Most people realize that if there are two persons to a contract, either of them may sue if one of the party’s breaches (violates) the terms of that contract. However, either of the two people may also have grounds to sue a third person for interfering with that contract. This claim is known as one for Wrongful Interference with Contractual Relations, sometimes referred to as Tortious Interference with Contractual Relations. If this arises, it is best to consult a Breach of contract lawyer.

The claim arises when someone not a party to the contract intentionally interferes with the contractual relations of the parties. The aggrieved person must prove five elements to prove this claim:

1. The existence of a valid contractual relationship or business expectancy.

2.    Proof that the offending party had knowledge of the relationship.

3.   An intentional interference inducing or causing a breach or termination of the relationship or expectancy.

4.   That the offending party interfered for an improper purpose or used improper means.

5.   Resulting money damages.

Here are examples of Wrongful Interference with Contract:

1.  Assume John Smith Company receives profits each month by selling construction gravel to the Mary Jones Company. Competitor Alex Brown Company falsely tells personnel at the Mary Jones Company that John Smith gravel is contaminated with hazardous waste. If Mary Jones Company then ceases the purchase of gravel from John Smith Company, then John Smith Company could successfully sue Alex Brown Company for the resulting loss of profits.

2. Assume that Ajax Shipping Company has a contract to haul furniture of Boutique Furniture store to customers who purchase furniture from the store. Over a period of several months, competitor ABC Shipping Company contaminates the gas tanks in the trucks of Ajax Company, thereby preventing the delivery of furniture. If Boutique Furniture then cancels its contract with Ajax, then Ajax would be able to sue ABC Company for money damages.

Aggressive Competition is Permitted

Keep in mind that the doctrine of Wrongful Interference with Contract does not prevent very aggressive competitive practices designed to take business away from a competitor. For example, it would be totally legal, in the example above, for ABC Shipping to radically drop its prices so as to take business away from Ajax Shipping, even if the lowered prices meant that ABC would temporary not make a profit. Similarly, there is nothing in the law to prevent ABC Shipping from producing brochures which (honestly) promote the superior safety and reliability of its trucks as compared to the Ajax Company trucks.

If your loved one developed bedsores while staying at a nursing home, he or she likely wasn’t taken care of properly. Staff members may not have repositioned your family member frequently enough or did other things to cause the bedsores. If bedsores were due to negligence, the nursing home could be held legally responsible.

Bedsores generally occur when there is too much pressure of the weight of the body on the skin. They rarely develop if a patient is frequently repositioned and monitored carefully by hospital staff.

If your family member was unable to reposition his or her body in the nursing home and developed bedsores, you may be able to sue the nursing home for damages. These days, there are many effective ways to prevent bedsores, like lift devices and medical beds that are programmed to reposition patients. That is why nursing home staff will have difficulty defending themselves.

However, medical malpractice lawsuits can be very tricky to navigate. They also come with a statute of limitations, which can be less than one year. Once the statute of limitations has passed, you can no longer sue for damages. It is important to pursue a claim as soon as possible to avoid missing the chance of getting compensation.

A minor bedsore probably won’t be considered medical malpractice if is discovered soon enough and treated. If a bedsore is more severe, a medical malpractice case could arise. More severe bedsores may lead to infections and call for special wound care. If bedsores advanced to this level, it’s likely that nursing staff didn’t properly take care of the patient.

If a person says no to care and develops a bedsore because of it, he or she may not have legal grounds to pursue a medical malpractice claim. It’s important for all patients to listen to medical staffs’ instructions. If they don’t, they may be the ones responsible for their bedsores and other injuries.

If your loved one suffered a bedsore while staying at a nursing home, you should talk to a personal injury lawyer as soon as possible such as the personal injury lawyer  locals turn to. He or she can review the case for free and determine if the claim is viable. A personal injury lawyer can help you gather important evidence and communicate with insurance companies. If you hire an experienced personal injury lawyer, your family member is more likely to obtain the compensation he or she deserves.

Thank you to our friends and contributors at Johnston | Martineau PLLP

 

Following are several grounds for Will Contest.

1. Testamentary Capacity

        The testator must have the following before he/she can sign a Will:

1. Understand that he/she is creating a Will
2. Understand the effect of creating a Will
3. Understand the nature and extent of his/her property
4. To have sufficient memory to know he is creating a Will
5. To hold the information together to understand that he is creating a Will                            
6. To be able to form a reasonable judgment as to them.

        If any of the following is missing at the time the testator signs the Will, the Will can be contested.

2. Undue Influence

        If there is influence present and exerted by another on the testator, and the influence has the potential of undermining or taking over the mind of the testator at the time of execution of the Will, and the document would not have been signed by the testator but for the influence, then there is undue influence presence. Begging a person to include in their Will is allowed so long as the testator wanted to include the beggar in the Will. But its undue influence when the testator includes the bigger into the Will just to get the beggar to stop bugging.

3. Forgery

        A Will can be contested if there is evidence present that the testator’s signature was forged, or that the handwriting within the document was forged. To prove this, a contestant would require handwriting expert, and/or a person who can testify as to testator’s signature and handwriting.

4. Improper execution

Attested Wills: Attested Wills are wills that are typed up. They require a notary to notarize the testator’s (person executing a Will), and two witnesses’ signature. This type of a Will requires two independent witnesses to witness testator execute the Will. it is further required that the witnesses are present when the testator signs the Will. If there is evidence to the contrary of witnesses not present while testator signed the Will, then ti is a ground for a contest.

Holographic Wills: Holographic Wills are wills written wholly in testator’s handwriting. This type of Will does not require two witnesses to witness testator sign the Will. But it does require two witnesses to prove up testator’s signature and handwriting. If this type of Will is not wholly in testator’s handwriting, it will not only be hard to prove-up with the Court, but it also poses a ground for contest.

For more information, or to answer any questions you have, contact an attorney, like an elder law lawyer Arlington TX trusts today.

 

 

Recent studies and claims has revealed toxic mold as a hazard. The newness of the hazard does nothing to take away from its severity. Traditionally, mold develops when moisture builds in your home, whether in your basement, attic, or your walls. There are a number of causes for moisture, plumbing issues and leaks due to weather, just to name a few. Renters and homeowners, alike, should be aware that mold may feed on wallboard or other materials in the building and that the warmer the air, the faster the mold may grow. Mold-infested homes and apartments have caused people serious medical issues. Most of the health problems, if untreated, will have the potential to keep people away from work and make it hard to live a normal, healthy life.

Victims who have been severely exposed to high concentrations of mold and have injuries – such as lung diseases or respiratory infections – should find an attorney in their area who will better articulate their rights as a resident/renter. A civil suit may be necessary if a person has been subjected to inhaling mold toxins due to their place of work or living status (living in a building/home that wasn’t properly maintained by a landlord). If it is found that the party responsible for the mold injuries acted negligently, or outside of the realm of a reasonable standard of care, then the party may be held liable. Mold cases are rising and by speaking with an attorney, like a personal injury attorney Atlanta GA relies on, you are shedding light on a situation that others have ignored or have been misdiagnosed due to a lack of knowledge about the circumstances.

If you have noticed an increase in allergy symptoms such as runny noses, watery eyes, and even mild rashes in family members, you should contact a professional who will be able to determine whether your home might have mold in the walls or in other areas which are not visible.  Because you aren’t an attorney, you should reach out to someone who can assist you in determining if you have a claim to seek compensation for any injury introduced by the mold in your home.  Also, you may be entitled to financial compensation for any wages loss or medical bills.  To ensure that you receive the necessary assistance in gaining clarity and a better understanding, it would be in your best interest to speak with a professional, possibly someone who specializes in  mold and its related ailments.

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Thanks to contributor Andrew R. Lynch, P.C. for their insight into mold injury and personal injury practice.

 

Exposure to asbestos is a major hazard for many professions. It is difficult to know if you are exposed to particles because they are colorless and odorless. The U.S. has produced some legislation to regulate the use of asbestos, but it isn’t banned or illegal. Workers in the five following jobs still need be cautious and look out for any risk of asbestos.

• Firefighters

When a firefighter enters a burning building, they are at risk for inhaling asbestos particles from the burning remains of the house. Burning debris from the drywall, insulation and walls, among other parts of the house, could contain asbestos. After the ordeal, firefighters can even be exposed to asbestos from the debris left over on their gear.

• Construction Workers

As stated above, the building materials of many structures contain asbestos. When construction workers are demolishing a building or renovating a home, they are at high risk for exposure. Usually they suffer from inhaling particles in the dust that fills the room from disturbed structures.

• Shipyard Workers

The shipbuilding industry used asbestos often in the past because it is strong and resistant to heat. Today, workers are still exposed to particles all the time.

• Plumbers

Plumbers also have to work with hazardous infrastructure materials every day. Gaskets, flues and sewer pipes all potentially carry asbestos in them. Even if they don’t contain asbestos, they may have to be taken to another area of the house that does.

• Electricians

Sometimes electricians have to work in small places where they can come into contact with asbestos. They handle products with possible asbestos almost every day!

Health Risks Associated with Asbestos

One of the most serious effects of exposure to asbestos is pleural mesothelioma; a cancer that harms the lining of your lungs. You become at risk if you inhale asbestos fibers that are released into the air. If you are employed in any one of these professions, you could be at risk for cancer and other maladies as well. If you think you may be at risk, contact a company that specializes in asbestos removal Los Angeles CA trusts.

If you have been exposed to asbestos and believe it was the fault of someone’s negligence, you could be entitled to compensation for the possibly deadly effects. You could have the potential case for a personal injury claim, or if it is an accident on the job, you may be able to file you’re your employers’ workers’ compensation program. Contact a professional personal injury lawyer today to discuss your case and decide if you have enough evidence for a personal injury or workers’ compensation claim.

 

 

Residents of senior living centers are cared for under a confusing set of laws. In Illinois, it is currently less difficult to sue a Nursing Home than it is to sue a Assisted Living Facility because the former is held to standards under the Illinois Nursing Home Care Act, and the latter is not.

One of the purposes of the INHCA law was to establish that mandatory arbitration clauses residents were required to sign as a condition of their entry to the facility were considered to undermine the purpose of the law. Because it was mandatory for residents and their families to sign confusing nursing home contracts on admission to a nursing home, the legislature decided a law to protect vulnerable seniors was needed.

The Illinois Nursing Home Care Act was intended to protect residents from exploitation by nursing homes and their parent corporations. The Centers for Medicare and Medicaid Services (CMS) implemented a new rule that prohibited federal funds for nursing homes that enter into binding arbitration agreements with residents. However, in a U.S. District Court in the Northern District of Mississippi, an order was entered that found that the CMS did not have authority to enact the mandate without statutory authority.

The U.S. District Court order was granted the power to clarify this confusion in early November 2016. CMS introduced the rule in September 2016 after allegations that nursing homes bury arbitration clauses in the fine print of admission contracts and prevent residents and their families from seeking justice in state courts in the event of abuse or neglect.

The lawsuit brought in the Northern District of Mississippi included the trade group American Healthcare Association. The nursing home groups that brought the case argued that the rule of CMS exceeded its regulatory authority. Because most arbitration agreements deny a resident to the right of attorney fees and costs that are allowed under the Illinois Nursing Home Care Act, arbitration clauses weigh heavily in favor of the nursing home and its corporate owners.

In arbitration, a nursing home resident would not be denied the public proceeding that a civil lawsuit would allow, as a personal injury lawyer can tell you. Unfortunately, Assisted Living Facilities are not governed under the Illinois Nursing Home Care Act. This means that loved ones do not receive attorneys fees during legal actions, and makes the decision to sue them far more risky. Sometimes it comes as an issue that a spouse, loved one, or family friend has signed the resident into the facility as their legal decision maker.

Accordingly, the Illinois Appellate Court found that a signature from a substitute decision maker carries no legally binding weight as to arbitration on her personal claims against the nursing home under either the Wrongful Death Act or the Family Expense Act. Illinois lawyers and Illinois nursing home residents should be aware of the conflicts in the law regarding arbitration clauses. Nursing homes continue to push for application of arbitration rather than lawsuits in Illinois courts.

To ensure that your loved ones uphold your wishes after your passing, it is beneficial to create your will.  It will be difficult for your family to determine what you would have wanted if there is not a will in place. This can leave family members to not only sort through the grieving process, but also your assets. It can be even more difficult when a loved one is facing a situation where their elderly loved one is not willing to write their will.

Reasons to Avoid the Will

You are probably wondering why an elderly parent may refuse to write their will. There are many reasons for avoiding putting the time into a will. The most common include:

• Financial hardship
• Falling ill and unable to write their will in time.
• Procrastination
• Not feeling they own anything that needs to be in a will
• They do not want to face that they are nearing the end of their life.

In the event that your loved one passes without a will in place, you will find it difficult to carry out the division of their assets in the way they would have liked. Without a will in place, their assets will more than likely go through probate court, which can be a lengthy process. Although it may seem easier said than done, persuading an elderly loved one to complete their will may be rather challenging.

Take Small Steps

When working with an elderly parent on their will, starting with small steps will help to be the most successful in getting them to move forward. The following three measures may be helpful in starting the process:

1. Designating a power of attorney
2. Power of attorney can be included in a living will. Often, a close family member may hold power of attorney.
3. Once power of attorney has been designated, the appointed will be able to look into the parent’s assets and financial situation. This may be helpful as power of attorney will also allow you to represent the parent.  

Obtaining an Estate Lawyer

An attorney such as the estate planning attorney Scottsdale AZ locals trust  may be helpful in providing information to the elderly loved one about what the process may look like if they die without a will in place. In meeting with them, the process can begin to move forward by appointing power of attorney, and beginning the initial stages of writing the will. A contested will following the death of a loved one, can be a long, drawn out process. By working with an estate attorney, the likelihood of the will being contested will be minimized.

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A special thanks to our authors at Arizona Estate Planning Attorneys for their insight into Estate Law.

 

 

When running a business, it is important to understand the various legal implications that need to be recognized and followed as a business owner. When operating a company, business law requires regulations to be in place in order for the company to function successfully which include: sales, bankruptcy, employment, taxes, and operations.

It’s important that as a business owner, you abide by all business laws that may apply. Utilizing an attorney to help you with this will help you to avoid any legal ramifications in the future. There are several laws in place that may apply to your business, the following are a few of the most common. Always be sure to check the applicable laws in your area because these laws can vary depending on your region.  

• Finance Law: in the event that the business must file for bankruptcy, finance law protects all investors, customers and business owners.
• Privacy Law: protects the confidentiality of a business’s customers by securing any private customer information the business may have collected by having security plans in place. It’s important to seek a business law lawyer if concern for privacy around customer information arises.   
• Marketing and Advertising Law: requires “truth in advertising” meaning that any claims made by the company must be honest and truthful.
• Employment and Labor Law: requires the employer to provide employees with fair standards of working. This should always include: fair minimum wages, bans against child labor, management of personnel records, and overtime rules.
• Online Business Law: has ways of regulating business transactions that happen online. Many businesses have extensive sales and business transactions that occur on the internet. Understanding the impact online revenue may have on your company can be helpful. Knowledgeable business law attorneys can be of great help in providing guidance.
• Intellectual Property Law: protects any ideas, trademarks, designs or patents that your company may have developed. This allows you to file patents to prevent competitors from utilizing your ideas for their profit. Business law attorneys can be helpful in ensuring that all necessary paperwork is completed to protect your business.
• Workplace Safety and Health Law: safeguards employees from hazardous and unsafe environments. It is vital that a safe workspace is provided to employees to ensure that your business is successful.

The inner workings of business law may be difficult to grasp as there are many intricacies that are vital to the functioning of the company. As confusing as it may be, not abiding by these laws, regardless of whether or not it was accidental, could ultimately lead to jail time. Hire an attorney such as the Business lawyer Memphis, TN locals turn to to consult and guide you through this process. They will be able to ensure that you follow all regulations that are in place.  

Thanks to authors at Patterson Bray for their insight into Business Law.

Elder abuse is a persistent problem across the United States. Elder abuse is a broad term that is utilized to encompass a variety of ways in which an elderly person is harmed or taken advantage of by another, according to the National Council on Aging. Elder abuse is said to encompass:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Passive neglect
• Confinement
• Willful deprivation
• Financial exploitation

Elder Abuse Statistics

Approximately one out of ten elderly Americans are thought to have been subjected to some form of elder abuse. Indeed, the National Council on Aging estimates that the number of people over the age of 60 subjected to elder abuse could top five million people in the United States each year.

There is evidence to suggest that only about one out of every 14 cases of elder abuse are ever reported to the proper authorities. It’s important to know that there are different avenues through which elder abuse can be reported and addressed.

1. Contact Adult Protective Services

Every state in the United States has an adult protective services agency. In most cases, the agency is called “adult protective services.” The first step in the process of reporting suspected elder abuse is to contact them.

This type of agency is designated to act in the best interests of incapacitated and elderly adults who may be subjected to some type of victimization or abuse. This includes:

• Elderly adults living on their own
• Elderly adults living with relatives or some other third party
• Elderly adults residing in an assisted living or skilled care facility
• Elderly adults who are hospitalized

An adult protective services agency will have a telephone hotline as well as an online portal on its website through which a report of suspected elder abuse can be made. You can also make a report of elder abuse anonymously.

Contact information for state agencies that provide adult protective services can be found at the National Center on Elder Abuse website. The National Center on Elder Abuse is federal government agency that provides an array of resources to combat and address elder abuse in the United States.

2. Contact Law Enforcement

In addition to filing a report with adult protective services, elder abuse can also be reported to law enforcement. The reality is that most states have laws criminalizing many types of elder abuse. In other words, a person who commits certain types of elder abuse can be criminally prosecuted for the wrongdoing.

If the decision is made to file a report with law enforcement, the local police or sheriff’s office can be contacted. In fact, many local law enforcement agencies have officers assigned specifically to address allegations of elder abuse.

 

As a Chapter 13 bankruptcy lawyer Memphis TN turns to with some of their toughest questions, I know one of the most common questions people ask about Chapter 13 is “Will it hurt my credit?” In the short term, it might. But not necessarily. And in the long term, it can actually make everything better.

If you’re considering bankruptcy, your credit probably already isn’t very good to begin with. You probably owe a lot of debt on your house or car that you can’t pay back. You may have high credit card debt building up. And then you also might be facing lawsuits or wage garnishment. If any one of those things is true, you already have big credit problems. So generally you won’t have a hard time with Chapter 13 hurting your credit much more than before.

Bankruptcy can stay on your credit for up to 10 years after filing. But for Chapter 13, it will usually be removed after seven years. During that time, while your bankruptcy is underway, it will help your credit to make the regular payments.

While Chapter 13 does show up on your credit report, it also offers the opportunity to make your credit much better.

Improving Your Credit After Chapter 13

You can’t improve your credit when you’re so far into debt that every dollar goes to paying it back. That’s just treading water. It will keep things at the status quo.

But after your Chapter 13 has been completed, you’re out of debt and you have the perfect opportunity to rebuild your credit.

To do so, you should stay on top of your credit report. Check for any false information or errors in your records. Then be very careful about how you take on any new credit. If you do choose to get a credit card, use it for small purchases and pay them back immediately. And lastly, pay close attention to how you spend your money. Set a realistic budget and stick to it. This should come more naturally after a Chapter 13 because you’ll already be used to a payment plan. If you think you’ll struggle, consider getting a credit counselor or accountability partner.

With a little focused work, a Chapter 13 bankruptcy can be the best possible option for your credit, because it gives you the fresh start you need.

Thanks to our friends and contributors from Darrell Castle & Associates for their insight into Chapter 13 bankruptcy.