One of the basic tenets of our judicial system is that someone cannot be sued unless they have been advised of the lawsuit so they may have the opportunity to appear in court and defend themselves. Although there are some exceptions to the general rule—such as service by publication when a defendant cannot be found—for […]
Widerman Malek Law Blog
Can the Court Hear Your Case? The Question of Jurisdiction
If you intend to sue someone who has wronged you, you don’t want to go through the expense and hassle of filing a lawsuit only to have it thrown out because the court doesn’t have jurisdiction. As such, it’s good to know about jurisdiction and how it affects you before you get to the point […]
Buying an Already Established Business
Many people choose not to start up a new business, but to purchase one that is already up for sale in the area. Some may inherit or purchase a business from a close or distant relative, while others may choose to buy the structure of the business and change the entirety of it on the […]
How is Time Sharing Determined for Children of Divorce?
Time sharing of a child, as the state of Florida calls child custody, is determined a little differently than you might imagine. It is not based on which parent does more “parenting” or which parent requests sole custody; it is based on the best interests of the child. The interests are determined after evaluating 20 […]
The Civil Risks of a Landlord
A landlord has a lot of responsibility, including providing a safe and secure place for his tenants to live. In addition, however, he has a financial responsibility to his tenants. For example, if a security deposit is not being returned, there has to be ample evidence for keeping that deposit in order to avoid the […]
Brantley versus Nissan North America: Defective Side Airbags
Sometimes we purchase something that just does not work right. It is the general hope that the defects will be caught by the supplying company before something bad happens, but unfortunately that is not always the case as is illustrated in the Brantley versus Nissan North America case. In this lawsuit, which is a class […]
Funeral Costs after an Accident
Wrongful death is traumatizing to the surviving family – and typically will result in hidden expenses – beginning with the cost of a burial and funeral. Consider the below details. The individual products and services of a funeral involve: Casket and additional products like prayer cards and a temporary grave marker Administrative and professional services […]
Lose A Criminal Case but Win a Civil Trial
You’ve been wronged. Your first instinct is to sue the person. How do you know whether you should file a criminal case or a civil one? Many times, these days, even though you may lose in a criminal trial, there is the possibility that you could win in the civil trial. How is that possible? […]
How Power of Attorney Works
Oftentimes as people begin to age, their mental capacity starts to hinder their decision making skills. This is just a natural occurrence that we all have to face at some point, but what happens when there is money, property, bills, and medical treatment involved? Aging is not the only times when a Power of Attorney […]
Understanding When a Personal Injury Attorney is Needed
Unfortunately, one of the leading causes of sudden death is car accidents. It doesn’t always have to be a personal fault of your driving, it could be caused by someone else on the road as well. While this is a horrible experience, there are several individuals who have been in car accidents and suffered severe […]
