Christopher Lebherz Blog

The Make Whole Doctrine – January 12, 2018

-by Christopher Lebherz

When individuals are physically harmed as the result of the negligence of others, the “make whole doctrine” seeks to place the damaged parties back into the position they would have been in before the injury caused by another. Both economic (out-of-pocket) and non-economic (loss of physical and mental well-being) losses are restored through monetary compensation. The term “general damages” refers to non-economic losses such as “pain and suffering.” The valuation of such loss is left largely to the jury’s discretion. “Special damages” are those awarded for compensable harms such as medical expenses and lost wages. These can easily be quantified with the help of bills, pay stubs, and the like. Plaintiffs should give a full accounting of their losses.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

Over Before It Starts – January 7, 2018

-by Christopher Lebherz

The vast majority of civil cases never go to trial either because both sides reach a settlement beforehand or cases are dismissed. A “motion to dismiss” may be filed by a defendant who asserts that the plaintiff has failed to state a viable cause of action. In short, the plaintiff has no case, or has missed the statute of limitations. Another way to avoid a lawsuit going to trial involves filing a “motion for summary judgment,” typically filed after discovery is completed. This motion is granted when a party can get the court to determine that there is no issue of material fact and the undisputed facts indicate that one party should win the case as a matter of law.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

Are You Liable For Injuries On Your Property? – December 29, 2017

-by Christopher Lebherz

Property owners have a responsibility for maintain a relatively safe environment that ensures that those entering the property have a reasonable expectation of not getting injured. This legal concept, know as “premises liability”, comes into play when an injury is caused by an unsafe or defective condition on someone’s property. Regardless of whether the accident takes place in a store or residence, or on public property, two basic rules determine who is legally responsible. First, the owner of the property has a legal duty not to expose those who enter to unreasonable risk due to faulty design, construction, or condition. However, property owners are not held liable for those entering the property in an unexpected, unauthorized, or dangerously careless manner.

If someone is seeking compensation for an injury that occurred on your property, you may or may not be held legally responsible. Did you give that person permission to be on your property, or did they enter without your knowledge or approval? Did you take reasonable precautions to prevent them from injury?

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

Unfinished Business – December 22, 2017

-by Christopher Lebherz

When a home improvement contractor fails to finish the work he or she was contracted to perform, a home owner may seek reimbursement from the contractor’s “bond”. When a contractor is bonded, there is an agreement between the consumer, the contractor, and the (insurance company) agent who issues the bond that guarantees the contractor will do the work outlined in the contract. If not, the consumer can report the problem to the issuing agent and receive compensation. Otherwise, consumers may hire an attorney to help initiate legal action. A lawyer may also help when a homeowner wants to fire a contractor. This action can be taken if it can be proven that the contractor committed a material breach of contract.

If you are experiencing unsatisfactory or uncompleted work and have tried unsuccessfully to resolve the issue with your contractor, you may need to seek the services of an attorney. Failure of a contractor to fulfill contractual agreements on time or as specified constitutes breach of contract.

Lebherz & Lebherz, Attorneys at Law, can seek a remedy through legal means so that you can move forward with getting the work done properly. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to arrange a meeting at our office at Old Bailey Court, 99 Town Hall Square.

Settling Your Workers’ Comp Claim – December 15, 2017

-by Christopher Lebherz

If you were injured at work resulting in a lasting impairment, you may be able to negotiate a settlement. For instance, if the state allows injured workers to negotiate a lump sum settlement, you may prefer that over continuing to receive permanent weekly disability payments. You may also be able to settle any disputed amounts, past-due temporary disability payments, and unreimbursed medical expenses. In addition, it may be possible to negotiate an agreement for a structured settlement. However, by accepting a settlement, you may be giving up your right to receive compensation for future medical treatment. Because the wording of the settlement can be critical, it pays to have an experienced attorney on your side.

Preliminary estate planning with the assistance of a good attorney can be one of the best bequests you can leave your beneficiaries at your passing. We can help you make these arrangements. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to arrange a meeting at our office at Old Bailey Court, 99 Town Hall Square. We can discuss your wishes and see that they are followed to the letter.