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Liability Of The Action

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Fields of Law

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Legal Division

A cloud on a title can disrupt your real estate transaction

When you’re looking to purchase a property, there are a few things you need to be aware of to ensure a smooth transaction. Upon consulting with a real estate attorney, they will investigate a variety of issues that may come to halt the sale.  One of those things is the possibility of a “cloud on the title.” A cloud on a title refers to any issue or uncertainty that could affect the ownership or transferability of a property title.

Types of clouds that may appear in a title search

When closing on a property, one thing that a title company or closing company will do is send someone to the courthouse to review the property history – this is called a title search.  They are looking for any issue that may make the pending transaction not fully legal as the seller may not have the full right to sell the property for a variety of reasons.

There are several types of clouds that can appear on a title, including liens, encumbrances, and easements. Here’s a closer look at what each of these terms means and how they can impact a property title:

Liens: A lien is a legal claim placed on a property by a creditor to secure payment of a debt. This could include unpaid taxes, a mortgage, or a judgment against the property owner. If a lien exists on the property, the creditor has the right to foreclose on the property and sell it to recover the debt owed.

Encumbrances: An encumbrance is any interest in a property that limits the owner’s ability to use or transfer the property. This could include an easement that grants someone else the right to use a portion of the property or a restriction that limits the type of building that can be constructed on the land.

Easements: An easement is a legal right granted to a third party to use a portion of the property for a specific purpose. This could include a utility easement that grants a utility company the right to access the property to maintain power lines or a right-of-way easement that allows someone to use a driveway or path on the property to access their own land.

title deed

What happens if a cloud is found on the title?

When a cloud appears on a title, it can create uncertainty for both the buyer and seller. If a buyer discovers a lien, encumbrance, or easement on the property they wish to purchase, they may be hesitant to move forward with the transaction. Similarly, a seller may have trouble finding a buyer willing to take on the title with the cloud still present.

If you’re considering purchasing a property, it’s important to work with a qualified real estate attorney who can help you identify any clouds on the title and advise you on how to proceed. In some cases, it may be possible to resolve the issue before closing, but in others, it may require legal action to clear the title.

In summary, a cloud on a title refers to any issue or uncertainty that could affect the ownership or transferability of a property title. Liens, encumbrances, and easements are common types of clouds that can appear on a title. Working with a qualified real estate attorney can help ensure a smooth transaction and avoid any potential complications down the line.

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FROM OUR BLOG

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what is a cloud on a title?

What is a cloud on a title?

A cloud on a title can disrupt your real estate transaction

When you’re looking to purchase a property, there are a few things you need to be aware of to ensure a smooth transaction. Upon consulting with a real estate attorney, they will investigate a variety of issues that may come to halt the sale.  One of those things is the possibility of a “cloud on the title.” A cloud on a title refers to any issue or uncertainty that could affect the ownership or transferability of a property title.

Types of clouds that may appear in a title search

When closing on a property, one thing that a title company or closing company will do is send someone to the courthouse to review the property history – this is called a title search.  They are looking for any issue that may make the pending transaction not fully legal as the seller may not have the full right to sell the property for a variety of reasons.

There are several types of clouds that can appear on a title, including liens, encumbrances, and easements. Here’s a closer look at what each of these terms means and how they can impact a property title:

Liens: A lien is a legal claim placed on a property by a creditor to secure payment of a debt. This could include unpaid taxes, a mortgage, or a judgment against the property owner. If a lien exists on the property, the creditor has the right to foreclose on the property and sell it to recover the debt owed.

Encumbrances: An encumbrance is any interest in a property that limits the owner’s ability to use or transfer the property. This could include an easement that grants someone else the right to use a portion of the property or a restriction that limits the type of building that can be constructed on the land.

Easements: An easement is a legal right granted to a third party to use a portion of the property for a specific purpose. This could include a utility easement that grants a utility company the right to access the property to maintain power lines or a right-of-way easement that allows someone to use a driveway or path on the property to access their own land.

title deed

What happens if a cloud is found on the title?

When a cloud appears on a title, it can create uncertainty for both the buyer and seller. If a buyer discovers a lien, encumbrance, or easement on the property they wish to purchase, they may be hesitant to move forward with the transaction. Similarly, a seller may have trouble finding a buyer willing to take on the title with the cloud still present.

If you’re considering purchasing a property, it’s important to work with a qualified real estate attorney who can help you identify any clouds on the title and advise you on how to proceed. In some cases, it may be possible to resolve the issue before closing, but in others, it may require legal action to clear the title.

In summary, a cloud on a title refers to any issue or uncertainty that could affect the ownership or transferability of a property title. Liens, encumbrances, and easements are common types of clouds that can appear on a title. Working with a qualified real estate attorney can help ensure a smooth transaction and avoid any potential complications down the line.

Medical malpractice litigation

Do You Have a Malpractice Case if Your Doctor Overprescribed You Opioids?

If your doctor has overprescribed medication and you become addicted, then you are a victim of medical malpractice. You may be able to sue your doctor for medical malpractice if you become addicted after your doctor prescribed too many opioids, too often. 

Any injuries or harm caused by a doctor’s negligence in prescribing too many medications can result in the doctor being liable. The key to proving negligence is essential in a successful case.

Overprescription can lead to drug addiction

While many medications can be addictive, the risk of addiction is much higher with opioid medication and their overprescription. Both the pharmacist who dispensed the medication, and the doctor that prescribed it have a duty to ensure that addiction is prevented.

All of the following medications contain opioids:

  • Fentanyl
  • Hydrocodone
  • Heroin
  • Methadone
  • Oxycodone (OxyContin)
  • Codeine
  • Propoxyphene
  • Meperidine
  • Vicodin
  • Oxymorphone
  • Morphine

Because they alter brain chemistry, opioids can be very effective in short-circuiting pain. However, the drug can also cause dependence. Your body inserts the medication into its natural feedback loop. When you try to get rid of it, your body becomes unable to function properly and you experience withdrawal symptoms.

It is not easy to overcome opioid addiction. Many people suffering from opioid addiction are not addicted to the drug due to recreational use. They were prescribed the drug by their doctor, sometimes in excessive amounts and without proper monitoring. Any injuries caused by a doctor who prescribes too many opioids to a patient or fails to monitor them regularly can be considered at fault.

Legal consultation for medical malpractice

A doctor’s liability for drug addiction due to overprescription

At Lawyers Helping People we want you to know that an attorney can help you hold your doctor liable for a drug addiction you developed after they prescribed you too much of a medication. Four things must be proven in order for the case against opioid addiction to succeed.

  • A duty of care was owed to you by the prescribing doctor
  • Your doctor breached their duty to care by prescribing too many drugs, not monitoring you properly, or recklessly and negligently prescribing them
  • You developed an addiction to the medication because of the failure of your doctor
  • You were a victim of addiction and suffered losses, whether economic or non-economic

Duty of care

All patients are owed a duty of care by their doctor. This includes placing the patient’s best interests first, and taking every possible step to reduce the risk of injury or harm. A doctor must follow opioid prescribing guidelines when prescribing medication. This includes understanding the patient’s history or propensity to become addicted, prescribing appropriate dosing protocols, and identifying any medical allergies or contra-indications.

Violations of duty

If a doctor’s conduct or behavior is not consistent with what a reasonable person would do in similar circumstances, they are in violation of their duty to care. We can bring medical experts witnesses into a medical malpractice case to play the role of reasonable persons. Our experts can review the evidence and explain why your doctor overprescribed the medication you have received.

Addiction development

To be considered malpractice, a doctor’s negligence must cause or contribute directly to the injury or harm suffered. We must establish a clear connection between the doctor’s prescriptions and your addiction to the drug. This connection can be made clear by a variety of evidence.

Damages sustained

We must also list all the injuries you have sustained as a result of your addiction. The next step is to file a lawsuit against your doctor, requesting that they pay you compensation. You may be eligible for compensation for:

  • Medical bills
  • Lost wages
  • Reduced capacity for earning
  • Pain and suffering
  • Emotional distress

Conclusion

A doctor should be there to help, not harm you. If a doctor has negligently prescribed you an opioid containing medication, and you have become addicted, you have rights. Contact an attorney to discuss your case and schedule a lawyer consultation.

A hand passing a large golden key to another hand

The Legal Obligations of a Franchise Owner

The Legal Obligations of a Franchise Owner

Franchise ownership can be a lucrative and rewarding endeavor. However, it comes with a number of legal obligations that must be taken into consideration. 

Here at Lawyers Helping People we believe it is important to understand the legal obligations associated with franchise ownership. Here we’ll provide an overview of franchise ownership and discuss the various legal obligations of a franchise owner.

Defining legal obligations

When considering the legal obligations of a franchise owner, it is important to understand the Franchise Disclosure Document (FDD). This document is meant to provide potential franchise owners with important information that will help them make an informed decision about investing in a franchise. 

The FDD includes information about the franchisor and its affiliates. The franchise system, fees and franchise cost, the territory, the products and services offered, the franchise relationship, must be included.  

Additionally, all franchise owners must sign a franchise agreement, which outlines the terms and conditions of the franchise relationship. It will include information about the franchisor’s obligations, the franchisee’s obligations, the duration of the agreement, and any renewal provisions. 

It is important to read and understand the franchise agreement thoroughly before signing. It will dictate the terms of the franchise relationship.

State Laws

State laws must be complied with when owning a franchise. Depending on the state, franchise owners may need to register their franchise with the state and pay any associated fees. 

Furthermore, some states have laws that govern the relationship between the franchisor and franchisee. This may include disclosure requirements and restrictions on certain contractual provisions. It is important for franchise owners to research and understand the relevant state laws in order to ensure compliance. 

Federal Laws

At the federal level, all franchisors must comply with the FTC Franchise Rule. This rule requires franchisors to provide potential franchisees with a disclosure document. This disclosure contains information, including the franchisor’s financial statements, the franchise agreement, and the details of the franchise system. 

Additionally, the FTC Franchise Rule outlines specific requirements for the franchise relationship and any contractual provisions.

Tax Obligations

As with any business, franchise owners are also responsible for paying taxes on their income. Depending on the type of business structure, franchise owners may need to pay corporate income tax, as well as employment taxes for any employees they may have. It is important to understand the tax implications of owning a franchise in order to ensure compliance with federal and state tax laws. 

Business licenses and permits

In addition to taxes, franchise owners must also obtain any necessary business licenses and permits. For example, local business permits may be required in order to operate the franchise in the jurisdiction. Depending on the franchise type, there may also be other licenses or permits required before the franchise can begin operations. 

Contractual Obligations

There may be other contractual agreements that franchise owners are subject to. These obligations can include performance standards, such as customer service requirements, as well as non-compete agreements. It is important to read and understand these contractual obligations before signing the franchise agreement.

Several law related items, including the scales of justice and an open law book.

Insurance Requirements

Franchise owners must also comply with certain insurance requirements. Property and liability insurance are both recommended for franchise owners. This is in order to protect their business from any potential losses or damages. 

In some cases, the franchisor may require the franchise owner to carry certain types of insurance in order to operate the franchise. 

Compliance with trademarks

As a franchisee, you represent a larger corporation. Therefore, franchise owners must also comply with the franchisor’s trademarks. This includes using the franchisor’s trademarks correctly and avoiding any potential trademark infringements. 

If a franchise owner is found to be in violation of the franchisor’s trademarks, they may face legal action. 

Franchisor responsibilities

Finally, franchisors must also provide certain support and training to their franchisees. This includes providing assistance with marketing and advertising, as well as providing training for employees. Additionally, franchisors must also provide their franchisees with any promotional materials, such as flyers and signage.

Conclusion

Franchise ownership comes with a number of legal obligations that must be taken into consideration. Franchise owners must comply with state and federal laws, pay taxes, obtain necessary business licenses and permits, and comply with contractual obligations. 

Additionally, franchise owners must also comply with the franchisor’s trademarks and insurance requirements, as well as receive support and training from the franchisor. Understanding and complying with these legal obligations is essential for any franchise owner.

The best way to make sure you’ll be in compliance and ready for ownership is to schedule a legal consultation. A licensed and trusted business attorney will be able to answer any questions and address any concerns you may have.

lawyer consultation

How to prepare for a lawyer consultation.

Lawyer Consultation

 

When hiring an attorney for legal services, take steps to ensure that you are moving in the right direction. Make sure are hiring the right person for your case. You have to make sure that you are hiring the right person for your case. This is a careful step and you can’t just pick up anyone. You need to know how to prepare, choose, and ask the right questions. For this, you require to know your needs also. Your preparation will determine what kind of services you will be getting and when it comes to lawyers, there is no dearth of them.

Right attorney:

 

When hiring an attorney for legal services, take steps to ensure that you are moving in the right direction. Make sure are hiring the right person for your case.

Finding the right attorney is one of the most difficult tasks. Once you have weighed your option, this can still get a little complicated. Before you can have a consultation, you will need to choose a lawyer. You should prefer someone who specializes in your type of legal question. Your local Bar association may have a referral program. You can also ask your friends and family for a reference and if you have had a lawyer in the past, that would be much beneficial as the person can guide you to a better one.

 

Free consultation:

Going to the consultation and asking the basic question will let you pick the right option in the field. Though all the lawyers will make sure that you are satisfied, you have to weigh your options. Most of the lawyers offer a free consultation that gives you a chance to know whether he or she is the right person for you. This also depends on the needs of the case. A lawyer can be a good pick for one case but not preferred for another.

Knowledge:

You have to make sure that you know everything about the attorney. This may be intimidating in some cases but since you are paying the money, you need to make sure that it is going the right way. It is wise to ask questions about the attorney’s experience, find out about the firm on the website. Depending on your case, you can ask the lawyer questions that will certainly help you in understanding him. This may include how long has he been practicing the law, the experience with the type of your case, and the average verdict the lawyer has obtained.

The legal plan:

Once you have decided with the lawyer, the next step is to ask about the legal plan. This is a very common type of question. You should know how you are going to proceed legally. Find about the legal strategies and how long will it take to resolve it.

The legal plan:

Money:

This is the center part of every case. You will want to get the financial details and if different people are working on your case, this can be billed separately. Get the full picture of it and proceed accordingly.

Conclusion:

Before you go to a lawyer for consultation, you need to know the requirements of your case. Also, concentrate on the average verdict they have achieved in your type of case and the experience they have.

 

 

personal injury attorney

What should I do after a car wreck?

What should I do after a car wreck; when should you contact an attorney?

Accidents happen when we least expect them to occur. When you are involved in an accident, the first reaction will be confusion and shock. The last thing on your mind in that instant will be how to get compensation for your injuries and financial losses because you are likely to be in a lot of pain. However, it is important to know the steps you need to take to ensure that the person who put you in that situation compensates you adequately.

What should you do after a motor vehicle accident?

Once you have calmed down and composed yourself, the first thing you should do is to contact the authorities and seek medical treatment. You need to get examined by a doctor whether or not you think your injuries are critical. Some injuries may be life-threatening, but they may not be visible to the naked eyes.

Therefore, you need to have a doctor check you. Once you have seen the doctor, you should ensure that you strictly follow the physician’s instructions regarding medication, extra tests, and check-ups. It is important that you follow the doctor’s orders because if you do not do so, the insurance company will use it against you by claiming that the injuries were not as critical as you say since you did not see the importance of following the doctor’s orders.

Avoid talking to people at the scene including other victims or witnesses unless you are exchanging contacts. You may also consider taking pictures of the scene because it could help establish who was at fault.

When should you look for an attorney?

There are three major reasons why people seek financial retribution. You suffered an injury after an accident and the injury required medical attention, you should consider finding an attorney to represent your interests. Finding the right attorney is on the same lines as finding the right Realtor.  In many instances, both of their jobs are extremely important, but many people feel they won’t need one. How to get ready for an attorney consultation. 

If the case is not going in your favor, you also need an attorney to help you. For instance, the police report might not show the events of the accident clearly, or they might indicate that you were at fault when in reality you were not. If you were injured because another person broke the law due to negligence, an attorney with experience in dealing with such cases will be your best bet. If the accident made you lose your job because of absenteeism or inability to perform, you should also get an attorney to fight for your rights.

You also need an attorney especially if you had started negotiating with the insurance company on your own and you do not seem to be coming to a reasonable situation. This is because an attorney has experience in negotiating with insurance companies and they will know what to say and what to avoid saying to increase the chances of getting fair compensation. An attorney will also be a Godsend to you if the insurance company is cutting corners and failing to act appropriately such as not paying your claim on time.

How soon after the accident should you start looking for an attorney?

It is advisable to contact an attorney within 72 hours of being involved in a car accident. This is because the insurance company of the person who was at fault will not waste any time in trying to contact you and negotiating for a lower settlement than the one you are entitled to get.

It is important to keep in mind that the insurance company does not have your best interests at heart; rather, they are only concerned with protecting their bottom line. Most attorneys are paid if and when they collect for you – similar to how real estate commission works.  Therefore, the less money they pay you, the better for them. If you give the insurance company a statement in the absence of an attorney, you may unknowingly admit fault, and they will use your words against you in court. Having a reputable attorney by your side will help you avoid dealing with aggressive and manipulative insurance companies and give you time to recover in peace.

In most states, the statutes of limitation dictate that you can only file a personal injury claim within two years of the car accident. The limit for filing a claim for property damage due to an accident is usually four years in most states. The two years can seem like a long time, but it is usually a blink of an eye for someone who is recovering from serious injuries. Thus, you should file the claim as soon as possible to ensure you get compensated for your losses and injuries.

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