Philadelphia Law Firm Blog by Meyerson and O'Neill Attorneys

In conjunction with Dog Attack Prevention Awareness Week, we wanted to share some metrics regarding dog bites in the US…

Help prevent dog attacks by reading these dog bite prevention tips as well.

Whether you need assistance opening a business, seeking compensation for a major injury, writing a will, or defending yourself from civil or criminal liability, the process of hiring an attorney involves a great deal of trust. The sensitive nature of the attorney-client relationship requires that clients be protected in the event that their attorney makes a mistake or does not handle the case with the care and attention it deserves. One of the important safeguards available to clients who have been harmed by the negligent performance of their attorney is a legal malpractice lawsuit.

In order to raise a successful claim for legal malpractice, you must demonstrate three elements:

1. the existence of an attorney-client relationship,
2. a failure on the part of the attorney to fulfill the duty created by the attorney-client relationship,
3. damages arising from the attorney’s failure to adequately represent his client.

When a client can establish each of these three elements, the attorney is liable for the damages that were incurred by the client as a direct result of the attorney’s negligence.

The most complicated element of this test is the requirement that the client was harmed by the attorney’s mistake. This can be a tricky task because the client must first demonstrate that his case would have been successful if his attorney had acted in accordance with the standard of care. In other words, even if the attorney made a number of mistakes, the client cannot claim to have been harmed by those mistakes if the case was not going to succeed anyway. When a client is able to establish the merits of his case, and that he would have won but for the mistakes of his attorney, the attorney is liable to the client in an amount equal to the value of the underlying case.

The most viable legal malpractice cases are those that are based on a distinct breach of the standard of care that directly led to the dismissal of a claim. For example, if an attorney fails to file her client’s otherwise meritorious claim before the statute of limitations expires, then it is clear that the mistake caused the client to sacrifice the value of the lawsuit. On the other hand, it is very difficult to establish that an attorney’s performance caused the client to lose the case when the client’s complaints relate to trial strategy or performance, such as failing to call a particular witness or refusing to cross-examine a witness in the manner the client desires.

If you believe that your attorney’s negligence caused you to lose a lawsuit, you may be entitled to compensation for damages arising from your attorney’s mistakes. The attorneys at Meyerson & O’Neill have helped many victims of legal malpractice to obtain compensation for their injuries. If you believe that your attorney’s negligence caused you to lose a lawsuit, you may be entitled to compensation for damages arising from your attorney’s mistakes. Please call (215) 972-1376 for a free and confidential consultation with one of our experienced attorneys.

When a person dies at the fault of another person or entity, the surviving family members may be able to bring a wrongful death lawsuit to seek compensation for the survivors’ loss. Wrongful death lawsuits compensate the surviving family for damages suffered by the surviving family for pain and suffering, medical bills at the time of injury and at death, and funeral expenses. Damages are paid to the victim’s estate, but some money may eventually pass to the family members.

Wrongful death suits can be brought against a wide variety of persons, companies, and employees, but family members must prove that their loved one’s death was caused by someone else’s recklessness or deliberate act and not by their loved one’s own action or inaction.

These claims are a civil matter and can be brought upon people of all ages. However, a wrongful death lawsuit is different than criminal charges being brought against the negligent person or persons. If the negligent person or party is not found guilty of murder, the family of the deceased can still file a wrongful death claim.

In certain instances, even separated spouses can file wrongful death suits for the death of their estranged spouse. Parents can file wrongful death suits if their child dies from negligence, and likewise children can file suit if one of their parents dies from negligence.

Damages in a wrongful death case are structured so that the surviving spouse receives 60 to 70 percent of the net income of the deceased from time of death. In Ontario, intestacy laws are in place to distribute a person’s estate if the pass without a will. If the deceased was married at the time of death, then the deceased’s spouse takes a share of $200,000 and the law divides the balance by giving an additional portion to the spouse and the remaining portion to the deceased’s children, in equal shares depending on how many children there are surviving. The children might have the right to sue for support under Ontario Canada’s Succession Law Reform Act if they were considered dependents of the deceased and the deceased was under legal obligation to provide support. Visit www.Ontario.ca for more details.

Data on wrongful death and intestacy laws in Ontario is provided by Cariati Law.

If you die in the state of Iowa without a will, you are said to have passed away intestacy. Iowa intestate succession laws are in place to pass the assets you owned in your name only on to your closest family members. For children to inherit from you under laws of intestacy, they must be your children legally. For some families, this is a confusing issue. Adopted children will receive an intestate share as biological children do. Foster children and step children you never legally adopted will not receive a share of the intestate property. Children you placed for adoption who were never legally adopted will not receive a share. Your grandchildren will receive a share if their parent, your child, has died before you.

Read the following to understand intestacy laws in Iowa:

• If the deceased leaves behind children but no spouse, the children will inherit everything.
• If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
• If the deceased leaves behind a spouse and descendants from the deceased and the spouse, the spouse inherits everything.
• If the deceased leaves behind a spouse and at least one descendant from the deceased and someone other than the spouse, the spouse will inherit 1/2 of the intestate real estate and at least 1/2 of the intestate personal property, provided the spouse’s share is worth at least $50,000. The descendant(s) will inherit the rest in equal shares, if more than one descendant is living.
• If the deceased leave behind parents, but no spouse or descendants, the parents will inherit everything.
• If the deceased leave behind siblings but no spouse, descendants, or parents, the siblings will inherit everything.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-773-3515.

If you die in the state of Delaware without a will, you have died intestate. Assets that would normally have passed through your will are divided among your closest living family members according to Delaware’s intestate succession laws.

Read the following to understand about intestacy laws in Delaware:

• If the deceased leave behind children but no spouse, the children will inherit everything.
• If the deceased leave behind a spouse but no descendants or parents, the spouse inherits everything.
• If the deceased leave behind a spouse and descendants from the deceased and spouse, the spouse will inherit the first $50,000 of the intestate property and 1/2 of the balance, plus the right to use any intestate real estate for life. The descendants will inherit everything else.
• If the deceased leaves behind a spouse and at least one descendant from the deceased and someone other than the spouse, the spouse will inherit 1/2 of the intestate property and the right to use any intestate real estate for life. The descendants will inherit everything else.
• If the deceased leaves behind a spouse and parents, the spouse will inherit the first $50,000 of the intestate property, 1/2 of the balance, and the right to use any intestate real estate for life. The parents will inherit the remaining property.
• If the deceased leaves behind parents but no spouse or descendants, the parents will inherit everything.
• If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings will inherit the entire intestate property.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm for assistance today at 877-373-8059.

If you die in the state of New Mexico without a will, you are said to have died intestate. Under New Mexico intestate succession laws, who gets what depends on whether there are living children parents, a spouse, or other close relatives when you die. Only those assets that would normally go through your will are divided among intestate succession laws.

Read the following to understand intestacy laws in New Mexico:

• If the deceased leaves behind children but no spouse, parents, or siblings, the children will inherit everything.
• If the deceased leaves behind a spouse but no children, parents, or siblings, the spouse will inherit everything.
• If the deceased leaves behind parents but no children, spouse, or siblings, the parents will inherit everything.
• If the deceased leaves behind siblings, but no children, spouse, or parents, the siblings will inherit everything.
• If the deceased leaves behind a spouse and children, the spouse will inherit all of the community property and 1/4 of the separate property. The children will inherit 1/4 of the separate property.
• If the deceased leaves behind a spouse and parents, the spouse inherits all of the community property and 1/4 of the separate property, and the parents inherit 1/4 of the separate property as well.
• If the deceased leaves behind a spouse and siblings but no parents, the spouse inherits all of the community property and 1/4 of the separate property. The siblings inherit 1/4 of the separate property as well.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm for assistance today at 877-373-8059.

If you die in the state of Tennessee without a will, you are said to have died intestacy. Tennessee intestate succession laws are in place to divide assets among your closest living family members. What your spouse will receive depends greatly on whether or not you have living children, grandchildren, or great-grandchildren.

Read the following to understand intestacy laws in Tennessee:

• If the deceased leaves behind children but no spouse, the children will inherit everything.
• If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
• If the deceased leaves behind a spouse and descendants, the spouse and descendants equally share the intestate property, with the spouse receiving no less than 1/3 of the intestate property.
• If the deceased leaves behind parents but no spouse or descendants, the parents will inherit everything.
• If the deceased leaves behind siblings but no spouse, descendants, or parents, the siblings will inherit everything.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers of Meyerson and O’Neill law firm today at 877-373-8059.

If you die in the state of Wyoming, you are said to have died intestacy. Your assets will be divided through your family under Wyoming intestate succession laws. What your spouse receives depends on whether you have children, grandchildren, or great-grandchildren.

Read the following to understand intestacy laws in Wyoming:

• If the deceased leaves behind children but no spouse, the children will inherit everything.
• If the deceased leaves behind a spouse but no descendants, the spouse will inherit everything.
• If the deceased leaves behind a spouse and descendants, the spouse will inherit 1/2 of the intestate property and the descendants will inherit the remaining 1/2 of intestate property.
• If the deceased leaves behind parents and siblings, but no spouse or descendants, the parents and siblings will inherit the intestate property in equal shares.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm for assistance today at 877-373-8059.

If you die in the state of Arkansas without a will, you are said to have passed away intestate. Your assets are divided among your closest relatives according to intestate succession laws. In Arkansas, regardless of whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called “dower and courtesy.” This determines how much a spouse inherits based on how long they were married and whether or not they have descendants.

Read the following to understand intestacy laws in Arkansas:

• If the deceased left behind children or other descendants, they will inherit all of the intestate property. A spouse has the right to use 1/3 of the property for life, but the children inherit the property.
• If the deceased left behind a spouse of at least three years and no children, the spouse will inherit all of the intestate property.
• If the deceased left behind a spouse of less than three years and no children, the spouse will inherit 1/2 of intestate property, and parents, siblings, or other relatives can inherit the remaining 1/2 of intestate property.
• If the deceased left behind parents but no children or spouse, the parents will inherit everything.
• If the deceased left behind siblings but no children, spouse, or parents, the siblings will inherit everything.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.

If you die in the state of Kentucky without a will, you are said to have passed away intestate. Kentucky intestate succession laws are in place to divide your assets among your closest living family members. This only includes assets that would have passed through your will otherwise and are in your name only.

Read the following to understand intestacy laws in Kentucky:

• If the deceased left behind children but no spouse, the children will inherit 1/2 of the intestate property.
• If the deceased left behind a spouse and descendants, the spouse will inherit 1/2 of the intestate property and the descendants will inherit the other 1/2 of property.
• If the deceased left behind a spouse and parents but no descendants, the spouse inherits 1/2 of the intestate property and the parents inherit the rest of the property.
• If the deceased left behind a spouse, siblings, but no parents or descendants, the spouse will inherit 1/2 of the intestate property and the siblings will inherit the other 1/2 of property divided equally if there is more than one sibling.
• If the deceased left behind parents but no spouse or siblings, the parents will inherit everything.
• If the deceased left behind siblings but no spouse, descendants, or parents, the siblings will inherit everything.

To learn more about intestacy laws, visit www.nolo.com.

If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm today at 877-373-8059.