What is negligence and how is that determined?

Negligence is when someone fails to act in the manner of an “ordinary reasonable person. For example, an ordinary and reasonable person would be expected to travel at the posted rate of speed on an Interstate.

However, if there are intervening weather conditions that make it impossible to drive the posted limit, what is the reasonable standard of care that one should take when weather factors might be a factor in driving. Sometimes this critical element in a cause of action has to be determined by a jury if no reasonable settlement can be reached between the parties.

It is important to know what your rights are according to personal injury law. The complexities of personal injury law can be fully explained by a consultation with a reputable personal injury lawyer.

What is a governmental grant agency and how can I use its services?

The government grant agency is sponsored by the Department of Health and Human Services and is responsible for assisting citizens with searching for and apply to receive grants sponsored by the federal government.

There are over 900 grant programs available from 26 federal grant-making agencies. These agencies award over $360 billion annually to the grant community, including state, local and tribal governments, academic and research institutions, and non-profit agencies.

Types of grants available include:
* agriculture
* arts
* business and commerce
* community development
* consumer protection
* disaster relief
* education
* employment,
* energy
* environmental quality
* food and nutrition
* health
* housing
* humanities
* statistics
* legal services
* natural resources
* regional development
* science and technology
* social services
* income security
* transportation.

Contacting the Department of Health and Human Services to find out if you or your agency qualifies for grant benefits may prove to be difficult in and of itself. Perhaps the first course of action would be to contact an attorney that deals with federal grants for assistance.

How is a determination made for someone that may qualify for free legal services?

Nearly ever state in the US has a non-profit legal aid type foundation where citizens can take advantage, if they qualify, of free legal services.

These services can range from civil causes of action such as elder law services, family and domestic law, farm law, public benefits and disability law, children's legal services, and cooperative programs with the private bar, which may include reduced fee agreements and pro bono work, or work done for no charge.

Legal services usually can provide representation or referrals generally for citizens meeting income guidelines for the area. Most of the free legal services fall under the Legal Services umbrella and may be restricted upon some representation but usually strives to serve the poor of their communities with “equal justice under the law.”

Obviously another qualification is that you have a problem that has a legal remedy and can be resolved through the court of law in your area. Things that most free legal services cannot help with are criminal cases, traffic cases, accident claims, personal injury or wrongful death suits or representation to prisoners.

What are my rights with regard to personal injury law?

Personal injury laws vary from state to state but essentially arise from a breach of duty, or what is referred to in the legal world as a “tort.”

A tort has four elements, which include the existence of a legal duty owed by one person to another, one person has breached duty; the breach of this duty was the cause of the injury suffered by the first person and there are damages that have occurred by the person suffering the injury.

Typically, all of these elements must be present to have a claim against the offending person. If you have been hurt or injured in some way and you feel that there might be a cause of action, it is best to consult a qualified and reputable personal injury attorney to examine your rights and any potential compensation you may be due as a result of someone else's negligence.

Are medical malpractice claims limited only to physicians?

Essentially, any medical professional, such as a nurse, a therapist, a pharmacist or a medical doctor can be subject to medical malpractice claims.

There is a standard of care for each aspect of healthcare and all professionals should consider carrying professional liability insurance to protect them in the event of suit being filed against them.

There may be causes of action where two or more medical professionals are named in a medical malpractice lawsuit, such as in the case of an injury resulting during childbirth, for example. The attending physician may be listed as well as any nurses or midwives caring for the patient. This is termed as join and several liabilities, wherein more than one party may be named as a defendant.

The term vicarious liability also refers to situations in which perhaps a hospital would be vicariously liable for any acts committed by its employee physician or nurse attending the injured party.

At what point should I contact a US government agency about receiving my full benefits as a veteran?

The federal government agency that oversees veteran benefits is the Department of Veterans Affairs. Benefits for veterans and their families can include health, home loan, life, education and burial assistance.

You must file a claim with the Department of Veterans Affairs to receive these benefits. The process you must go through with the government will result in a decision by the department as to whether they feel you qualify for assistance. If their decision isn't satisfactory and you feel that you're unduly being denied benefits, you will have to undergo an appeal process.

Because the laws with regard to benefit assistance can be complicated, it might be helpful to contact an attorney that specializes in dealing with this very issue.

Is there any risk involved in purchasing a legal service plan, such as a prepaid legal advice?

As with the purchase of any “insurance” type of product, there is always a chance that you will not need the services being sold. One should carefully consider whether a legal service plan is something that you or your family would benefit from on such a basis that would prove worth the cost of the plan.

Depending upon the services being offered and purchased, one could argue that purchasing this type of product is in the long run more cost effective. When contemplating whether or not to enter into this type of arrangement, be sure you know everything that your prepaid legal service will include.

As with any product, review carefully any services or even promises made to you regarding the plan and coverage. Some prepaid legal companies in the past have gotten into trouble by promising reward or dividends to members who brought other members into the company.

Avoid this type of pyramid plan unless that is the focus of your interest. If you're an informed consumer, this type of prepaid legal service can be beneficial for you, your family or your business.

How long do I have before I must decide if medical malpractice was committed?

Laws governing medical malpractice vary from state to state in the US. Some states have laws limiting the amount of damages one can recover by such an action as well as specific statutes of limitation or time allowed by law in which to file such a cause of action.

Depending upon the state, there may also be mandatory mediation or arbitration before a medical malpractice suit may be filed. As with any presumed cause of action, it is strongly suggested that consultation with a reputable medical malpractice attorney be done in a timely manner. Medical malpractice is not always the result just because a procedure was not successful. However, in order to make that determination, a medical malpractice lawyer should be consulted.

The general rule is that you have two years after the act occurred, but again, consultation with a medical malpractice lawyer is highly recommended.

Are there forms to be filled out when applying for child custody?

Child custody forms can usually be obtained at your local county clerk's office if you are unrepresented by an attorney. Because the law can often be complex, consider carefully your option to be represented by a good, reputable child custody attorney.

If you feel that your rights have been violated, whether you're the custodial parent or non-custodial parent, be sure to first take into account what the judge or court will look at primarily, which is the “best interest” of the child or children. Your concerns may be viable and valid, yet without representation in court, they will not be sufficiently considered.

It may be worth the effort and money to hire an attorney to represent you in the matter. Your local bar association can refer you to a lawyer specializing in family law and child custody matters. There are also websites you can visit which can assist and direct or match you to a good child custody attorney in your area. Most offer free, fast and confidential services in providing names of qualified and reputable counsel.

I see so many lawyers listed in the phone book and on various websites. How do I know if I'm choosing the right lawyer from these legal directories?

Legal directories are a source of information with regard to attorneys licensed to practice in your area. Phone directories can be sometimes confusing because of the amount of listings involved and even though most are on the up and up, anyone can buy an ad in the phone directory.

Because there are limitations on knowing just who to contact using these traditional sources of information, often people turn to a legal matching service. These are very reputable sources that generally pre-screen their members and require qualifications and referrals as well as references. These services can often narrow your search and the burden that comes with locating and choosing the attorney that best fits your needs.