The legal world is a confusing arena where only those with experience in Latin and proper training can maneuver. At some point and time, you will need to have an attorney intervene on your behalf. Whether you need a will, or a deed transferred, the use of the legal community is unavoidable. With this vital system being so important, what are the most commonly asked questions of lawyers? Here is a list of the most frequent legal inquiries.
1. Can I Sue Someone for Defamation of Character?
Hollywood has glamorized the term “defamation of character.” While you can sue for this reason, you will need a great deal of proof to back up your claim. There must be evidence, like in written form, to take your case to court. The argument must libel or slander. To collect damages, you must show how the other party’s actions caused you emotional turmoil or a monetary loss.
2. Do I Have a Malpractice Case?
Every time a doctor, nurse, or medical facility makes a mistake does not give you grounds for a lawsuit. In fact, many people feel they have an ironclad case when in fact they have nothing. Doctors are human beings too. They are allowed a certain degree of trial and error when making diagnoses or doing procedures. The only time you can sue for malpractice is when they failed to provide services, and it costs you significantly. For instance, they leave a sponge or surgical instrument inside during surgery. You cannot sue if they didn’t make your diagnosis as quickly as you would have liked.
3. Can I Sue My Employer for Firing Me?
Employment law is a gray area. In some states, like Ohio, you are considered an “at will” employee. This type of verbal agreement means that either you or the employer can terminate your employment at any time without reason. Now, if your employer discriminated based on age, gender, religion, ethnicity or another reason, then you may have grounds to sue. You must show proof that you were a good employee and they had no reason to fire you. If an employer has a paper trail that documents warnings, excessive absences, or that you have not preformed your job as required, then it’s unlikely you will be successful in a lawsuit.
4. Do I Need My Spouse To File Bankruptcy with Me or Can I do it Alone?
You can file for bankruptcy protection from the court without your spouse. However, if the bills listed are in both parties’ name, only one person will be exempt from paying that debt. The lender can still come back to the other party. If one person has debts that do not affect the other party, then they can file solo.
5. My Child Doesn’t Want To Visit Other Parent. Do I Have To Make Them Go?
A child doesn’t have a choice not to see the other parent, especially if the court has deemed the other person fit. If the parent is unfit, you cannot make that decision. All visitation arrangements must go through the court, and unless a child is above the age of 12, then they don’t get to make decisions for their wellbeing.
6. My Relative Died Without a Will, What can I do?
The assets of the deceased automatically go to the spouse, if they are living. If there is no will and there is no executor or person appointed, then the estate will go to probate court. The probate court will decide how to allocate assets to all involved parties.
7. Can I Be Charged with Credit Card Fraud if I Don’t Pay The Bill?
In most cases, credit card debt is never considered fraudulent when not paid. However, if the card was opened and not one payment made, if the card was opened using someone else’s information, or there were other deceptive means used to open the account, then the credit card provider can act.
8. Am I Responsible For My Child’s Actions?
Parents are responsible for their child’s actions. However, if a child steals a car or murders, someone, a parent cannot be charged criminally, but they can be held civilly responsible. Any damages caused by a child is the duty of the parent to pay.
9. Can I Divorce A Mentally Ill Spouse?
Yes, you can file for divorce for any reason. The law cannot make you stay married to someone that you don’t love. Some states have clauses regarding mental illness, and someone may need to be appointed to take care of someone if they are unable to fend for themselves. However, you can end your marriage without a problem.
10. May I Sue A Creditor For Harassment?
Creditor harassment is a huge problem, and yes you can sue them for it. You need proof of the harassment and show that it violated your rights under the protection laws.