All Posts in "CIVIL LIABILITY CASES"

About the Americans With Disabilities Act

The Americans with Disabilities Act of 1990 can be a civil rights act that protects disabled individuals living and dealing in the United States. The purpose of the act ended up being to set a specific definition of disabilities and prevent discrimination judging by disability. The act tries to provide an obvious mandate prohibiting the discrimination against those that have disabilities, provide standards for enforcing standards describing disability and discrimination, also to ensure government assistance in enforcing the standards established.

The Americans with Disabilities Act clearly states that:

  • Disability is defined as a “physical or mental impairment that substantially limits several major life activities of the person.
  • Major life activities include bodily functions and actions (like walking, breathing, ).
  • Individuals with mental or physical disabilities might not be discriminated against or prohibited from playing elements of society.
  • Discrimination exists in social areas such as employment, housing, transportation, education, health services, recreation, voting, and social services.
  • Employers may not discriminate against a person with disabilities. This includes discrimination concerning job applications, hiring, advancement, compensation, training, and also other terms of employment.
  • Public buildings must provide easy access to people with disabilities.
  • Employers should provide “reasonable accommodation” for people with disabilities, including renovation of existing facilities for easier access, shifting work schedules, and modifying devices, training materials, as well as other articles of a niche for ease-of-use.

Individuals with disabilities have a reasonable expectation of participation in society as well as the Americans with Disabilities Act goes further toward guaranteeing equality for … Read the rest >>>

Joshua Brown by — June 11, 2020 in Breach Of Statutory Duty Health And Safety
4 Tips for Dealing with Mental and Emotional DUI

4 Tips for Dealing with Mental and Emotional DUI

Arrested because DUI is never easy. You may have to deal with a suspended license, large fines, mandatory community service and a trial period. Along with the legal consequences of DUI, the guilt, shame, and worry that you feel after arrest related to DUI or DWI can overtake your life for days, weeks, or even months.

Although there are various legal steps that must be taken when dealing with DUI, it is very important to put your mental and emotional health at the top of your list of priorities. The mental afflictions you feel are very real, and they should be inclined. Here are four tips for dealing mentally and emotionally with DUI.

1. Talk To Your Lawyer

In a situation like this, everyone wants to know what’s in the store. If you are like me, knowing what you can expect even if you don’t like it is far better than being taken off guard on the road. For this reason, I recommend talking to your lawyer after the trial. A reputable and trusted DUI lawyer will go through this process many times and will be able to tell you what you can expect. I still remember how much talking to my Seattle DUI lawyer personally made me comfortable. Talking to my Seattle DUI lawyer allowed me to find out the facts and make a plan. Having an attack plan for future problems makes them easier to handle.

2. Discuss This Problem With Friends And Family

DUI is something that … Read the rest >>>

Joshua Brown by — January 11, 2020 in Civil And Criminal Liabilities
How to Win Big in Court

How to Win Big in Court

You want to win big in court. Guess what – so does the other side! They may not have your tools, though.

When you go to court, you have only one thing you want at the end of the case – a court order.

Everything else is fluff and filling. If you go into court with a complaint against your neighbor and you spend a lot of time talking about the angry looks he gave you while you walked your dog or his pot shots at your kids when they went past his property, if these are not part of your petition, you are setting yourself up to lose.

You need to keep your eye on the ball, so to speak.

A complaint in law has certain specifications identified in the law. For instance, if you want to bring a complaint regarding someone taking your property and using it as though it was his own and preventing you from using it, which materially affected you so you can set a monetary value to the damages, this is called “conversion.”

To prove conversion in court, you must establish that the property is yours, that the property was deliberately taken and used by the defendant, that you were deprived of the property and its use, and this deprivation was damaging to you. These four elements must be present to prove your case.

If you go to court and instead spend all your time talking about how rude the guy was, but do … Read the rest >>>

Joshua Brown by — August 3, 2019 in Corporate And Civil Legal
Federal Debt Relief Laws – How New Laws Encourage Consumer Debt Clearance Deals

The majority of the Americans find themselves struggling with overwhelming debts day by day due to the recent economic depression. In their depression, many consumers have selected debt settlement companies which show them up in big advertisements and ultimately ended up in sinking them deeper into debt. In this situation they did not find any remedy than filing a bankruptcy case. That is the only way out to be free of getting harassment calls from the collection agencies.

Bankruptcy neither does any good to consumers, nor to the creditors. It blocks the whole financial future of the victim as well as causes the gradual downfall of the financial establishments. The introduction of new  meant to minimize the above cycle growing too far.

In the past, the creditors did not like to have settlement deals with debt relief companies because they wanted the consumers to pay them in full. But recession turned their expectations upside down as the consumers started filing bankruptcies instead. This alarmed the creditors and they understood that they will not be able to recover at least a portion of money that was owed, if they continue their aggressive way. Thus, the new federal debt laws assure that though the consumers pay their debts in half way, their account will be settled as a ‘payment made in full’.

Under the new laws, the protection of the consumer is guaranteed at the beginning of the debt settlement program. The F.T.C. laws prevent the debt relief companies from charging on … Read the rest >>>

Joshua Brown by — May 15, 2019 in Corporate And Civil Legal
Free Debt Help – How New Bankruptcy Laws Make Debt Settlement a Popular Option

What are the various points because of which debt settlement has overtaken bankruptcy as the most popular debt relief option? The first modification made by the 2005 amendment was the compulsory credit counseling session done within 180 days of filing of a chapter seven bankruptcy.

If the government approved expert does not agree to such a move, you obviously are going to face a lot of problems. The credit counseling session can come up with serious complications especially after you have filed for bankruptcy.

As you would know, the 60 day period after bankruptcy is very important and the lenders invariably file dispute charges against the borrower with in this time frame. If the credit counseling session does not go in your favor, you certainly are going to end up with complications on your hand.

Secondly, the means test introduced by the law means that you will have to satisfy the court that you do qualify for chapter seven. Merely your opinion that you are facing debt problems is not going to suffice. The opinion of the court and the satisfaction of the judiciary matters a lot. In such a scenario, there is a possibility that your planning for chapter seven bankruptcy may go waste as the law may order you to go in for a chapter thirteen bankruptcy.

Thirdly, nobody wants to let go of their assets. However, hiding the list of assets from the court in a bankruptcy proceeding can be very dangerous. There is a possibility that … Read the rest >>>

Joshua Brown by — May 7, 2019 in Hit And Run Case Law