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What to Know About Negligent Misrepresentation

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What to Know About Negligent Misrepresentation

Negligent misrepresentation is one of three recognized categories or types of legal misrepresentation.

Misrepresentation is a term that can seem vague or ambiguous. For legal matters, misrepresentation simply refers to a mis-representation of fact, according to Investopedia.

In this article, learn exactly what you need to know about negligent misrepresentation in a legal setting.

The Three Main Types of Misrepresentation

As we mentioned in the introduction here, there are three main types of misrepresentation for legal purposes. While we will devote the rest of this article to negligent misrepresentation, it can help to understand how the types differ.

1. Innocent misrepresentation.

Innocent misrepresentation occurs when someone makes a statement without having any idea that what they are saying is not accurate or true.

For example, perhaps you signed a contract because the other party gave you information that they believed to be true which was in fact not accurate.

There was no intent towards wrongdoing. This is typically the simplest type of misrepresentation to clear up in court by simply voiding the contract.

2. Fraudulent misrepresentation.

Fraudulent misrepresentation occurs when an untrue or non-factual statement is made knowingly, according to E-Law Resources.

Often there is an active intent to defraud the other party or a simple lack of caring about the impact on the other party.

This is the most egregious or serious type of misrepresentation where damages are assessed against the defendant.

3. Negligent misrepresentation.

Negligent misrepresentation occurs when person making the statement doesn’t take the time to verify whether it is true or not.

As Legal Match explains, negligent misrepresentation causes the other party to rely on that statement and this reliance causes them harm in some way.

With negligent misrepresentation, milder events may result in simple contract cancellation and more serious events may also incur damages.

Examples of Negligent Misrepresentation

If you are not sure what type of misrepresentation you may be dealing with, sometimes it can help to take a look at some examples.

In this section, we give you common examples of negligent misrepresentation for comparison purposes.

Real estate negligent misrepresentation.

Let’s say you want to buy a property. You ask the seller (or their agent) if the property has ever had water damage. Without bothering to dig deeper, the other party simply answers “no.”

Later, you discover the property has mold problems because of previous water damage that was never remediated properly.

This is an example of negligent misrepresentation.

Contractual negligent misrepresentation.

In this example, let’s say you want to buy a used car. You go to the seller or sales agent and ask whether the car has ever had brake issues.

The seller/agent quickly says the car has never had brake issues without verifying this from prior owner records.

A few months later, the brakes fail while you are driving and the mechanic tells you that you have to replace them.

You have been a victim of negligent misrepresentation.

How to Press Charges for Negligent Misrepresentation

The first thing to know is that negligent misrepresentation is a matter for the civil courts, according to UpCounsel.

For claims of $10,000 or less, it may be possible to represent yourself in small claims court.

But since negligent misrepresentation can entail greater losses and the ability to sue for damages, the best path for this type of misrepresentation typically begins by consulting a qualified civil lawyer.

You want to verify that the type of issue you are dealing with is, in fact, negligent misrepresentation and not one of the other two types.

Next, you want to learn what your case might be worth in terms of damages.

Finally, you want to find out the potential timeline to have your negligent misrepresentation case heard by a judge and settled so you can move forward with your life.

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When to Call a Personal Injury Lawyer

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When to Call a Personal Injury Lawyer

Wondering if you should hire a personal injury lawyer for your personal injury case? Looking for a reliable personal injury law firm?

If you’ve been involved in a car accident or another type of accident and have sustained a personal injury, it’s essential that you get the compensation you deserve. Unfortunately, this can be hard to do without a personal injury lawyer on your side.

If you’re wondering if you should call a personal injury lawyer, read on. Here are a few situations in which you should hire a personal injury lawyer.

1. You’ve Been Severely Injured

One of the clear signs that you need to hire a personal injury lawyer is if you have sustained a severe bodily injury of some kind. 

With a serious injury, high costs can be involved. It will be important to document financial damages and ensure you receive adequate reimbursement. An attorney can help you file for compensation and ensure that you get the reimbursement you need.

Costs can be high when you have a severe injury, so hiring a lawyer can be well worth it.

2. You’re Not Sure How Much Your Claim is Worth

Another reason you may want to contact a personal injury lawyer is if you have a hard time determining how much your personal injury claim should be worth.

Damages will include more than just medical bills, but will also include other expenses that were a result of your injury. Costs could include lost wages, travel expenses, in-home healthcare, or physical therapy.

A lawyer can help you determine the value of your personal injury claim and can help you get the maximum amount.

3. An Insurance Company Has Become a Challenge

If an insurance company doesn’t do its job and acts in bad faith, then it may also be necessary to hire a personal injury attorney to help. The at-fault insurance company should meet their responsibilities, and if they don’t, you have reason to complain.

If an insurance company fails to investigate claims, provides false or misleading information, changes policy terms, or refuses to pay a valid claim, it could mean that they’re acting in bad faith. In this case, you should get a lawyer involved to ensure that you get the compensation you deserve.

4. You’re Being Wrongfully Blamed

If you’re being blamed for causing a car accident or for sustaining a personal injury when it wasn’t your fault, you may need a lawyer. Sometimes the other party’s insurance company or defense lawyer will blame you for all or part of the injury, potentially leading to your receiving reduced compensation.

If untrue statements have been made about your part in an accident, a personal injury attorney can fight on your behalf.

5. The Case is Complex

The more complex your personal injury case is, the more helpful it can be to get a personal injury lawyer to help you with it.

A product liability claim, for example, or a case involving the government can both be more complicated than a car accident case will be. Different laws and rules will come into play with these cases, so you’ll want to hire a lawyer to help with them.

Making the Choice to Hire a Personal Injury Lawyer

If you’ve gotten involved in an accident and have sustained injuries, it’s well worth hiring a personal injury lawyer. A personal injury lawyer will be on your side and will help ensure that you get the compensation that you deserve for your injuries.

In search of more helpful advice and guidance? Browse our blog now to discover more useful tips.

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Top 4 Benefits of Hiring a Business Attorney for Startups

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Top 4 Benefits of Hiring a Business Attorney for Startups

Were you aware that hiring a business attorney can ensure you have a successful business?

All of the largest, most reputable companies have worked with lawyers that have a ton of business law experience. While you may think a lawyer is only necessary when going to court, they provide several services that can benefit you at all times.

Before starting a business, learning about how someone with business law experience can help you will ensure you make better decisions. Fortunately, we’ll outline all the main things you should know.

Here are the top 4 benefits of hiring a business attorney!

1. Avoid Business Legal Issues

One of the main benefits of hiring attorneys for businesses is being able to avoid business legal issues. When starting a company, you’ll be required to file several documents with the government and comply with regulations. If you don’t have business law experience, you’ll have a hard time figuring out what to do.

Attorneys for businesses will provide you with all the necessary info you need for your new business. This will prevent you from facing harsh penalties, such as large fines.

2. Get Advice

Aside from avoiding business legal issues, you can get advice from a business attorney whenever you need it. This is often done when a business is about to make a move but isn’t sure whether it’s legal.

For example, if a company is going to sign a contract with another company, a business lawyer will review the terms of it. If they find something that could cause business legal issues, they’ll have you revise the contract.

3. Filing a Lawsuit Is Simpler

Many businesses resort to filing a lawsuit when they feel as though someone’s wronged them. Without a lawyer, filing a lawsuit is a complicated process because you’ll need to file a plethora of documents, like starting a business.

Attorneys for businesses can negotiate with the defending party to settle before taking things to trial. Should you need to go to court, they’ll represent you and do most of the talking.

4. Protect Your Property

Another thing business lawyers can help you do is keep your property protected. When you have lawyers on your side, you won’t have to worry about other companies stealing your ideas because you can quickly file a lawsuit.

You can also take appropriate action if someone damages your physical property. Filing a lawsuit would be a good start, but a lawyer will help you figure out what the best approach would be.

Start Hiring a Business Attorney Now

After reading this article, you now know exactly how hiring a business attorney can help you. We encourage anyone that wants to start a business to hire someone with business law experience as soon as possible. This will prevent you from running into business legal issues that can be hard to get out of.

When looking for attorneys for businesses, ensure they specialize in business law. You can check out various law firms and speak to them to help decide which one’s right for you.

For more business advice, browse our other articles!

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8 Truck Crash Documents to Have When Meeting Your Lawyer

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8 Truck Crash Documents to Have When Meeting Your Lawyer

According to a recent report, large trucks accounted for 10% of vehicular crashes last year. Unfortunately, over 4,000 people died as a result of these crashes. 

Yes, truck accidents can be fatal, but what happens when you’re involved in one and survive? What are your next steps?

One crucial step is contacting a lawyer so you can get the compensation you deserve. However, you’re going to need various truck crash documents to ensure you have a successful case.

Do you know what you need to bring? If not, continue reading to find out more about these essential documents.

Police Report

Whenever you’re involved in a truck accident case, the police officer on the scene will make an accident report detailing the nature of the situation. They’ll either do it on the scene or after the damage has been cleared.

In the report, you’ll typically find some valuable information such as:

  • If a driver broke any traffic laws 
  • Cause of the accident
  • Potential witness statements

It’s a crucial document that can help a lawyer bolster your defense. To access the report, contact your local law enforcement agency and give them the details regarding your name, the other driver, or the responding officer.

Photos and Videos

Once you get in an accident, your first instinct is to check your car to see if there are any damages. Since trucks are heavy vehicles, your vehicle will likely be damaged in some way.

To detail the impact of the damage, take pictures and videos after the accident occurs. They could be the determining factor in having a successful case.  

It’s much harder to prove who is at fault when there’s no physical evidence to show. However, having pictures and videos allows your lawyer to strengthen your case even more.

Medical Records

If you sustained injuries in the crash and were treated at the hospital, ensure you get copies of your medical bills and records. They include:

  • Diagnosis
  • Treatment
  • Prescribed medications
  • Recommended treatment

When you show medical records to a lawyer, it summarizes how the crash has impacted your daily life. However, depending on where you received treatment, it could take a few days or weeks to get the information you need. 

Witness Statements

Being involved in a truck accident can be a daunting experience, leaving you in a whirlwind. You’re trying to make sure you and your passengers aren’t severely injured. 

However, after the initial aftermath, next is determining who was at fault for the accident. Lines are often blurry here because no one wants to be the person who causes the accident.

But, if any witnesses gave a statement to the police, they could speak on your behalf. It provides a written summary of the accident from an unbiased perspective and keeps the witness from changing details of the story.

Proof of Income

Depending on the severity of your accident, you may have to take a few days off of work to recover. However, not working could severely impact your finances.

To help decide the amount of compensation you rightfully deserve, you’ll need to show proof of income in your truck crash documents. Ensure you have pay stubs or direct deposit statements to show how much you’ll be missing from not working.

Vehicle Damage Estimates

When your vehicle has sustained damage, you’ll need to file an insurance claim to repair any dents. However, before your lawyer can determine how much to ask for, you need to know the cost of damages.

Depending on your insurance provider, they may handle the damage estimates and provide you with the necessary figure. However, you can also take your vehicle to other body shops to get a second opinion on the price.

Once a number is determined, provide your truck crash injury lawyer with a detailed summary of the cost of damages.

Psychological Records

Truck accidents can be traumatizing because they’re a near-death experience. Not only do you suffer from these accidents physically, but sometimes they may have long-term mental health effects.

As a result, you may end up suffering from mental health issues and need psychiatric or psychological care. Some common problems a person may face include conditions such as:

  • PTSD
  • Anxiety
  • Depression
  • Recurring nightmares
  • Avoiding social activities

To help improve your case, make sure you give records of your treatment to your attorney. The additional support will show how severely your mental health has been affected by the accident.

Your lawyer will draft a release form that your treatment provider needs to sign to get the documents.

A Personal Journal

Although it’s not an official record that needs to be gathered, you can also provide your journal as evidence. It’s a great way to write down important information related to your accident.

A journal will also show others the impact the accident has had on your life’s quality. By detailing a chronological timeline, you can strengthen the position of your case and make your lawyer’s job easier.

These Truck Crash Documents Will Strengthen Your Case

Getting involved in a truck accident can be life-threatening. However, to get the compensation you deserve, ensure you talk to your lawyer about the truck crash documents you need for your case.

Without the items listed above, it can be harder to build a successful case. But if you gather the necessary documents, you can provide detailed support for your claim and show that you weren’t at fault for the accident. 

To learn more about truck crash injury procedures, check out our blog for related content.

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What to Look For in a Good Criminal Defense Lawyer

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What to Look For in a Good Criminal Defense Lawyer

If you’re facing charges, you want to walk into the courtroom with the best-of-the-best by your side. 

Names like Annalise Keating and Saul Goodman might be the first to come to mind. Unfortunately, these fictional TV attorneys won’t be much help in your case. 

The good news is that you can find a defense lawyer who is just as clever and determined. But we know it can be difficult, seeing as it’s not every day that you have to search for legal representation. 

That’s where our guide comes in. Read on to learn what to look for in a good criminal defense lawyer and improve your chances of a positive outcome. 

Know the Difference Between a Civil Attorney and Criminal Defense Lawyer

On your search for legal defense, you’ll probably come across civil attorneys and criminal defense lawyers. Know that these two professionals are not interchangeable.

If you’re facing criminal charges, you’ll need a criminal defense lawyer. A civil attorney won’t be very helpful as they exclusively handle non-criminal lawsuits. 

Verify Qualifications

Once you choose the right type of legal defense, you should verify their qualifications. 

A legitimate criminal defense lawyer will have a Juris Doctor degree. Additionally, they should be a member of your state’s bar association.

But don’t just take their word for it — verify credentials via the American Bar Association. You can choose your state, enter the attorney’s information, and see if they are actually board certified.  

Ask About Experience

Now’s not the time to take a chance on a rookie. In addition to being board-certified, Thehardylawfirm.com notes that your private criminal defense attorney should have plenty of experience. 

See how long they’ve been practicing law in your state and what kinds of cases they’ve taken. Ideally, they should be familiar with negotiations, trial proceedings, and everything in between. That way, you can count on them throughout the entire process.

Check Reviews

It might seem strange to ask your family and friends for lawyer recommendations, but it can help you find someone you trust! 

If you can’t find any personal recommendations, online reviews are the next best thing. Check platforms like the Better Business Bureau and Facebook to see what clients say about the defense attorney’s communication style, pricing, etc. 

Compare Price Models

When fines or prison time are at stake, you don’t want to go cheap. But you also need to find a lawyer who is within your budget. 

Ask about their price model and see if it’s something you can afford. By knowing whether they charge a flat rate or by the hour, you won’t be surprised by the bill later on. 

Start Your Search for a Defense Lawyer Today

It’s not enough to hire the first defense lawyer you come across — you need to find a good one. Working with the right attorney can improve the chances of clearing your name and getting back to normal. 

Use these tips to start your search today! Remember that time is not on your side, meaning it’s best to find a defense attorney sooner rather than later. 

Need more advice legal advice? Check out our other blog posts! 

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Common Types of Residential Lease Agreements in Texas

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Agreements

Land Lease Agreements are used for letting out a strip of land not having any property on it. Such kinds of leases might cover various purposes – such as Residential, Commercial and Agricultural. When it comes to residential lease agreement in Texas, these are some of the common types to consider.

Room Rental Agreements

This is the kind of agreement that you may opt for, in case you are planning to rent a room on your own property and would like to set some specific rules and boundaries. Such kinds of contracts can be assistive, and it is important to write how rent payments and utilities should be divided and the rules that exist for guests who are visiting.

Short-Term or Vacation Rental Agreements

Such kinds of agreements can be used for renting a property out for a short span of time, most often in the times when the said property is let out as a vacation rental. Generally, such agreements are for a span of 1 – 31 days. The contract needs to explain all the rules and laws to guests, and the kind of things that they may expect when they arrive.

Sublease Agreements

In case you are trying to get a property on rent from some other landlord, a sublease agreement can be used for renting out a room or property. Often, people prefer to get a property or room subleased – when there is a need to move although there is no wish to have the lease broken. There might be some requirements of landlords, regarding whether they would accept subletting or not.

Month-to-Month Lease Agreements

These are flexible options for tenants as well as for landlords, and are short-term leases. These can be assistive for landlords who do not wish to let their property out for 1 year or more time, but would like to have their rights protected in any case. You can easily get free rental agreement template of this type and create an agreement form of your own.

Fixed-Term Leases

This kind of agreement ends on the fixed term lease end date, when a new lease might be signed between a landlord and a tenant, which consists of updated dates as well as other details. The renter may alternately prefer moving at that time. Such kinds of leases use dates of calendars for setting the date of initiation and end of lease. This kind of rental lease agreement can be used when a renter gives his consent to renting a real estate property at a specific price for a specific period. These kinds of leases come with an end date that is predetermined.

Automatic Renewal Leases

Such kinds of leases tend to get automatically renewed after a specific period of time. It is also called “Periodic Tenancy”.

Most of the lease agreements happen to be in a written form. However, verbal lease agreements are contracts which may be enforced in the form of oral contracts. In any case, it is essential to understand that few states actually allow these agreements. In all states, these are prohibited.  Tenants-rights laws existing in every state protect tenants who are under verbal residential lease agreements. As commercial leases have a lot of complexities involved, substantiating such types of contracts in the court can be almost impossible. Naturally, these are not permitted.

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