Monthly Archives: February 2018

Powers of Attorney – February 23, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

A “power of attorney” is a legal document that allows you to appoint a person to manage your affairs when you cannot do so yourself. A “general power of attorney” is used to give broad powers to a person or organization to act in your behalf in matters such as dealing with business and financial concerns. It can be useful when you will be out of the country and need certain matters handled. By signing a “special power of attorney,” you can delineate exactly what powers your agent can perform, such as sell property. A “health care power of attorney” gives your agent authority to make medical decisions if you are unable to communicate your choices about your health care.

Elder Abuse – February 16, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

Elder abuse is far more common than we might expect. According to a recent study, nearly 16 percent of older adults have been identified as victims of abuse. According to the Centers for Disease Control and Prevention, one in ten adults aged 60 years and older, who lives at home, suffers from abuse. Because many cases of elder abuse go unreported, due to either fear or embarrassment, this problem is likely underreported. With this in mind, it is the responsibility of friends, family, and loved ones to look for signs of abuse, which may be physical, psychological, sexual, or financial in nature. Concerned individuals should also look for signs of neglect or abandonment that threaten seniors’ health and well-being.

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.

Obviously – February 9, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

In order for plaintiffs to win their negligence cases, they must prove that the defendant’s negligence caused their injuries. In some cases, the attempt to establish this link involves the presentation of “circumstantial” evidence. On the other hand, some negligence cases reveal the defendant’s negligence to be so inextricably linked to the plaintiff’s injuries that it is obvious to all. In such cases, the Latin phrase “res ipsa loquitur” (“the thing speaks for itself”) applies. That is, the court can assume that an accident occurred due to someone other than the plaintiff’s own negligence, the defendant owed the plaintiff a “duty of care,” and the defendant “breached” that duty by acting negligently or carelessly.

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 Entitled to Severance Pay? – February 1, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

It is a common workplace misconception that workers are legally entitled to severance pay when they are discharged from a job. Whether it is given varies among employers, regions, and industry custom. However, an employer may be legally obligated to pay a worker some severance pay if there is a written contract stating that it would be paid. Otherwise, there may be a promise that employees would receive severance pay as documented in an employee handbook. In addition, although it may be difficult to prove, there may have been an oral promise that an employer would pay a worker severance. If so, the employer who reneged on a promise to pay severance may be sued for breach of contract.

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.