What to Expect with Adult Guardianship

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What is Adult Guardianship?

Adult Guardianship is a formal legal process where the court appoints an individual to act on behalf of a disabled person, property or sometimes both. A qualified licensed professional makes the decision to determine if the handicapped person is no longer capable of making medical or manage their financial assets for them self. There can be no other alternative to guardianship including a Power of Attorney or a Medical Advanced Directive.

Types of Adult Guardianship

There are two types of Adult Guardianship, Guardian of the Person and Guardian of the Property.

When you are appointed a Guardian of a Person, you will be responsible for making the medical healthcare decisions along with everyday living arrangements for the disabled person.

The second type of Adult Guardian is a Guardian of Property. As the Guardian of the Property, you are responsible for the disabled person(s) financial assets.

In conclusion, you should be aware of your responsibilities when appointed to be an adult guardian whether it be a person or a persons property.

At Davis, Upton and Palumbo LLC, we strive to exceed expectations for every client, in every case, every day. To learn more about our practice click here or contact us today.

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Why is it Important to Avoid Gaps in Treatment?

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This week Mark Palumbo explains why you should always avoid gaps in treatment when it relates to a Personal Injury claim. Any type of gap during the time you should be treating will cause the insurance company to reevaluate your case and question your injuries.

What is a gap in treatment?

A gap in treatment is when someone has been instructed by a doctor to seek further medical treatment because of their injuries and fail to complete the full length of treatment or takes breaks in between.

Why should you avoid taking breaks in between treatments?

Mark Palumbo suggests at your initial consultation that it is highly recommended to follow through with all of your medical treatment. If the Insurance company notices you are taking long breaks or otherwise deviate from your treatment plan, they will evaluate your case and could question how serious your injuries are.

Example:

If you are instructed by a doctor to go to physical therapy for eight weeks, twice a week you should do so. If you are told by a doctor to take a break from treatment that is acceptable, otherwise you should not be making that decision on your own.

In conclusion, it is important to follow the instructions you are given by a doctor regarding your medical treatment as if you don’t, that can affect your case.

At Davis, Upton & Palumbo, LLC, we understand that the issues our clients face when they have been injured due to the negligence of others. If you want to learn more about our Personal Injury services click here or contact us today.

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What is Tort Law?

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What is Tort Law?

A Tort is a civil wrong or a wrongful act whether it be intentional or unintentional that causes damages or injuries.

Three Types of Torts

There are three main types of Torts. First and most common, is a Negligence case. For example, this could be a car accident or slip and fall incident. Second is a Strict Liability case which is related to product liability. The last type is an Intentional Tort which can include assault or battery.

The Four Elements Required to Prove a Negligence Case

The most common type of negligence case is a car accident. If you are involved in an automobile accident, and you were not at fault, there are four elements that must exist to prove negligence has occurred.

First, there must be a duty, in this case, that would be driving in a prudent and reasonable manner.

The second element is that there was a breach of that duty which in an accident the driver at fault breached the duty of driving in a reasonable manner by hitting you.

Third, there must be a link between the action and damages. That means that there must be a connection to the drivers’ failure to operate a vehicle in a reasonable manner and the cause of the damage.

Finally, it must be proven that the driver not at fault has suffered and damages or injuries. The way to prove that is by providing the medical bills, medical records or any documentation from a mechanic involved in the incident.

In conclusion, it is important to understand what Tort Law is and all of the elements that go into these cases in order to best represent your situation.

At Davis, Upton & Palumbo LLC, our attorneys understand your needs and are known for their attention to detail. To learn more about our practice areas click here or contact us today. Read more

What is a Breach of Contract?

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This week, David Weigel explains what it means when there is a breach of contract.

What is a Breach of Contract?

A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.

Benefit of the Bargain

Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.

Other Damages

There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.

Other examples include awards of attorney fees if there is litigation in the case of a breach,  injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases.  Punitive damages are typically not awarded in contracts cases.

In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.

At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.

These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.

3 Common Myths About Divorce Court

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This week, Stephanie Noronha explains the truth behind three common myths regarding divorce.

Myth #1: Adultery

It is a common myth that if one spouse commits adultery, they forfeit their right to any marital assets.  This is not the case in Maryland,  the only time the court considers adultery is when it is going through the multiple factors to determine if alimony is appropriate.  It is true that adultery can impact the amount or duration of any alimony awarded.

Myth #2: Denial of Divorce

Another common myth is that one spouse can deny the other spouse a divorce.  This is also not true, as long as they meet statutory requirements a spouse cannot be denied the right to seek a divorce from the other spouse.

Myth #3: Child Support

Finally, another common myth is about paying child support.  Some people think that if the non-custodial parent is denied visitation rights by the custodial parent, then the non-custodial parent doesn’t have to pay child support. This is not the case; these two things are exclusive. There are other remedies that the non-custodial can seek with the court but the obligation to pay child support is continuing.

In conclusion, there are many myths about divorce. To understand the laws around divorce, you should talk to an experienced family law attorney.

At Davis, Upton & Palumbo LLC, we guide our clients through the divorce process, making sure they understand all of their options and their rights. Family and domestic matters can be stressful, contentious and emotional. That is why we provide our clients with the time and support needed to get through a divorce successfully. If you want to learn more about our Family Law Services, click here or contact us today. Read more

What are the Top 3 Things I Can Do To Prepare For My Case?

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This week Michael O’Shea shares the top three strategies you can do to prepare for your case. Following these easy steps can help to ensure that your case will be as strong as possible.

Gather All Evidence For Your Case

You will want to start by accumulating all evidence regarding the matter. This includes all documents, ledgers,  videos, etc. Your attorney will want to see these items to help prepare for the case.

Gather Witnesses For Your Case

The second step you can take is gathering a list of any potential witnesses and information they may have regarding the facts. A witness is someone who has gathered information, witnessed an event, prepared a document or has done an inspection relating to your case. Your attorney will want to talk these witnesses and decide if your witnesses should be called in the case.

Avoid Social Media

Lastly, you will want to avoid any comments and/or thoughts on social media sites as this can benefit the Opposing Party.  Many people do know that comments on social media can waive your attorney-client confidentiality or harm your case.

In conclusion, make sure that you follow these three simple and effective steps to help your case.

At Davis, Upton & Palumbo LLC, we know that legal matter can be stressful. We are here to help make sure your case goes smoothly. As a general practice law firm, we have the resources and capabilities to handle a wide variety of legal matters. If you want to learn more about our Practice Areas, click here or contact us today! Read more

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