A Look at Common Personal Injury Cases
If you’ve been injured as a result of someone else’s actions, you can consult a personal injury lawyer near Tracy or Manteca to assess whether you may have the basis for a claim. A personal injury lawyer may file an intentional or negligent tort on your behalf. An intentional tort is filed when the defendant is accused of acting intentionally to cause your injuries, whereas a negligent tort involves injuries that arise from negligent acts. Of the different types of claims a personal injury lawyer may file, negligent torts arising from car accidents are among the most common.
An accident attorney can also file a personal injury claim after a victim has been attacked by someone else’s dog. Slip and fall cases, which are referred to as premises liability cases, arise when an individual slips or trips on someone else’s property. In these cases, the lawyer must demonstrate that the property owner or manager knew or reasonably should have known that the hazardous condition existed, yet failed to fix the problem in a timely manner.
A Closer Look at Advance Directives
An advance directive does not deal with your finances, but it’s still an important component of estate planning. When it’s time to visit an estate planning attorney located in Tracy or Manteca, you can have him or her create your advance directive along with your last will and testament. This legal document informs your family members and healthcare providers of your healthcare preferences in the event that you are no longer capable of communicating these preferences.
In an advance directive, your attorney could explain that you prefer to accept or refuse life-extending medical care. Use this document to specify your preferences regarding tube feeding, artificial respiration, and dialysis. If your heart rate or breathing stops, medical providers will need to know if you want to be resuscitated. If not, this is often referred to as a DNR, or a do not resuscitate order. Along with your advance directive, consider establishing a durable power of attorney for healthcare. This is a legal document that designates a healthcare proxy, which is a person whom you entrust to make healthcare decisions on your behalf if you are no longer able to. Your healthcare proxy will follow any preferences specified in your advance directive.
What Is Proximate Cause in a Personal Injury Case?
A personal injury case can involve complex issues, which is one reason why it’s advisable to choose a highly experienced personal injury lawyer with offices in Tracy or Livermore. Your personal injury lawyer must not only prove the actual cause of your injuries, but also the proximate cause or legal cause. Proximate cause is a key concept in holding a defendant liable for negligence . To better understand proximate cause, it may be easier for your personal injury lawyer to explain what proximate cause does not entail.
For example, if you drive through an intersection and a car nearly hits you, you may be understandably upset. As you continue driving, your distressed emotional state may prompt you to hit a parked car and sustain injuries. In this instance, the negligent driver may have remotely influenced your accident, but his or her actions do not constitute a proximate cause. To prove that proximate cause does exist, your injury lawyer would have to demonstrate that the defendant could reasonably foresee that acting in a negligent manner could have caused your injuries.
What Are the Components of a Complete Estate Plan?
Estate planning can be complicated, but delaying getting your affairs in order may lead to undesirable consequences. If you’ve experienced a change in life circumstances, such as the birth of a child, a marriage, or the death of a family member, it’s time to make an appointment with a will lawyer with offices in Tracy or Livermore. Your estate planning attorney will walk you through the process step-by-step.
Wills are a cornerstone of estate planning. A will serves several functions, including providing for the distribution of your property in accordance with your wishes. If you die intestate, which means without a last will and testament, then your property may be distributed in accordance with the laws of your state. Of course, it is not necessary to list every valuable item you own in your will. A simple will may leave all of a person’s possessions to his or her significant other. Or, you may designate most of your possessions to one person, with the exception of certain family heirlooms to be passed along to other individuals. You can also use your will to make charitable contributions and designate an executor. If you have minor children or you care for a permanently disabled individual, you can use your will to designate guardians .
You may have other beneficiaries in addition to those you name in your will. If you have a life insurance policy, you should check your designated beneficiaries and update this information if need be. You may also designate beneficiaries for your retirement plans.
You may choose to have your estate planning attorney establish a trust, which may provide tax advantages for your heirs. You can also use a trust to control the distribution of property after your death. For example, you may wish to leave assets to your minor children, but you may not necessarily want them to have access to the funds right away. You could structure your trust so that your children will receive a certain amount at specific intervals. A trust can help prevent financial irresponsibility among younger beneficiaries.
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