Mark Palumbo explains that criminal cases often end with a plea bargain. A plea bargain is a negotiation with your attorney and the State’s Attorneys Office to determine what is an appropriate charge that the defendant will plead guilty to.
The statute of limitations is a law which sets forth the time period in which a lawsuit must be commenced. The limitations period begins to run when a cause of action is said to accrue. Meaning that the aggrieved party becomes aware of the facts that have given rise to that cause of action.
This week, Karen Wagner helps to explain one of the key ways that military separation or divorce is different from a civilian divorce. There are many differences in military divorce to understand but the 20/20/20 rule is very important.
Adult Guardianship is a formal legal process where the court appoints an individual to act on behalf of a disabled person, property or sometimes both. A qualified licensed professional makes the decision to determine if the handicapped person is no longer capable of making medical or manage their financial assets for them self. There can be no other alternative to guardianship including a Power of Attorney or a Medical Advanced Directive.
There are two types of Adult Guardianship, Guardian of the Person and Guardian of the Property.
When you are appointed a Guardian of a Person, you will be responsible for making the medical healthcare decisions along with everyday living arrangements for the disabled person.
The second type of Adult Guardian is a Guardian of Property. As the Guardian of the Property, you are responsible for the disabled person(s) financial assets.
In conclusion, you should be aware of your responsibilities when appointed to be an adult guardian whether it be a person or a persons property.
At Davis, Upton and Palumbo LLC, we strive to exceed expectations for every client, in every case, every day. To learn more about our practice click here or contact us today.
This week, David Weigel explains what it means when there is a breach of contract.
A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.
Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.
There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.
Other examples include awards of attorney fees if there is litigation in the case of a breach, injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases. Punitive damages are typically not awarded in contracts cases.
In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.
At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.
These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.
This week, Mark J. Palumbo explains Underinsured and Uninsured Coverage. When reviewing your auto insurance policy, it is important to understand that your coverage can vary based on your policy. Uninsured coverage protects you from drivers that have no insurance. On the other hand, Underinsured coverage helps protect you if you are hit by another driver that does not have enough insurance to cover your damages.
We here at Davis, Upton & Palumbo LLC, strive to obtain the compensation to which you are entitled. If you need assistance, advice on your coverage, or just want to learn more about our services on Motor Vehicle Accidents,
click here or contact us today! Read more
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