when the damage is already done lawyer

by Angelina Effertz MD 5 min read

What happens if your lawyer stole from you?

Jul 25, 2019 · THE damage has been done already concerning the KCM liquidation process but the actual damage comes next, says Canada-based lawyer Elias Munshya. Munshya says the High Court in Gauteng, South Africa has done the work that should have been done by the Lusaka High Court, adding that the Zambian judiciary remains a “toddler” from a commercial law …

Do insurance companies pay out for pre-existing damage?

Feb 25, 2021 · by Adam Duxter. MADISON, Wis. – The attorney representing former Badger football player Quintez Cephus in a lawsuit against the University of Wisconsin says the legal action centers around a ...

What happens if you get charged with criminal damage to property?

Sep 26, 2017 · Pre-existing Damage As A Basis For An Insurance Claim. Generally, insurance companies do not pay out on policies if they determine that the covered property has pre-existing damage. The determination of the pre-existing damage is done through valuations and investigation by the insurance company. Pre-existing damage to insured property does not …

When to sue a lawyer for malpractice after losing money?

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What does damages mean in legal terms?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.

What are actual damages in contract law?

Compensatory damages (also called “actual damages”) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.

What are the different types of damages law?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.Compensatory Damages. ... Incidental Damages. ... Consequential Damages. ... Nominal Damages. ... Liquidated Damages. ... Punitive Damages.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How is damage determined in a lawsuit?

Damages are the sum of money that a plaintiff is awarded following a lawsuit. Basically, the damages are the amount of compensation that the plaintiff will receive from the defendant. The fact finder (judge or jury) will determine the damages in the lawsuit.Aug 30, 2017

What are the most frequently awarded legal damages?

Compensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.Jan 22, 2018

What are the four types of damages?

There are four types of damages which can be claimed by the aggrieved party. Ordinary Damages or General Damages....Ordinary Damages or General Damages. ... Special Damages. ... Exemplary or Vindictive Damages. ... Nominal Damages.

What damages can be claimed for negligence?

Special DamagesLoss of earnings.Future loss of earnings.Travel expenses.Medical expenses.Care and assistance.Rehabilitation treatments recommended by the medico-legal experts such as physiotherapy, cognitive behavioral therapy.Repair or replacement of damaged property.More items...•Jan 18, 2019

What are the 2 types of compensatory damages?

There are two types of compensatory damages—general and actual. Actual damages are intended to provide funds to only replace what was lost. General compensatory damages awarded are more complex, as these compensatory damages do not represent a monetary expenditure.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Can an insurance company deny a claim?

In some cases, the insurance company may only deny the part of the claim that has to do with what the insurance company considers pre-existing conditions. However, this may only be a small fraction of the loss suffered by the insured person. However, just because the insurance company refuses a claim due to pre-existing damage does not mean you ...

Do insurance companies pay out on a policy?

Generally, insurance companies do not pay out on policies if they determine that the covered property has pre-existing damage. The determination of the pre-existing damage is done through valuations and investigation by the insurance company.

Damage Already Done: Media and Big Tech Ease Suppression Of Hunter Biden Influence Peddling Scandal

The Democrat/Media/Big Tech axis has decided that it is safe—now that the election is over—to inform the American people about the shady Ukrainian and ChiCom connections and influence-peddling scandal surrounding Hunter Biden and implicating ‘ the big guy ,’ then Vice President and now Democrat presidential candidate Joe Biden.

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Propaganda doesn’t just mean what they say it encludes what they don’t.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

What happens after escrow is closed?

The laws always depend on the state you live in. Usually, after the escrow is closed, a buyer might be limited to recovering money for any defects discovered. Escrow is your deposited funds promising you will buy the home.

Who is responsible for undisclosed defects?

Home Inspector Responsibilities. It may not always be the seller who is held responsible for undisclosed defects. Liability sometimes extends to either party's real estate broker, real estate agent (realtor), and/or the home inspector. Each case is different, so determining who may be liable is your first step.

What are the defects in a house?

Common home defects that sellers fail to disclose include: 1 Bad sewer lines or rusted pipes 2 Hidden water damage 3 Rotted wood or termites (learn more about termite letters) 4 Huge cracks in driveways or house foundation 5 Bad or old ventilation or windows 6 Septic system or heater issues 7 Radon leaks 8 Outdated wiring 9 Bad roofing 10 Electrical, plumbing and HVAC issues

What is material defect?

According to the International Association of Certified Home Inspectors, a material defect is anything that: Has a specific issue with a system or component of a residential property. May have a significant, adverse impact on the property value. Poses an unreasonable risk to people.

What is escrow money?

Escrow is your deposited funds promising you will buy the home. These funds will be transmitted from the escrow account to the seller. The day the money is transmitted is often the "cut off" date for getting money back from the seller for any defects.

What is a demand letter?

This is considered a breach of contract, and you have legal rights . A demand letter can explain what you need to be fixed or the money you want to be returned to you. If you are dealing with a home defect matter, don't delay in getting answers to your legal questions.

What is disclosure form?

The laws regarding disclosure forms or disclosure statements vary widely by state and change often. Usually, state disclosure laws require sellers to "disclose all material defects" in a property. This means they list them out and explain them to the buyer. If they forget or refuse, the sale is not valid.

How to protect yourself from lawsuits?

The law is complex. The best way to protect yourself is by consulting with a lawyer about exactly how long you have to pursue a lawsuit—and what kind of lawsuit (s) you can pursue. Example 1: On January 1, a doctor performs a gallbladder operation on Phoebe but mistakenly removes Phoebe's spleen.

How long do you have to file a lawsuit?

No, but statutes of limitations generally allow at least one year. Except for when you sue a government agency, you almost always have at least one year from the date of harm to file a lawsuit, no matter what type of claim you have or which state you live in.

How long does a person have to file a personal injury claim?

For example, rules in one state might allow a plaintiff with a personal injury claim (such as a broken leg) one year from the date of injury to file suit, and a plaintiff with a breach of contract claim (such as failure to make good on a promissory note) four years from the date of breach to sue.

How long do you have to sue a government agency?

And you may have as little as 60 days to submit an administrative claim.

Do you have to file a complaint on time?

Once you file a complaint on time, a statute of limitations has nothing to do with how long it takes for a case to conclude. However, most states do have separate "diligent prosecution" statutes, which require you to move your case to trial within a certain time period or face dismissal.

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Are There Specific Types of Criminal Damage to Property?

  • The kinds of damage that can be inflicted on property are as varied as the kinds of property that can be damaged. Some common types of intentional damage or malicious damage are: 1. Spray-painting another person’s property with the intent to deface it; 2. Egging someone’s car or house; 3. Keying the paint off of another’s car; 4. Slashing the tires of another person’s car; 5. Doing wh…
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What Are The Penalties For Criminal Damage to Property?

  • The crime of criminal damage to property is governed by state law. In most states, the penalties depend on whether the crime is charged as a misdemeanor or a felony. The cost to repair the damage done in the commission of the crime often determines whether it is charged as a misdemeanor or a felony. In South Carolina, if the cost to repair the damage is $2,000 or under, i…
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Are There Any Defenses to Criminal Damage to Property Charges?

  • There are several possible defenses to a charge of criminal damage to property. They are: 1. Claim of right: if a person is able to show that the property actually belongs to them or that they have some valid right to the property, they can avoid a conviction for destruction of property. Of course, only criminal damage to the property of another is a crime; 2. Necessity: If a person is ab…
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