what kind of lawyer would handle negligencetoward a minor

by Emmy Zulauf 8 min read

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

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What is a specialist attorney in a negligence case?

Jul 09, 2013 · 1. Carefully comply with the rules on minors’ settlements. Compliance with legal procedures protects the child from wasting or misuse of her funds in a personal injury settlement . It also protects the parents and attorney from costly mistakes. See O.C.G.A. § 29-3-2, OCGA § 29-3-3, O.C.G.A. §29-5-23 (c) (5) and Probate Court Standard Forms ...

Who is liable for a minor child’s injuries?

May 26, 2011 · ANSWER: In Pennsylvania, children under seven-years old cannot be considered negligent under any circumstances. From the ages of seven to fourteen, there is a diminishing presumption that the child cannot be negligent. After fourteen, the child can be held fully responsible for any harm that is caused to them if they were negligent in bringing ...

What is negligent supervision of a minor child?

If you have questions as to whether your daycare or school is liable for injuries to your child, speaking with a personal injury lawyer will help you decide if you want to pursue a case. How to prove negligent supervision Negligent supervision is a fairly straightforward negligence claim.

Why is it so hard to sue a lawyer for negligence?

What a Child Abuse lawyer can do for you. If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against ...

What a Child Abuse lawyer can do for you

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Why hire a Child abuse attorney

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

Did you know?

About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an estate planning attorney?

Another of the most common types of lawyer specialties, an estate planning attorney advises and helps clients to prepare wills, trusts, and asset distributions . These lawyers work to draft living trusts while also helping plan for the protection of your assets and savings after death. They can also help you prepare the power of attorney and health care instructions in the event that you become incapacitated and unable to speak for yourself.

What is the job of an immigration lawyer?

Immigration lawyers can help advise on visa applications, green cards, citizenship, and naturalization issues. Additionally, they can also help with employment for non-citizen and deportation.

What are the different types of bankruptcy?

At a glance, the main differences between bankruptcy types include: 1 Chapter 7: this type of bankruptcy doesn’t include a repayment plan. However, you will be required to sell or liquidate nonexempt assents in order to pay back your creditors. 2 Chapter 11: this type of bankruptcy is used most often by large businesses and it is designed to help them stay open while repaying their debts. 3 Chapter 13: this type of bankruptcy removes debts by allowing you to create a repayment plan that spans three to five years. This allows you to gradually pay off your debt without liquidating any assets.

What is personal injury law?

As one of the most common types of lawyer specialties, personal injury lawyers handle everything from car accidents to slip andamp; fall injuries, product liabilities, and medical malpractice suits. If you were injured due to an accident or another person’s negligence, hiring a personal injury lawyer is one of the best ways to pursue the legal justice that you deserve.

What is IP law?

Also known as IP lawyers, this type of specialty deals with matters concerning trademarks, copyrights, and patents. While filing for a patent or copyright can be done on your own, it can be a confusing process and it requires meticulous submission of paperwork. If you’re not well-versed in how intellectual property law functions, you could risk getting your submission denied. To prevent this, it’s best to work with a professional who can handle all of the paperwork, as well as advising you throughout the process.

What is criminal defense?

Criminal defense lawyers are lawyers that focus on defending those accused of a crime. Out of all the types of lawyer specialties, this is the one you’ll want to contact if you’re facing charges of drunk driving, theft, assault, or any other type of criminal offense. They are the most familiar with criminal law and will be able to advise you on every facet of the criminal justice process. This can include the rules pertaining to arrest, bail, arraignment, and plea submission. For instance, if you’re facing a petty theft charge, a criminal defense attorney will be able to walk you through the process and defend you throughout your trial. If you’re found or plead guilty, a criminal defense attorney may even be able to lessen the punishment by working with the prosecutor to submit a plea bargain.

What does Chapter 7 bankruptcy mean?

They can explain to you exactly what bankruptcy chapter 7 means and whether it is a good fit for you. Or they can give you the details on bankruptcy for credit cards and medical bills, helping you see all of your options before making any decisions. If you are looking for an attorney, it helps to do a lot of research.

Can a minor be a beneficiary of a trust?

The minor is the only beneficiary of the trust. However, the trust can state that if the child dies before turning 21, unless the child gave away the trust assets in the will, then the trust assets can be paid to or held in trust for others, such as the child's brothers and sisters. Any income the trust makes and the original assets transferred ...

What is the gift tax exemption?

The federal government charges a gift tax, but provides an exemption for gifts valued at $14,000 or less, per year per recipient. Normally, this exemption only extends to gifts that are actually received by the recipient, so a gift that is not distributed until a person reaches a certain age wouldn’t qualify for the exemption. However the IRS allows an exception (though IRS Code §2053 (c)) that allows the $14,000 exemption to apply to gifts to trusts for minors if the trust provides that: 1 The minor is the only beneficiary of the trust. However, the trust can state that if the child dies before turning 21, unless the child gave away the trust assets in the will, then the trust assets can be paid to or held in trust for others, such as the child's brothers and sisters. 2 Any income the trust makes and the original assets transferred to the trust are given to the child at age 21. 3 That child has the right to give away the trust assets in the event that he or she dies before 21, that is, the child can make his will and state that the trust is to go to his sister, for example, if he dies before he's 21.

Can negligence be proved?

CONCLUSION#N#Negligence claims against lawyers are one form of negligence cases. Because of their complexity and expense (the cost of expert witnesses) negligence claims against lawyers are often difficult prove. However, in the case of obvious errors (missed statute of limitations or failure to appear for trial), such cases can be justified and won.

How many elements are required to prove negligence?

Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause; (4) damages.

What is breach of duty in law?

BREACH OF DUTY. In professional negligence cases, including attorney negligence, the law uses a concept known as "the standard of practice" to determine whether there was a breach of duty. The concept creates an imaginary line along the spectrum of professional practice within the profession under examination.

What are some examples of duties?

Examples of these duties are: (1) when driving an automobile, we have a duty to operate it in a reasonable and careful manner so as not to injure other people and property; (2) we need to keep our homes and business premises free from dangerous conditions so that other people are not injured. ...

What are the elements of a civil lawsuit?

Generally speaking, in order to prove a case of negligence in a civil court, the plaintiff must prove four elements: (1) duty; (2) breach of duty; (3) proximate cause; (4) damages.

What is a fiduciary relationship?

DUTY#N#A lawyer is considered to have a fiduciary relationship to his or her client, which is a duty greater than the ordinary duty of reasonable care. This fiduciary duty to the client is formed upon the formation of the attorney-relationship. The only practical way for a lawyer to demonstrate he or she did not owe a duty to a person claiming to be a client is to establish that the other person was never a client or that the lawyer's actions which are claimed to have been negligent occurred before or after the existence of the attorney-client relationship. Many cases of attorney negligence have been won or lost on factual disputes of this nature.

What is proximate cause?

Proximate cause is a difficult concept for non-lawyers to grasp. Not every act which falls below the standard of practice is necessarily the proximate cause of the plaintiff's damage. For example, if a client hires a lawyer to file a lawsuit, then stops communicating with the lawyer and hires another lawyer to file the same lawsuit, ...

What happens if a juvenile violates a criminal law?

Once a juvenile court judge determines that the minor violated a criminal law, he or she may order incarceration as a penalty. Here are some of the different levels of incarceration you may face as a juvenile delinquent:

Can a 14 year old be tried in adult court?

The short answer is yes. Juveniles can be tried in adult court for some of the more serious offenses if they are at least 14 years of age. These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age;

What are the rules for juvenile court?

A juvenile court judge also has the discretion to offer rehabilitation options for you, depending on the crime. Some disposition orders that do not include confinement are: 1 Verbal Warning: The judge simply reprimands you verbally;#N#Minors could face jail time for crimes in California. 2 Fine: You are ordered to pay a fine to the government or to the victim, if any; 3 Counseling; 4 Community Service: As your punishment, the court may ask that you complete a certain number of hours in service to your community; 5 Electronic Monitoring: You are ordered to wear a wrist or ankle bracelet at all times to verify where you are for a certain period of time; 6 Probation: You may be assigned certain conditions that you have to meet, including attending counseling, meeting curfews, avoiding certain individuals (such as gang members) and completing anger management classes. In this case you will be assigned a probation officer who reports back to the court. If you have violated the terms of your probation, you can receive a harsher disposition order such as incarceration. 3

What are the options for juveniles?

Juvenile courts offer youth offenders many sentencing options, also known as “disposition orders.” These sentencing options fall under two major categories and depend on the severity of the offense and the minor’s criminal history: 1 Incarceration 2 Non-incarceration 1

What are the two types of sentencing options for juveniles?

These sentencing options fall under two major categories and depend on the severity of the offense and the minor’s criminal history: Incarceration. Non-incarceration 1.

Can juveniles be incarcerated?

Once a juvenile court judge determines that the minor violated a criminal law, he or she may order incarceration as a penalty. Here are some of the different levels of incarceration you may face as a juvenile delinquent:

What are the conditions for probation?

Probation: You may be assigned certain conditions that you have to meet, including attending counseling, meeting curfews, avoiding certain individuals (such as gang members) and completing anger management classes. In this case you will be assigned a probation officer who reports back to the court.