We help connect people with the legal advice they need when they need it. There are some common legal questions attorneys get asked frequently. The best way to get an answer to your legal query is to complete our contact form and get connected with an experienced attorney. Below you will find general responses to common incidents our clients have faced.
Auto Accidents
What information should I document after a car accident?
It’s important to document the location, time, and date of an accident. You should also write down the names of all parties involved and their contact details. This should include any witnesses to the incident. Write down a description of the cars involved and any injuries that were sustained. Be sure to get the insurance information of the other party or parties involved in the accident, you will need this information to cover repairs or medical bills.
Should I take responsibility for an accident if it was my fault?
Speak to a lawyer and your insurance company before taking any blame. Anything you say to the other party in an accident or to the police could be used against you.
Bankruptcy
What is bankruptcy?
A bankruptcy is a federal court process that helps consumers or businesses eliminate or repay debt. There are different types of bankruptcy filings including Chapter 7 and Chapter 13.
How does bankruptcy impact credit?
A bankruptcy will remain on your credit report for seven or more years. It will significantly bring down your credit score, making it difficult for you to borrow money.
How long does the bankruptcy process take?
It can take four to six months for a Chapter 7 bankruptcy and three to five years for a Chapter 13 bankruptcy.
Will I have to appear in court?
About 30 to 40 days after you file for bankruptcy you will be required to attend a hearing.
Breach of Contract
Are you required to appear in court for a breach of contract?
The other party involved can pursue a breach of contract, which would require you to appear in court.
Who pays attorney fees for a breach of contract?
The party that breached the contract is generally ordered to pay the attorney and court fees if you win the case. You should be prepared to pay your attorney fees in case you fail to win your breach of contract case.
Child Custody
Does custody go to one parent?
It is common for courts to award “joint custody,” which means that at least partial custody is awarded to both parents.
Can we transfer child custody without a lawyer?
A written agreement between you and the other parent must be presented to the local court for a judge approval. Be sure to include the most important points and get the document signed in front of a notary public.
Criminal Law
How is sentencing determined?
Sentencing for a criminal offense is influenced by three factors: the type of crime, sentencing guidelines and statutory recommendations for the crime, and your criminal history.
What are Miranda rights?
Your Miranda rights come into play during police questioning. You have the right to remain silent and have the right to an attorney. If you cannot afford an attorney, then an attorney must be provided free of charge.
Where can I check if there is warrant out for my arrest?
A professional bondsman in your state can find out information about an active warrant out for your arrest.
Divorce
How much does filing for divorce cost?
It typically costs between $100 and $350 to file for divorce. A response to a divorce petition costs another $100 to $200.
Will I be required to attend court?
If the divorce is not contested and a marital settlement agreement is filed, you might not have to go to court. However, the court is allowed to request an informal or formal hearing.
How is custody decided during a divorce?
Parents can typically come up with their own custody agreement. If there is a dispute about custody, the custody decision is made by a family court judge. The judge will consider what is in the child’s best interests, including who has been the child’s primary caretaker, and the child’s preference if they are a certain age.
DUI
Will I serve jail time for a DUI?
Most states don’t require jail time for a first DUI offense but do for a second DUI.
Could I lose my license because of a DUI?
You will lose driving privileges temporarily. First time offenders can expect to lose driving privileges for about 90 days. If you have prior DUI convictions, you could have your license suspended for one year or revoked.
How long does a DUI stay on your record?
A DUI can stay on your record for five years, but this varies from state to state.
Is a DUI a felony?
A first time DUI is usually a misdemeanor. You could be charged with a felony if your DUI was related to an accident or caused someone injury.
Identity Theft
What is Identity Theft?
Identity theft is when someone steals your personal information and pretends to be you or assume your identity. Identities are often taken to get credit cards, take out loans, steal money, open accounts, or get a job.
What should I do if my identity is stollen?
Contact the three major credit bureaus if your identity is stolen and freeze your credit. You will want to review your credit report and dispute any fraudulent transactions.
What rights do I have as the victim?
The Fair Credit Reporting Act (FCRA) provides rights to victims of identity theft. Contact your credit card company, lenders, and bank if you have suspicion of identity theft or fraud.
Labor & Employment
What is the Fair Labor Standards Act (FLSA)?
The Fair Labor Standards Act establishes standards regarding minimum wage, overtime pay, child labor, and recordkeeping.
Can my employer fire me if I become pregnant?
An employer who has 15 employees or more can’t fire you, because you are pregnant. Your employer must allow you to work as long as you are able.
Lemon Law
What does the Lemon Law cover?
You can receive Lemon Law relief if you have purchased a product with a defect, nonconformity, combination of defects, which are not repaired within a reasonable amount of time. A car does not need to break down to be considered a lemon. Lemon laws vary from state to state, so you should consult an attorney about your rights.
How long do I have to bring a lemon law claim?
There is a specific period of time you have to report a problem after delivery of the vehicle, but you don’t have to file your lawsuit during that timeframe. It is advised to file sooner rather than later.
Medical Malpractice
What is the statute of limitations for a medical malpractice case?
State law dictates the statutes of limitations for medical malpractice cases, but ranges from one to seven years. The timeframe depends on the circumstances of the alleged malpractice.
Personal Injury
What is personal injury?
Personal injuries come as a result of another person’s negligence, carelessness, or recklessness. It can entitle you to financial compensation for expenses you incur due to the injury.
Can you explain the difference between compensatory and punitive damages?
If you are awarded compensatory damages, you will receive funds to cover lost wages, medical care, and pain and suffering. If you are awarded punitive damages, you will receive funds beyond simple compensation. It is awarded to punish the defendant.
Real Estate Law
What things should I know before buying a home?
Always check the damage report. You should also make sure that any thing that is supposed to come with the house is included in the contract, that can include appliances like a washer and dryer for example. A property attorney can help you with the home buying process.
What should I know before selling a home?
You should consider what is the absolute lowest price you will accept for the home. You will want to verify there are no claims or liens against your property. A home inspection will be required. If you want to avoid surprises that may bring down the price you receive for your home, you can order your own home inspection and share the findings with potential buyers.
What is due on sale clause?
A due on sale clause allows a lender to demand full repayment of a loan if the borrower sells the collateral that is used to secure the loan.
Visitation Rights
Are grandparents entitled to visitation?
There is a grandparent visitation statute for every state. A grandparent can ask the court to grant them the legal right to maintain a relationship with their grandchildren. However, all courts show preference to the parent’s wishes regarding grandparent visitation.
Wills and Estates
What happens if a person dies before making a will?
If a person does not have a will, then that person’s assets are distributed based on the laws of the state. Laws vary from state to state, but generally the law is that assets would pass the deceased person’s spouse.
What is the difference between a living and last will ?
People have a living will to give healthcare instructions in the event they are unable to make healthcare decisions themselves. This can cover whether to resuscitate or if life support is desired. The purpose of a last will is to cover the distribution of assets after a person passes.
What does power of attorney mean?
Power of attorney (POA) gives legal authorization for a designated person to have broad or limited authority to make decisions about another person’s property, finances, or medical care. The POA is often used when the principal can’t be present to sign necessary legal documents for a financial transaction.