsuit, the SoL had already run because the SoL is a thing to limit the number of lawsuits... and because the courts don't want liability based on this after-the-fact knowledge because the employer wouldn't have known at the time that he had been using dangerous chemicals.
Even if, as my fellow answerer has stated, the SoL wouldn't start until you learn of the possible wrong doing, the SoL would have already run because you knew of the wrongdoing at the time when your daughter was born... the fact that you didn't realize you could sue doesn't matter to a court.
Even the information he states regarding the extension of the SoL for disabilities and infancy is flawed... I checked the website and it does say that, but there's a separate category for medical malpractice where it says 3 year SoL or 1 year from date of learning of the injury and that children can bring suit until they're 8... and 14 is older than 8
Actually, the information about the extension of the SoL for disability or infancy I did learn, it in regards to property law... disabled people can't make a lawsuit if their property rights are infringed, so they have until the disability has concluded before they have to sue... if that's their whole life, then their successor can sue.
I am very sorry about your daughter's injury and if you want to be sure, you should talk to a lawyer because the law in your state might say differently. but the law as far as I know, would not permit your lawsuit.
How Does Marxism Influence Family Law If Applied?
I'M Making A Research On How Marxism As An Ideology In Totalitarian States (Such As Former Ussr For Instance) Influences Family Law. I Would Be Happy To Know Your Ideas And Thoughts About It.
There is no peaceful co-existence between Communism and bourgeois law, and its social forms like the family.
The family plants the seeds of anti-social feelings and actions, because it attaches interest to a particular circle of accidental relationships at the expense of communitarian living.
The abolishment of private private was not only material, but legal, social, cultural as well. That's what a revolutionary change means: the complete removal of private barriers and locations.
The factory unit was the ideal form of social living, not the isolated, private family.
In fact, the early Reds were great advocates of abortion, abolishing marriage, dissolving families into communal units, moving women into full labor equality, having work place units provide child care.
I Have A Question For Lawyers Or Paralegals. (No Legal Advice)?
Ok I Am A Paralegal Student. I Am Having The Hardest Time Finding Out The Process In Which Evidence Is Admitted Into Court? I Have Been All Over The Federal Rules Of Evidence. I Know That A Judge Has To Approve The Evidence Right? Before It Can Be Admitted. I Also Know That The Opposing Party Can Object To The Evidence Being Admitted Into Court, And Of Course All Evidence Must Follow The Federal Rules To Be Admitted. But What Is The Actual Process. A Paralegal Cannot Admit Evidence Right? A Paralegal Can Only Get The Evidence In Order And Then Protect It For The Supervising Attorney Right? Also I Need To Know Where To Find This Information. I Am Trying To Learn Here Lol..So I Am Not Just Looking For A Quick Answer To My Question. I Would Like To Know Where I Can Find The Information. This Is For An Interview And Investigation Class, And The Text Box Gives No Information... Sorry So Long Winded Thanks.....
It depends on the type of legal work that is being done.
The evidence (documentary) can be attached to a pleading and needs to be authenticated with a declaration.
During trial, the attorney asks the witness about the particular piece of evidence (documentary) and then moves it to be admitted into evidence. An objection can be made by the opposing side (lack of foundation, hearsay, etc.) and then the judge rules.
When I Go To Court Tomorrow Can I Ask To Speak To The Prosecutor Or Ask For A Lawyer.
I Have A Court Date Tomorrow For D.W.I & Speeding 15Mph Over.I Have Asked For A Public Defender Was Told The Don't Supply Them(If You Can't Afford 1 They Will Apoint 1).I Already Postponed The First Date.I Don't Want To Just Take Whats Giving If It's To Harsh.I Admit I'm Wrong For This But I Was Only Slightly Above The Limit(No Excuse).I Am On A Set Income Of Disabilty & I Just Slide By.I Know This Is Wrong But I Don't Want To Be Rail Roaded Because I Have No Defense.Thank You.If It Matters I Live In Missouri(St.Louis).
Do not speak to the prosecutor about your case, you do not want to jeopardize incriminating yourself, they should have all they need to know for the case. Let the court know that you can not afford a lawyer and they will provide one, most public defenders have such a huge case load that it is hard for them to keep up with each case, so be sure to let the public defender know all the information that you can supply him/her that's not in the record.
Question On Child Visitation?
I Am 20 Years Old And So Is My Baby'S Father. Up Until May 2012 We Were Together But Broke Up To To His Lifestyle Practices. Our Child Is 2 Years Old And Sine We Broke Up He Has Barely Helped So Lat Week I Files For Child Support. I Live In South Carolina And Where I Live Child Visitations And Child Support Have Nothing To Do With Each Other. I Recently Told My Child'S Grandparents (His Parents) That My Child Is Not Welcomed Over Thee Until He Starts Helping. They Told Me Today That They Will Get Lawyers And Take Me To Court For Grandparents Visitation And For My Baby'S Fathers Rights. My Baby'S Father Even Told My Current Bf That He Should Take Care Of My Son Because We Are Together. Now Everytime My Son Goes To Their House There'S A New Pic On Facebook Of My Son With Gang Member Comments On Them Referring To My Sons Penis , Or Gang Stuff , Drugs And Guns. (I Was Thinking I Should Print All That Out) Also I Have Messages From My Baby'S Fathers Sister Saying That She Was Abused By My Sons Grandfather And So Was The Sister As Well I Was Thinking About Printing These Out With Her Permission As Well. What Do You Guys Think Will Happens If They Take Me To Court?
(Some odd answers here already.)
This section should help you out:
The law is clear that parents have a protected liberty interest in the care, custody, and control of their children, and that this is a fundamental right protected by the Due Process Clause in the United States Constitution. The court must give "special weight" to a fit parent's decision regarding visitation. A court considering grandparent visitation over a parent’s objection must allow a presumption that a fit parent’s decision is in the child's best interest. So long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parents children. Camburn v. Smith, 355 S.C. 574, 586 S.E.2d 565 (2003).
It basically means the courts will take your wishes into consideration should the grandparents seek visitation. That being said, you will need sufficient evidence to explain why you do not believe it is in the child's interest to visit with the parents. Though, it may be more that the grandparents have to prove why they should be allowed visits. You said abuse, but the courts may need proof. If the grandparents had an existing relationship with the child, the courts will take that into evidence.
Print out what you have seen. Make sure it's the full page and not just copy and paste. In case it is needed and the info is deleted, you will have it just in case. Also, what type of custody/visitation do you have with the father? You could go to court to have it modified if you don't believe it is in the best interest for the child.
Can I Trust An Online Paralegal Divorce Form Preparation Website?
I Am Divorcing My Husband And We Have A Child Together. He Lives In Another State And Im Just Not Comfortable With The Basic Forms Given To Me By The State. I Do Not Like The Custody Agreement. I Cannot Afford A Lawyer And I Don'T Know How To Write Up The Papers Myself. Im Wondering If A Website Like Divorcepapers.Com Is Reliable. It Is &Quot;100% Guaranteed&Quot; But Im Still Not Sure.
If it was just you and your husband with no children and no assets, can get a simple divorce.
But the problem arises with having a child and support. You can check out with the prosecutors office in the state where you live on child support, but do not know if this would work prior to a divorce or after a divorce is filed. Most prosecutors offices charge anywhere from $25 to $50 for this service.
The website might work, but be mindful, that they are not giving legal advice to you, since you need a "real" lawyer for that. This site might just have you list the assets that both of you have and also what both of you might agree to keep.