Category Archives: Legally Yours

Coming to a Resolution – by Christopher Lebherz

Lebherz & Lebherz, Attorneys at Law

Civil lawsuits that arise from accidents and injuries are often resolved early in the litigation process through a negotiated settlement between the plaintiff and defendant, when parties agree to settle the case.  This resolution between opposing parties can take place from the time the lawsuit is filed up to when the case has been tried but before the jury reaches a verdict. A settlement consists of an agreement by the plaintiff to give up the right to pursue any further legal action in connection with the accident or injury in return for monetary compensation from the defendant or insurance company. The final decision of whether or not to accept a settlement offer rests solely with the plaintiff.

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.

Do You Need A Lawyer? – by Christopher Lebherz

Lebherz & Lebherz, Attorneys at Law

Christopher LebherzMany people think they will never need the services of a lawyer because they lead quiet lives and never break the law. The fact is, however, that many individuals find themselves involved in civil lawsuits, the most common of which involve contract disputes. For instance, if a property owner were to contractually engage the service of a contractor who failed to keep up his or her end of the bargain, the two sides may find themselves arguing their cases in court. Other instances in which homeowners may find themselves in a legal argument involve disputes over property ownership and damages to one person’s property or real estate, which may be handled by a civil litigation attorney. Life can get contentious.

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.

Right from Wrong – by Christopher Lebherz

Lebherz & Lebherz, Attorneys at Law

If a person dies as a consequence of another person’s negligence or misconduct, the surviving family members of the deceased have cause to file a “wrongful death” lawsuit. Civil suits of this type often take place after a criminal trial, using similar evidence to gain a verdict that requires a lower “standard of proof.” That is, while the prosecution of a criminal case requires that guilt be established “beyond a reasonable doubt,” the plaintiff in a civil case need only prove that the defendant was responsible “by a preponderance of the evidence.” Financial injury is the primary measure of damages in a wrongful death action, encompassing loss of support and services, lost prospect of inheritance, and medical and funeral expenses.

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.

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.

Biting Commentary – January 25, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

Approximately 4.5 million dog bites occur in this country annually, according to the Centers for Disease Control and Prevention. More than half the states have “dog-bite statutes” that hold dog owners liable if their canines cause injury whether or not the dog owners had reason to believe their dogs were dangerous. Most laws cover all kinds of dog-inflicted injuries, not solely dog bites. In other states, the “one-bite rule” makes dog owners legally responsible for an injury if they knew the dog was likely to cause that type of injury. Bite victims must prove that the owner knew the dog was dangerous. If the injury occurred because the owner was negligent in controlling the dog, the owner is liable.

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.

Noisy Neighbors – January 22, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

Neighbors need not necessarily throw noisy parties or play loud music to disrupt the lives of those living close by. In this era of sensitivity to noise pollution, leaf blowers and lawn mowers are perceived as having the potential to create a credible noise problem. The first step in addressing this situation involves talking directly and respectfully to the neighbor making the noise in an effort to arrive at a resolution that both parties find acceptable. If that does not work, the noisy neighbor should be confronted with a copy of the local noise ordinance, with a note that repeats the request to keep the noise down. If this fails, a call to the police may be in order.

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.

The Make Whole Doctrine – January 12, 2018

Lebherz & Lebherz, Attorneys at Law

-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.