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.
How Many Types of Background Checks Are There?
Did you know that in 2020, there were a little under 30 million background checks run? And that’s just the numbers up until September 2020 too!
It’s clear that we run tons of background checks, but how much do you really know about them?
What are the types of background checks anyway? And How many are there? Read on to find out!
Employment Background Checks
This is the type of background check that most people are familiar with. Employers will get your personal information and run it to see records that run up to 7 or 10 years ago.
They’ll look into your work history of course, but they’ll also look at your:
- Credit history
- Medical history
- Criminal record
Depending on the industry you’re in, there might be additional checks. For example, if you’re applying for a financial job, the employer will most likely check your financial history too.
Criminal Background Checks
This is very similar to an employment background check, but more specific. Employers will also order this type of background check, but it’ll delve into things like violent and sex crimes, as well as fraud and felonies.
The purpose of this background check is to ensure that the employees they hire won’t endanger the safety of their existing workers and clients.
OIG Background Checks
This is a very specific type of background check run by the Office of Inspector General (OIG). This is headed by the US Department of Health & Human Services.
They basically have something called a sanctions list. This is a list of people who have committed healthcare-related crimes. If someone’s on this list, they’re barred from working in federally-funded healthcare programs.
Credit Background Checks
This is one of the few background checks people are eager to go through. This is because the outcome determines whether or not they can proceed with some milestones. For example, with confirmation that you have a good credit score, you’ll be able to rent an apartment, get a car loan, get a mortgage, or sign up for a credit card.
These checks will not only look into your payment history, but also things like unpaid bills, tax liens, and bankruptcies.
Personal Background Checks
You can have personal background checks run for any reason. Maybe you just want to see what things turn up when others order certain types of background checks on you.
Or maybe you want to run a personal background check on someone you know. This is entirely possible with a professional private investigator. These professionals can even turn up other key pieces of information you might want to know.
Know the Types of Background Checks Out There
As you can see, there are several types of background checks. And now you know what they are too!
The next time you or someone you know needs a background check, you’ll have all the right facts. So share this knowledge with anyone who’s going to go through a background check soon!
If you found this article on different types of background checks helpful, then browse the rest of our blog now!
Below are seven different types of employment background check options you can leverage to find the perfect fit for your business.
- Identity Verification
- Criminal Background Checks
- Credit Background Checks
- MVR Reports
- Professional License & Education Background Checks
- Fingerprint Background Checks
- E-Verify Background Checks
Note: States that don’t currently have online records include Delaware, Massachusetts, South Dakota, and Wyoming. And – as with any background check – a criminal background check must meet federal credit reporting regulations. Be sure to check your local laws, check your local government resources, and consult with employment counsel.
Why should you consider getting a Social Security Disability (SSD) Lawyer?
Do you happen to think like your disability, if any, is hindering your work process?
Do you wonder if, in your current condition, you may not be able to work for long to sustain your living?
If yes, then right now is the high time to get protection from Social Security Law for your livelihood.
Since you will be dealing with Security Laws, you might need a Social Security Disability Lawyer to support your case. But, most of the people in need still do not want to get an attorney for themselves as they think their fees are high.
However, if you are reading this, I hope that you will consider getting yourself a fit Social Security Disability Lawyer. Before we proceed to those reasons, let’s see if you are eligible to receive Social Security Disability Insurance.
One cannot simply apply for Social Security Disability Claim if they do not qualify the required standards of the Law. Moreover, the means and qualification basis of Social Security Law for the different regions also vary, considering multiple factors. For instance, if you are a resident in Oklahoma or anywhere near the area, you can search for Social Security eligibility and benefits at https://sslcnow.com/. This Social Security Law Center will help you connect with the federal government to get legal and financial support.
But first, find out whether you qualify for the Social Security Disability compensation or not. To get detailed knowledge about the same, look at the “Listing of Medical Impairments” held by the Social Security Administration (SSA). There, you can have conditions that would mention you as disabled and qualify to receive Social Security benefits.
Suppose your medical condition is not found on the list. In that case, you can claim for Social Security benefits by showing your medical proof to the SSA-certified doctors. These medical proofs usually involve doctor examination reports, MRIs, Treatment reports, X-rays, blood work panels, CAT scans, and mental health records. After showing these reports as evidence for your medical condition, but still not getting approval means you need to get yourself a Social Security Disability Lawyer.
You may also like When to Seek a Disability Lawyer
Thus, let’s move forward and see what possible reasons incite you to get an SSD Lawyer.
- To help you understand your social security disability benefits.
Similar to getting standard health insurance coverage, receiving Social Security Disability Insurance (SSDI) also requires a proper understanding of the eligible benefits that you are entitled to. There are many other different benefits programs under the Social Security Administration (SSA). So, the application process for the right disability benefit is already complicated.
The Social Security Disability Insurance is for those who have contributed to the government system. And there’s this Supplemental Security Income (SSI) for those with minimum and limited income resources. Identifying where you qualify is a complex process. But, it is also likely that you are eligible for both types of benefits.
That is the reason why a lawyer is essential. They can help you receive the maximum benefits and avoid any minor mistakes while applying for the same.
- To help you process your application correctly.
Anything that involves Law is complicated stuff. And when you apply for a specific SSD benefit, you need to fit the requirements thoroughly to the minor details. Suppose you have any severe disability or impairment. In that case, you should have that disability for the last 12 months or are expected to bear it that long.
All your medical reports related to the mentioned impairment must be documented and certified by a licensed specialist doctor/physician. And an SSD attorney will help you process your application after thoroughly checking all the required details and documents to the designated SSA. They try their best to get you approval notice for disability benefits.
- To see that you receive proper benefits in full and do not risk disability benefits claim.
The SSD lawyer will help you throughout your application process till its approval by the administration. Then, they will ensure that you receive all the possible benefits that you are supposed to get since the time your impairment started. Yes, you can obtain some disability benefits even of the time before you filed your application. And only an SSD lawyer can help you prove that passing time.
An SSD lawyer also ensures that you avoid any mistake that could hurt your Social Security Disability claim. For instance, filing appeals before deadlines given.
- To ensure that you get your entitled benefits claim.
Many people get their Social Security Disability benefits to claim denied in the initial phase itself. But a Social Security Disability (SSD) lawyer can help you avoid any possible claim denials. They will fight for your claim rights to be approved. They will help you process your appeals to the SSA and federal court if required. They will try to present your condition as a solid case to get most of the claim benefits.
Top 12 Factors to Consider When Choosing Workers’ Compensation Lawyers
Choosing the right workers’ compensation lawyer can be a difficult decision. With so many options, choosing one can feel overwhelming.
How do you know what to look for in your lawyer? What should you ask them before hiring? These are just some of the questions that come up when thinking about choosing workers’ compensation lawyers.
This blog post will explore some factors to consider when choosing your worker’s comp attorney.
1. Experience With Similar cases
The first factor to consider is the lawyer’s experience with similar cases. If you are unsure of what this would be for your case, speak with your employer or a representative and ask them about any past workers’ compensation claims they’ve had in the last few years.
If you’re looking for a lawyer with workers’ comp experience, make sure to ask. Some attorneys specialize only in workers’ comp cases, while others may have handled one before, but they don’t do it regularly.
2. Experience at Trial
In addition to their work history, another thing to look into is how often the attorney had taken these types of cases before trial and won. It can make all the difference if you’re looking for someone who will take care of everything from negotiation to going through court proceedings.
3. How Long They’ve Been Practicing Law (Years)
Another important point when choosing between lawyers is how long they have been practicing law. The number of years as an attorney will give you a good idea about their level of experience.
It’s best to find someone with more courtroom experience should your case go all the way to trial.
4. Costs Involved for Representation (Attorney Fees)
The costs involved in representation will be another factor to consider when choosing an attorney. Some lawyers charge per hour and some charge by the project. So, it’s important to know exactly what your lawyer wants payment-wise before signing any contracts.
The cost may vary depending on the type of claim (or injury), location, and duration. Make sure this is taken into consideration when selecting workers’ compensation lawyers as well.
If possible, try comparing lawyer fees before choosing one. Some offer free consultations too, which can lead to better information about what to expect.
5. The Firm They Work For
One thing that will directly impact your legal costs is whether or not they work for an ‘established’ organization. For example, large firms often provide lower rates because they already have established relationships with insurance companies, so there are fewer challenges in negotiating benefits.
6. Location and Availability to Meet in Person
Many people choose their lawyer based on where they live or if it’s convenient for the lawyer to meet in person. If you want to have a face-to-face meeting with your attorney, it’s important that they’re located near where you live or work.
7. Passion for the Work They Do
Many lawyers will tell you they’re passionate about their work, but do they really mean it? Make sure you find out if this is truly something that interests them before signing on the dotted line. It’s also helpful to find out how long they’ve been practicing law.
8. Personal Comfort Level
The personal comfort level of both you and your lawyer is another important consideration when choosing an attorney for your workers’ compensation case. You need to feel comfortable enough to ask any questions that arise during meetings or conversations – so make sure it’s someone you like.
9. Do They Provide Free Consultations?
It’s in your best interest to speak with a lawyer and get an idea of what will happen from the beginning. If they provide free consultations, it may be worth meeting them just for that.
Their reputation is another important point to consider when choosing workers’ compensation lawyers. You want a lawyer who has won cases before, which means they’re good at what they do and will most likely be successful on your behalf too.
Lawyers with low moral standards are also not recommended, as they might cross ethical lines to get their clients what they want.
It is always best to hire attorneys with strong morals and abide by all workers’ compensation laws when fighting on behalf of their client’s interests.
11. Consider Their Approach to Your Case
When choosing workers’ compensation lawyers, consider the approach they use and what their priorities are – both yours and theirs. What’s important to them? Will that align with your needs as well?
There are many different approaches to dealing with these types of cases, so find out which suits you best.
12. References and Reviews
Getting references and reviews from others about their experiences with lawyers will also help. This way, you’ll know if they have had similar cases before and what that process was like. Again, the Internet has made this task much easier than ever before because there are probably at least a few reviews on each lawyer.
Choosing Workers’ Compensation Lawyers Simplified
When choosing workers’ compensation lawyers, you want to make sure they’re competent in handling your workers’ comp case and that their interests are aligned with yours.
It’s always a good idea to use caution when making any major decision – whether related to work or personal life choices. Take time to do your research on different firms and get advice from those who have been through this process before. There are lots of options out there but knowing how to choose the right legal team is well worth it.
For more informative articles, keep visiting our blog.
Dos and Don’ts of Personal Injury Lawsuits
Have you been injured on the job, on someone else’s property, or due to someone else’s negligence? If any of these scenarios describe your experience, you probably have grounds to pursue a personal injury lawsuit.
However, personal injury cases are not clear-cut, simple lawsuits. There are countless things you need to account for that can either add credibility to your case or undermine it.
We want to help ensure your success. Keep reading for a quick guide on the dos and don’ts while filing a personal injury lawsuit.
Do Hire a Personal Injury Lawyer as Soon as Possible
The absolute most important thing to do after suffering injuries is to contact a personal injury lawyer. They can help you prepare your case and guide you through the process. Just as critically, a personal injury attorney will help you identify all of your damages, as well as their values.
For example, personal injury claims cover more than just your initial medical bills. They also help you find restitution for things like missed wages, lost jobs, lost retirement benefits, physical therapy costs, medication, pain and suffering, emotional distress, and more.
Don’t Talk About Your Case on Social Media
Talking about your case on social media is one of the worst things you can do during a personal injury lawsuit. While we know you want to vent about your situation and keep your friends and family members updated, the things you post on social media aren’t necessarily private.
The defense can use things you say (and what others say to you) to invalidate your personal injury claims. Therefore, it’s best to keep everything surrounding your case far from your social media account.
Do Get Checked Out By a Doctor
One of the best ways to add credibility to your personal injury lawsuit is to get an official evaluation by a medical professional. Their diagnosis, documentation, and testimony regarding your injuries will carry a lot of weight in court if your case goes to trial. Although, most personal injury cases are settled before they go to court.
Regardless, you need to find an experienced doctor to learn more about the extent of your injuries and the details of the recovery process. This will be for your own benefit, as well as the benefit of your case.
Don’t Worry About Your Legal Expenses
Though it sounds counter-intuitive, you really don’t need to worry about the cost of your legal team. Most personal injury lawyers charge something called a contingent fee. Essentially, you only have to pay your lawyer if your case is successful.
However, this doesn’t mean you shouldn’t pay attention to their commission rates. Most lawyers will charge around 33% of your winnings to represent your case. Don’t overpay for services and be sure to ask if there are any additional fees.
Do Push for the Restitution You Deserve
Finally, during a personal injury claim, it’s vital to pursue the compensation you and your lawyer decide is adequate for your damages. Don’t settle for the first low-ball offer you get.
The defendant (typically insurance companies) will hope you jump on the first offer they give you because it’s easy money. However, the first offer is rarely enough to cover all of your long-term costs or compensate you for your pain and suffering.
Do You Have a Personal Injury Case?
If you’ve been injured in an accident that wasn’t your fault, reach out to a personal injury lawyer immediately to talk about your case. Most personal injury attorneys offer free case evaluations. Take advantage of these services to learn what to do moving forward.
And if you want more personal or professional advice, check out the rest of our blog while you’re here. Our website is full of articles written for people like you. We make it our mission to provide as much valuable information and insight as possible.
5 Things to Look For When Hiring An Attorney
Have you been charged with a crime? Are you looking to file a lawsuit against a person or organization? In either case, you would be wise to hire an attorney.
The question is: how do you go about hiring the right one? Here are 5 things to look out for when hiring an attorney.
There’s a big difference between simply passing the bar and actually practicing law in a professional capacity. Those who have just passed the bar are lacking in real-world experience, and so probably won’t provide the same level of service that a seasoned professional provides.
As such, you should ensure that your chosen lawyer has at least 2 years of experience in the field.
2. Affordable Rates
Not all lawyers charge the same thing. In fact, their rates can fluctuate wildly, with some charging as little as $75 an hour and others charging as high as $1,000 an hour.
You can only pay what you can afford, so you must find a lawyer within your budget. Depending on the severity of your situation, you might want to shell out a little more money to ensure that your lawyer is skilled and astute. Otherwise, you’re not going to want to blow up your bank account.
The next thing to look for when hiring a lawyer is specialization. See, most lawyers practice a specific type of law, such as divorce, estate, or criminal law. There are generalists out there, but they’re typically not as skilled in niche situations.
We recommend choosing a lawyer who’s versed in your type of case. So, for example, if you’re suing over workplace harassment, you should find a lawyer who practices employment law, like Gorvins LLP.
4. A Successful History
You don’t just want an experienced lawyer. You want legal representation that has proven successful in the past. As such, when speaking to different lawyers, you should ask them about their recent history.
You should also use sites like Avvo, Facebook, and Google. These contain reviews on lawyers from their past clients. Read through these reviews and use them to help in your decision.
5. A Good Rapport
The last thing to look out for in a lawyer is whether they have a good rapport with you. You want to feel comfortable around your lawyer, after all, as you’ll be spending quite a bit of time together. You might also be divulging intimate details about yourself and your life, and you want someone you can trust.
Most lawyers provide free consultations with potential clients. Seek out free consultations until you find a lawyer you’re comfortable around.
Hiring an Attorney Is Easier Than It Seems
In truth, hiring an attorney is easier than it seems. Just seek out the above-reviewed characteristics, and you should end up with the perfect lawyer for you.
On the search for similar information? Our website has you covered. Check out our other articles right now!
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