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How Can I Prove Negligence in a Personal Injury Case?
Most personal injury cases require the victim — also known as the plaintiff — to prove that the defendant was negligent. Negligence means the defendant did not take the proper care to prevent an injury that a reasonable person would have taken in the same circumstances. If you can prove negligence, you may be able to collect compensation for damages.
That can be a difficult task, however. Proving that an injury was caused by negligence depends on the quality and quantity of the evidence. The evidence should show that the four elements of negligence have been satisfied. This article will discuss those four elements and how to contact a Maryland personal injury attorney.
What Are the Four Elements of Negligence?
Negligence has four components:
- Duty of care: If you want to claim the defendant did not take proper care, you first need to show that he or she had a duty to take such care. A person may have a duty of care toward another because of the nature of their relationship, such as a doctor and patient. In other cases, a person may be bound by circumstances to take a reasonable amount of care. For example, driving on the road means taking some basic precautions to avoid injuring others.
Does Maryland Still Have Fault-Based Divorce?
As of October 1, 2023, Maryland’s divorce laws have changed in a way that makes the process simpler and more straightforward. One of the biggest changes is the removal of fault-based grounds for divorce. In the past, one spouse had to prove the other spouse was at fault for the marriage falling apart. Now, divorces in Maryland can be finalized without assigning fault to anyone. If you are thinking about divorce, contact a Germantown, MD divorce attorney with Salvado Law Offices to learn how these changes could impact your situation.
What Are the Grounds for Divorce in Maryland?
Before the recent changes in the law, proving things like adultery, desertion, or cruelty was necessary to obtain a divorce. However, with the recent changes, divorces can now be granted based on no-fault grounds. There are only three grounds for divorce now, which are a six-month separation, irreconcilable differences, and mutual consent.
What Should a Contractor Do if a Customer Won’t Pay?
Contractors in Maryland have a tough job. They have to work hard, often in dangerous, uncomfortable conditions, to provide quality construction with great service to customers who can be highly unreliable. Sometimes customers do not want to pay contractors because of disagreements about job quality or completion; other times, customers will simply refuse to pay or disappear altogether.
If you are a contractor who has not been paid, act quickly so you can recover the money you are owed. The law is on your side, but there are time limits to certain remedies and you do not want to lose out on your right to enforce payment. Contact a Maryland contractor’s rights attorney to learn more.
Maryland’s Prompt Payment Law Protects Commercial Contractors
Maryland has laws in place to protect commercial contractors and other construction workers from nonpayment. If a contract includes specific times or dates for payment, Maryland’s Prompt Payment law requires property owners to pay contractors within seven days of each payment date in the contract.
¿Qué significará mi divorcio para mi solicitud de naturalización?
Para los no ciudadanos que se han casado con ciudadanos estadounidenses, su matrimonio es más que simplemente una unión de amor y dedicación. También es el vehículo más directo para poder obtener la residencia permanente o la ciudadanía estadounidense.
Cuando ese matrimonio termina, además de afrontar los desafíos de la división de la propiedad y la custodia infantil, el cónyuge no ciudadano también tendrá que tomar en cuenta lo que significa para su futuro aquí en los Estados Unidos.
Opciones para un residente condicional
Sus primeros pasos dependerán de su estatus migratorio. Si usted tiene la residencia condicional basada en su matrimonio con un ciudadano estadounidense, perderá la fundación de su solicitud cuando se finalice el divorcio.
Esto no significa que será deportado inmediatamente. Sólo significa que usted tendrá que tomar pasos legales para eliminar las condiciones si desea quedarse en este país después de su divorcio (enlace en inglés). Si sigue este proceso correctamente, es posible que pueda seguir con el proceso de naturalización a través de otro proceso, aun sin estar casado con un ciudadano.
Understanding the concept of nesting
When parents separate or divorce, they have several custody arrangement options they can consider as they move forward in their lives. One of these arrangements is nesting, which provides a child-centered option for the family's living situation.
How does the nesting arrangement work?
When a family chooses the nesting arrangement, the parents decide to keep the children in the family home permanently while the parents move in and out depending on when their parenting schedule indicates they are the ones on duty. When a parent is off duty, they might stay somewhere else, such as in a rented apartment or with family or friends. In some situations, they might stay in the family home but in another area, such as an attic or basement apartment. Depending on the family's situation, this arrangement might be active for a brief time, such as during the duration of the divorce process. Some families may choose to continue the nesting arrangement for a limited time, such as until the children finish the school year. Others may choose this arrangement indefinitely.
What does it mean to be charged with theft of services?
Did you know that Maryland's theft laws make it illegal to receive services from a business or entity without providing compensation? In other words, engaging a company for their services and not paying for what you obtain is a crime.
Theft of services falls under Maryland's general theft laws. The repercussions of a conviction can impact your life significantly.
What are some examples of this offense?
Theft of services occurs when someone obtains valuable services through deception, force, threat or other unlawful means and does not provide compensation. For example, someone might eat at a restaurant and leave without paying for their food.
Other examples include:
- Illegally diverting WiFi or cable services to a residence
- Adjusting an electric or gas meter to decrease the amount owed on utility bills.
- Riding public transportation without buying a ticket or paying the fee
¿Tengo que dejar que la policía me abra el baúl?
Puede ser difícil saber qué decir o cómo reaccionar en una interacción con la policía. Nadie quiere ir a la cárcel innecesariamente, así que puede ser tentador acceder a todo lo que pide la policía para evitar problemas. Es verdad que es importante colaborar con la policía y no resistir el arresto, pero también es importante saber cuales son sus derechos constitucionales, y cómo vindicarlos si se violan.
Cuando la policía puede revisar un auto
La Cuarta y la Quinta Enmiendas de la Constitución estadounidense crean ciertas limitaciones para la policía. Por ejemplo, si la policía lo arresta a usted, pueden registrar el auto. También pueden registrar si piden permiso y usted dice que sí. Muchos no saben que tienen el derecho de decir que no cuando la policía pide permiso para revisar el auto, entrar en la casa, u otro tipo de registro.
Otra situación en que la policía puede revisar el contenido del baúl u otra parte del auto de usted sin su permiso es si tiene causa probable.
Co-parenting as the school year starts
It is the time of year when kids and teens start returning to the hallways of the nation's elementary, middle and high schools in droves. Whether kids attend school in person or virtually, the start of the school year can be an exciting time, and it can be an anxiety-inducing time for kids and parents alike.
While all parents of school-age children and teens have challenges to navigate at this time of year, co-parents who are no longer romantically involved tend to weather some unique stresses. Most of the time, there is a significant parenting time shift that occurs when school starts. One parent who may have seen a lot of their kids during the summer may be seeing far less of them during the school year and vice versa.
Even when this kind of switch isn't relevant for a dual-household family, getting used to the scheduling realities of the school year is not an insignificant undertaking and can cause a great deal of stress. Knowing how to address potential stressors proactively can help make the transition to the school year easier for everyone.
Getting divorced while owning a medical practice
Owning a medical practice in Maryland comes with plenty of responsibilities, and it can also be a major source of stress if your marriage should come to an end. In this case, you may find yourself worrying over the loss of your practice. To ensure you have the best outcome, you will want to do the following.
You'll have to decide what to split
One of the most agonizing aspects of a divorce will be deciding just how to split up all your various assets. This is particularly true in the case of medical practice.
Your spouse may insist on hiring a forensic accountant to go over the books and take stock of your practice. They will make an exact accounting of items such as your office lease, accounts receivable, furniture, office equipment and other materials used to run the practice. This is a request that may come backed up with a court order.
This accounting will be conducted in order to ensure that your spouse gets their rightful share of the assets. You should also consider any stocks or shares that you own in connection with the practice. If you have partners, they should be informed of any changes that may take place due to your divorce.
How to handle custody disputes with a difficult spouse
Custody of the children is one of the divorce areas most likely to cause heated disputes. It's understandable with so much at stake, yet you need to do your best to avoid them. Not only can they prolong the divorce and worsen relations between you and your soon-to-be ex, but they can do considerable damage to your kids.
But what if your spouse seems intent on turning custody negotiations into a battle?
Do not react in anger
The judge has no interest in listening to you pick holes in each other's past behavior and nor do your children. Just because your ex says something bad about you, or refers to a mistake you once made, does not mean you need to return the favor. You need to take the high road and treat them with respect, even if they are not doing the same for you.
Try to move the conversation forward
Firstly, you need to understand what outcome you want as you can't focus on a goal until you determine that goal. If your spouse attempts to take the conversations in a different, unhelpful direction you need to bring things back to keep you moving toward the goal.
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