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Workmans compensation is a state insurance program that offers benefits to employees who are injured on the job. Each state has its own particular laws and procedures for compensation. For current information on workmans comp in your state, contact your state workmans compensation office.
Workmans Compensation Questions and Answers
Why do employers fight workmans compensation claims?
Employers sometimes fight legitimate workmans compensation claims because they are afraid that expensive awards could cause their insurance premiums to rise. In addition, they want to discourage other injured employees from suing, or they want to defend their company's public image.
Should I get a workmans compensation attorney?
Yes.
An experienced workmans compensation lawyer can make sure you receive the best possible result. Another reason: if your case is not handled correctly, your workmans compensation benefits could significantly reduce any Social Security disability payments.
Can you sue for emotional distress under the workmans compensation laws?
Perhaps. Stress, for most workmans, is a normal aspect of work, though if stress is so severe that it causes psychological injury, you may be able to qualify for workman’s compensation.
Can I sue under workmans compensation for pain and suffering?
No. However, you can claim for permanent injury and receive a lump sum payment to compensate you for the damage your work injury has caused you.
Can I sue my employer for anxiety and stress?
Maybe.
You can sue if you are subject to experience anxiety that is unexpectedly high. If the minor stress of answering emails in a comprehensive and manner is expected and normal, you probably could not recover, but constant verbal abuse that leads to physical distress might support an award under workmans compensation.
What constitutes unfair treatment at work?
What Constitutes Unfair Treatment? It is illegal to harass or discriminate against someone because of so called "protected characteristics" such as age, disability, pregnancy, gender identity, sexual orientation, race, religion, color, nationality and sex.
Most courts require proof of four factual elements for an emotional distress claim to be successful:
The employer or his agent acted intentionally or recklessly,
The employer or agents conduct was extreme and outrageous,
The employer or agents actions caused the employee mental distress.
What is needed to prove intentional infliction emotional distress?
The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress.
Things You Should Never Tell Human Resources
Leaving While on Leave.
Lying to Get Leave Extensions.
Lying About Your Qualifications.
Changes in Your Partner's Career.
Moonlighting.
Lawsuits You've Filed Against Employers.
Health Issues.
Personal Life Issues.
What is proof of hostile work environment?
To prove a hostile work environment claim, an employee must prove that the underlying acts were severe or pervasive.
The harassment must be both unwelcome and offensive to you, as well as being objectively offensive which means that the reasonable person would find the work environment hostile and abusive.
What are the signs of a toxic workplace?
Here are a number of signs that your work environment or workplace might be toxic:
Your input is not valued.
Gossip and rumors run rampant
Unfair policies and unequal enforcement of them
Communication issues & lack of transparency
Lack of work life balance.
Bad morale.
What to ask for in a workmans compensation settlement?
The insurance company may use your rating to come up with the starting settlement amount, but you may want to ask for a moderately higher amount for permanent disability compensation, plus the cost of future medical treatment and any past-due temporary disability benefits.
A Workman's Compensation case is a type of personal injury case in which a person called the Plaintiff slips, trips, or falls on the property of another person called the Defendant and is injured. These cases are complicated due to the fact that depending upon if the injured person is an invitee, a licensee or a trespassor, the status of the injured person will determine upon the ability to recover damages. Determining the status of the injured person requires special analysis.
Negligence is the act or commission that falls below the standard in the community in which the act or commission was committed.
Helpful Legal Terms
Decision - Judgment given or reached by a court of law.
Costs - Fees charged by the court, including service fees, publication fees, witness fees, and so forth. Costs do not include attorney fees.
Corpus Delicti - The fact that a crime has been committed. Corpus delicti is sometimes erroneously used to refer to the remains of a burned house or the body of the victim of a homicide, but the term actually has a broader significance. If the prosecution wishes to convict someone of a crime, it must begin by proving that a criminal act took place, in other words, proving a corpus delicti.
Counsel - Legal advisers or lawyers.
Counterclaim - Claim against the plaintiff by the defendant in a civil case . In effect, a counter lawsuit within the greater lawsuit.
Declaratory Judgment - A judgment of the court expressing the opinion or setting forth the existing law as to the rights and status of the parties, but which does not award relief or provide enforcement.
Defamation - Anything tending to injure a person's reputation. Libel is published defamation, whereas slander is spoken. In Maryland, the distinction between libel and slander has been erased.
Default - A failure to respond to a lawsuit within the specified time.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused make restitution for damages undergo some sort of rehabilitation.
Disclaim - To decline an inheritance made in a will; for example, an heir might not be willing to accept property that poses a threat to health and safety of the community.
Discovery - Gathering or investigation information by opposing parties prior to going to trial. Tools of discovery include depositions, interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A right or power conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.
Designee - A person appointed by the court to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Direct Examination - The first questioning of witnesses by the lawyer who called him or her, jack i hyatt, jack i. hyatt,
Directed Verdict - An order by the judge to the jury to return a specific verdict. Now called judgment as a matter of law.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official
Direct Examination - The first questioning of witnesses by the party on whose behalf they are called.
Directed Verdict - Now called judgment as a matter of law. An instruction by the judge to the jury to return a specific verdict.
Disbarment - Form of discipline of a lawyer resulting in the loss often permanently of that lawyer's right to practice law. It is more severe than censure an official reprimand or condemnation and suspension a temporary loss of the right to practice law.
Discharge of bond - A court order to release a bond.
Disclaim - To refuse a gift made in a will.
Disposition - The sentencing or other final settlement of a case or legal matter, jack hyatt, jack i hyatt,
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Cross-Claim - Claim by codefendants or coplaintiffs against each other in a civil case and not against parties on the opposite side of the lawsuit.
Record Written account of the proceedings in a case, including all evidence, pleadings, and exhibits submitted in the course of the case.
Redemption A procedure in a Chapter 7 case whereby a debtor removes a secured creditor's lien on collateral by paying the creditor the value of the property. The debtor may then retain the property.
Remand Send back.
Discharge of bond - A court order to release a bond.
De Novo - A trial de novo is a new trial of a case, such as a circuit court trial de novo of a district court case.
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Court Administrator or Clerk of Court - Officer of the court who oversees business of the court, the non-judicial, administrative, functions of the court.
Court Costs - Fees charged by the court, including witness fees, service fees, publication fees, and so forth. Costs do not include attorney fees. A court may award court costs to the successful party, from the losing party to reimburse for the winner's court costs.
Court - Generally, the judicial branch of government. Judges sometimes refer to themselves in the third person the court.
Court Recorder - Deputy clerk who maintains on tape a verbatim record of court proceedings.
Court Reporter - Certified person who maintains a verbatim record of court proceedings, jack hyatt, jack i. hyatt, jack hyatt lawyer, jack hyatt attorney.
Court Rules - Procedural rules court that control the litigation process. Court rules often dictate the style and format of documents submitted to the court.
Designee - A person appointed by a judge to act for the court to set conditions of release for any person arrested at a time when the judge is not available.
Direct Evidence - Proof of facts by witnesses who saw acts done or heard words spoken.
Reverse The act of a court setting aside the decision of a lower court. A reversal is often accompanied by a remand to the lower court for further proceedings.
S
Sanction A penalty or other type of enforcement used to bring about compliance with the law or with rules and regulations.
Schedules Lists submitted by the debtor along with the petition or shortly thereafter showing the debtor's assets, liabilities, and other financial information. There are official forms a debtor must use.
Secured creditor A secured creditor is business or individual holding a claim against the debtor that is secured by a lien on property of the estate. The property subject to the lien is the secured creditor's collateral.
Secured debt Debt for which the creditor has the right to pursue specific pledged property upon default. Debt backed by a mortgage, pledge of collateral, or other lien. Examples include home mortgages, auto loans and tax liens. jack hyatt, jack i. hyatt, attorney jack hyatt, jack hyatt esquire,.
Senior judge A federal judge who, after attaining the requisite age and length of judicial experience, takes senior status, thus creating a vacancy among a court's active judges. A senior judge retains the judicial office and may cut back his or her workload by as much as 75 percent, but many opt to keep a larger caseload.
Sentence The punishment ordered by a court for a defendant convicted of a crime.
Sentencing guidelines A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant.
Service of process The delivery of writs or summonses to the appropriate party, jack i. hyatt. jack hyatt,
Settlement Parties to a lawsuit resolve their dispute without having a trial. Settlements often involve the payment of compensation by one party in at least partial satisfaction of the other party's claims, but usually do not include the admission of fault.
Sequester To separate. Sometimes juries are sequestered from outside influences during their deliberations.
Small business case A special type of chapter 11 case in which there is no creditors' committee or the creditors' committee is deemed inactive by the court and in which the debtor is subject to more oversight by the U.S. trustee than other chapter 11 debtors. The Bankruptcy Code contains certain provisions designed to reduce the time a small business debtor is in bankruptcy.
Statement of financial affairs A series of questions the debtor must answer in writing concerning sources of income, transfers of property, lawsuits by creditors, etc. There is an official form a debtor must use.
Law - The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and established by local custom
declared incompetent, or other person under some disability, jack hyatt, jack i. hyatt, jack hyatt lawyer, jack hyatt attorney,
No Bill - This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict
Noise Control Act - A act which gives government agencies the right to issue standards and regulations relating to abatement of noise emissions
Nonfeasance - Nonperformance of an act which should be performed omission to perform a required duty or total neglect of duty
Nonjury trial - Trial before the court but without a jury, jack hyatt, jack i. hyatt,,
Notary Public - A public officer whose function it is to administer oaths, to attest and certify documents, and to take acknowledgments
Pour-Over Will - A will that leaves some or all estate assets to a trust established before the will-maker's death.
Discovery - Investigation and gathering of information by opposing parties prior to going to the trial. The tools of discovery include: interrogatories, depositions, production of documents or things, permission to enter land or other property, physical and mental examinations, and requests for admission.
Discretion - A power and or a right that is conferred on a judge to act according to the dictates of his own judgment and conscience, uncontrolled by the judgment or conscience of others.
Dismissal - An order or judgment disposing of a case without a trial. With prejudice - In criminal cases, the defendant may not be charged with the specific crime again. A case is usually dismissed with prejudice when the court has not pursued action within the six-month time limit. In civil cases, the complainant is barred from bringing the same claim or cause of action against the same defendant. Without prejudice - the person may be charged with the specific crime again. A case is usually dismissed without prejudice when more evidence is needed in a case or the case needs to be filed in another court because of jurisdictional issues. In civil cases, the plaintiff is entitled to bring the same claim or cause of action again.
Equitable Pertaining to civil suits in equity rather than in law. In English legal history, the courts of law could order the payment of damages and could afford no other remedy. A separate court of equity could order someone to do something or to cease to do something by injunction . In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. A trial by jury is normally available in law cases but not in equity cases, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,
Equity The value of a debtor's interest in property that remains after liens and other creditors' interests are considered.
In forma pauperis In the manner of a pauper. Permission given by the court to a person to file a case without payment of the required court fees because the person cannot pay them. discrimination law
Information A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
Injunction A court order preventing one or more named parties from taking some action. A preliminary injunction often is issued to allow fact-finding, so a judge can determine whether a permanent injunction is justified.
Insider of corporate debtor
A director, officer, or person in control of the debtor; a partnership in which the debtor is a general partner, a general partner of the debtor; or a relative of a general partner, director, officer, or person in control of the debtor.
Insider of individual debtor Any relative of the debtor or of a general partner of the
Exempt assets Property that a debtor is allowed to retain, free from the claims of creditors who do not have liens on the property.
Federal public defender organization As provided for in the Criminal Justice Act, an organization established within a federal judicial circuit to represent criminal defendants who cannot afford representation. Each organization is supervised by a federal public defender appointed by the court of appeals for the circuit.
Federal question jurisdiction Jurisdiction given to federal courts in cases involving the interpretation and application of the U.S. Constitution, acts of Congress, and treaties.
Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts, jack hyatt, jack i. hyatt, jack hyatt attorney,.
Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.
Summary judgment The decision made on the basis of statements ord evidence presented for the record without a trial. It may be used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law. discrimination law
Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.
Felony A serious crime, usually punishable by at least one year in prison, jack hyatt, jack hyatt, jack i hyatt attorney, jack hyatt lawyer, .
File To place a paper in the official custody of the clerk of court to enter into the files or records of a case.
Fraudulent transfer A transfer of a debtor's property made with intent to defraud or for which the debtor receives less than the transferred property's value.
Fresh start The characterization of a debtor's status after bankruptcy, free of most debts. Giving debtors a fresh start is one purpose of the Bankruptcy Code.
G
Grand jury A body of citizens who listen to evidence of criminal allegations, which is presented by the prosecutors, and determine whether there is probable cause to believe an individual committed an offense. See also indictment and U.S. attorney.
H
Habeas corpus Latin, meaning you have the body. A writ of habeas corpus generally is the judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way, jack hyatt, jack i. hyatt, jack hyatt lawyer, jack hyatt attorney,
Exemptions, exempt property Certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, in some states the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence homestead exemption , or some or all tools of the trade used by the debtor to make a living in other words, auto tools for an auto mechanic or dental tools for a dentist . The availability and amount of property the debtor may exempt depends on the state the debtor lives in.
Ex parte A proceeding brought before a court by one party only, without notice to or challenge by the other side.
F
Face sheet filing A bankruptcy case filed either without schedules or with incomplete schedules listing few creditors and debts. Face sheet filings are often made for the purpose of delaying an eviction or foreclosure.
I
Impeachment The process of calling a witness's testimony into doubt. For example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,.
In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private.
Inculpatory evidence, jack hyatt, jack i. hyatt, attnrey jack hyatt, jack hyatt esquire,
Evidence indicating that a defendant did commit the crime.
Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies. See also information.
Subpoena A command, issued under a court's authority, to a witness to appear and give testimony.
Subpoena duces tecum A command to a witness to appear and produce documents.
Substance abuse treatment A special condition the court imposes that requires an individual to undergo testing and treatment for abuse of illegal drugs, prescription drugs, or alcohol. Treatment may include inpatient or outpatient counseling and detoxification.
T
Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.
Testimony Evidence presented orally by witnesses during trials or before grand juries, jack hyatt,..
Cross-Examination - Questioning of a witness by an adversary party.
Cumulative Sentences - Consecutive rather than concurrent sentences.
Disposition - The sentencing or other final settlement of a case.
Dissent - To disagree. An appellate court opinion setting forth the minority view and outlining the disagreement of one or more judges with the decision of the majority.
Diversion - The process of removing some minor offenses from the full judicial process, on the condition that the accused undergo some sort of rehabilitation or make restitution for damages, jack hyatt, jack hyatt, jack hyatt attorney, jack i hyatt lawyer, .
DOC - The Department of Corrections - state prison facility.
Decree - An order of the court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit, jack hyatt,.
Default Judgment - This is a judgment entered against a party that fails to appear in court or respond to the civil complaint or petition.
Defendant - In a civil case this is the person being sued. In a criminal case this is the person charged with a crime.
Deferred Sentence - A sentence that is postponed to a future time. The time or times may vary. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete different conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.
Demand for Discovery - Demand by a defense attorney to a prosecutor to furnish material information on a case.
Demanding State - The state seeking return of a fugitive.
Domicile - The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.
Statement of intention A declaration made by a chapter 7 debtor concerning plans for dealing with consumer debts that are secured by property of the estate.
Standard of proof Degree of proof required. In criminal cases, prosecutors must prove a defendant's guilt beyond a reasonable doubt. The majority of civil lawsuits require proof by a preponderance of the evidence 50 percent plus , but in some the standard is higher and requires clear and convincing proof.
crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.
Due Process of Law - The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice of legal proceedings, opportunity to be heard by the judge, assistance of counsel, and the defendants' rights to remain silent, to a speedy and public trial, to an impartial jury and to confront and secure witnesses.
Points or Point Information - Penalty points imposed by the Motor Vehicles Division after conviction of a traffic offense.
Prejudice - Unfair harm to one party.
Sua sponte Latin, meaning of its own will. Often refers to a court taking an action in a case without being asked to do so by either side.
Subordination The act or process by which a person's rights or claims are ranked below those of others.
Complainant - The party who complains or sues , one who applies to the court for legal redress. Also called the plaintiff.
Complaint - The initial paperwork filed in a civil action that states the claim for which relief is sought , in the complaint the plaintiff states the wrongs allegedly committed by the defendant. [Criminal] A sworn written statement showing that the complaining person has reason to believe that the defendant has violated a criminal law.
Competent Witness - Every person is considered competent to be a witness. When a party questions the competency of a witness, the judge must determine the witness's capacity to observe, recall, and communicate what he or she witnessed, and that the witness understands the duty to be truthful, jack i hyatt, jack i. hyatt,
Family farmer An individual, individual and spouse, corporation, or partnership engaged in a farming operation that meets certain debt limits and other statutory criteria for filing a petition under Chapter 12.
Federal public defender An attorney employed by the federal courts on a full-time basis to provide legal defense to defendants who are unable to afford counsel. The judiciary administers the federal defender program pursuant to the Criminal Justice Act, jack hyatt, jack i. hyatt, attorney jack hyatt, jack hyatt esquire,.
Hearsay Evidence presented by a witness who did not see or hear the incident in question but heard about it from someone else. With some exceptions, hearsay generally is not admissible as evidence at trial.
Home confinement A special condition the court imposes that requires an individual to remain at home except for certain approved activities such as work and medical appointments. Home confinement may include the use of electronic monitoring equipment - a transmitter attached to the wrist or the ankle - to help ensure that the person stays at home as required.
Escrow - Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party held in escrow until all conditions of the agreement are met.
Equity - Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Remedies such as restraining orders and injunctions are equitable remedies.
Estate - An estate consists of personal property car, household items, and other tangible items , real property and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the person's death. It does not include life insurance proceeds unless the estate was made the beneficiary or other assets that pass outside the estate like a joint tenancy asset.
Contract - An meeting of the minds between two or more persons that creating the obligation to do or not to do something. A contract must involve something of value promised or given, and a reasonable amount of agreement between the parties as to what the terms of the contract. Both parties must be legally capable of making contracts.
Deficiency Judgment - Judgment for the creditor for an amount equal to the difference between an amount owed by the debtor and the amount collected from sale of the collateral.
De Novo - Anew. A trial de novo is a new trial of a case, such as a district court trial de novo of a magistrate court case, jack hyatt, jack i. hyatt, jack hyatt lawyer, jack hyatt attorney,.
Deposition - An oral statement made before an officer authorized by law to administer oaths. Such statements are taken to examine potential witnesses, to obtain discovery to be used later in trial. Testimony of a witness other than in open court.
Descent and Distribution Statutes - State laws that provide for the distribution of estate property of a person who dies without a will.
Docket - A list of cases to be heard by a court or a log containing brief entries of court proceedings.
Docket Call - The proceeding in which a judge assigns trial dates or takes pleas.
Docket Number - The numerical designation assigned to each case by the court.
Contempt of Court -Behavior interfering with the functioning of a court. Alternatively, contempt could be a willful act of disobedience of a judge's written or verbal order. Contempt may be direct and indirect. When the conduct occurs in the judge's presence, the contempt is direct and may be punished immediately. Any other conduct not witnessed by the judge may be indirect contempt. The court must give the accused party notice and an opportunity to be heard Before punishing indirect contempt.
Continuance - Postponement of a trial or hearing.
Contributory Negligence - A legal doctrine that stopping the plaintiff in a civil case from recovering against the defendant for negligence if the plaintiff was also negligent, jack i hyatt, jack hyatt, jack i hyatt attorney, jack i hyatt lawyer, .
Conciliation - A form of alternative dispute resolution in which the parties to a dispute attempt to bring their dispute to a neutral third party, who helps lower tensions, improve communications, and explore possible solutions. Conciliation is similar to mediation, but it may be less formal.
Concurrent Jurisdiction - Authority vested in more than one court to hear and resolve specific types of disputes.
the administration of the estate.
Workman's Compensation lawyers in MD can take plan in any county
Workman's Compensation cases are also called premises liability cases
Workman's Compensation settlements depend upon the nature and extent of the damages
Felony - A crime that allows a defendant to be imprisoned for more than one year upon being found guilty.
Extradition - Surrender by one state to another of a person accused or convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him or her, demanding his or her surrender.
Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: a guardian, trustee or executor.
File - To place a paper in the official custody of the clerk of court or court administrator to enter into the files or records of a case, jack hyatt, jack i. hyatt, jack hyatt lawyer, jack hyatt attorney,.
Filed in Open Court - Court documents entered into the file in court during legal proceedings, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,.
Consecutive Sentences - Successive prison terms, imposed on a person convicted of two or more crimes.
Workman's Compensation lawyers near me refer to the location of the accident
Workman's Compensation lawyers personal injury are the type of lawyers that handle Workman's Compensation cases
typical Workman's Compensation settlement can vary from case to case
what to do after a Workman's Compensation accident you should get medical treatment and call a lawyer
Workman's Compensation negligence is a division of the field of negligence
Workman's Compensation lawsuit settlements will be dependent upon the nature and extent of the injuries
Workman's Compensation injuries lawsuits can be filed in the district or circuit courts
settled Workman's Compensation cases take place prior to the trial.
Condemnation - Legal process through which the government takes private property for public use, paying the owners a fair price as determined by the court.
Conservator ship - Legal authority given to a person to manage the financial affairs and property of a person ruled incapable of such management, jack i hyatt, jack hyatt, jack i hyatt attorney, jack i hyatt lawyer, .
Consideration - Anything exchanged for something else. Consideration may consist of a promise to perform a certain act or a promise not to do something, such as a promise to deliver goods, or a promise to pay money. Consideration must be something of value to the parties to the contract.
Concurrent Sentences - Sentences of imprisonment for conviction of more than one crime, to be served at the same time, rather than one after the other.
Conditions of Release - Conditions on which an arrested person may be released from confinement pending trial.
Extenuating Circumstances - Circumstances that render a crime less aggravated, heinous, or reprehensible than it would otherwise be.
Extrinsic - Foreign, from outside sources.
Family Allowance - A small amount of money set aside from the estate of the deceased. Its purpose is to provide for the surviving family members during
Consolidation - Joined of two or more separately filed criminal or civil complaints in one case.
Contraband - Articles or substances prohibited by law.
Judgment of guilt against the criminal defendant, jack i hyatt, jack i. hyatt,.
Corroborating Evidence - Supplementary evidence that confirming or strengthening the initial evidence.
Elements of a Crime - Specific requirements that define a crime and which a prosecution must prove beyond a reasonable doubt in order to obtain a criminal conviction.
Implied Warranty of Merchantability - An assumption in law which the goods are sufficient for the ordinary purposes for which such goods to be used. This implied warranty applies to every sale by a merchant who deals in goods of the kind sold. However, if there is a warning that the goods are sold as is, the implied warranty does not apply.
Inadmissible - That which, under the rules of evidence, cannot be admitted or received as evidence, jack i hyatt, jack i. hyatt, jack hyatt attorney,
Enjoining - An order by the court telling a person to cease performing a specific act, jack i hyatt, jack hyatt, jack i hyatt, attorney, jack i hyatt lawyer,
Entrapment - A defense to criminal charges asserting that agents of a government induced a person to commit a crime he or she otherwise would not have committed.
Entry of Judgment or Order - Official recording of a written, dated and signed judgment or order.
Equal Protection of the Law - The requirement in the Fourteenth Amendment to the U.S. Constitution Article III, and Article II, that the law must treat all persons equally. Courts have established that equal protection requires that courts be open to all persons on the same conditions, with the same rules of evidence and modes of procedure, that persons be subject to no restrictions in the acquisition of property, that persons are liable to no other or greater burdens than those are laid upon others, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others, and that no different or greater punishment is enforced against them for a violation of the laws.
Escheat - The process by which a deceased person's property is transferred to the state if no heir can be found.
Estate Tax - A tax on property transferred to others after a person's death. Many states have their own estate taxes In addition to federal estate taxes.
Estoppel - A person's own act precluding him or her from later making claims to the contrary, jack hyatt, jack i. hyatt, attorney jack hyatt, lawyer jack i. hyatt,.
Et Seq. - And the following, used in a series of case numbers.
Evidence - Testimony or exhibits accepted by the court at any stage of court proceedings.
Examination - Questioning of a witness sworn to tell the truth.
Fruit of the Poisonous Tree - Property seized or statements made subsequent to and because of an illegal search or interrogation. Fruit of the poisonous tree is generally not admissible in evidence because it is tainted by the illegal search or interrogation.
General Damages - Compensation for the loss directly and necessarily incurred by a breach of contract, , jack hyatt, jack i. hyatt, attorney jack hyatt, jack hyatt esquire,.
General Jurisdiction - Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Good Faith - Honest intent to act without taking an unfair advantage over another person. This term is applied to many kinds of transactions.
Grantor or Settlor - The person who sets up a trust. Also known as trustor.
Exceptions - Reserving the right to appeal a judge's ruling upon a particular motion. In regulatory cases, objections by either side to points made by the other side or to rulings by an agency or one of its hearing officers.
Exclusionary Rule - The rule preventing illegally obtained evidence from consideration in any trial.
Execute - To sign a will before witnesses, making a will valid. Alternatively, to put into effect the final judgment of the court.
Exempt Property - Property protected by law from the reach of creditors.
Exhibits - Evidence introduced in court and forming part of the case file.
Executor - Personal representative who administers an estate, jack i hyatt, jack i. hyatt,
In Camera - In chambers or in private. A hearing in camera takes place in the judge's office outside of the presence of the jury and the public.
In-Custody Arraignments - Arraignment while the defendant remains in jail because defendant has not been released on bond or by other means.
Indeterminate Sentence - A sentence of imprisonment to a specified minimum and maximum period of time, specifically authorized by statute, subject to termination by a parole board or other authorized agency after the prisoner has served the minimum term.
Incarcerate - To confine in jail.
Indicia - Signs, indications.
Eminent Domain - Power of a government to seize private property for public use through condemnation.
En Banc - All the judges of a court meeting together. Appellate courts may have a dozen or more judges, but often they hear cases in groups of three judges. A case tried by the full court is heard en banc.
Endorsed - Stamped with the the date and time of filing with the court as may be evidenced by seal of the court.
Fraud - Intentional deception to deprive another person of property or to injure that person in some way, jack i hyatt, jack i. hyatt,.
Fruit of the Crime - Property acquired by means and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.
Fugitive - A person who flees from one state to another to avoid prosecution.
Garnishment - A legal proceeding in which a debtor's money, which is in the possession of another called the garnishee , is applied to the debts of the debtor, such as when an employer garnishes a debtor's wages.
Good Time - A reduction in sentenced time in prison as a reward for good behavior. It usually is one-third to one-half off the maximum sentence.
Guardian - A person appointed by will or by law to assume responsibility for incompetent adults or minor children. If one parent dies, the children's guardian will usually be the other parent. If both die, it usually will be a close relative.
Guardianship - Legal right given to a person to be responsible for the food, housing, health care, and other necessities of a person deemed incapable of providing these necessities for himself or herself. A guardian also may be given responsibility for the person's financial affairs, and thus perform additionally as a conservator. See also Conservatorship.
Harmless Error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of the trial and therefore was not sufficiently harmful or prejudicial to require that the judgment be reversed on appeal, jack i hyatt, jack i. hyatt,.
Hearing -A proceeding, generally public, at which an issue of fact or law is discussed and either party has the right to be heard.
Habeas Corpus - A writ used as a means to bring a person before the court to determine whether he or she is being detained unlawfully.
Hearsay - Testimony by a witness involving various events about which the witness has no personal knowledge. Hearsay testimony conveys not what the witness observed personally, but what others told the witness or what the witness heard others say. Hearsay is usually not admissible as evidence in court because of its unreliability.
Immunity - A grant by the court assuring someone that they will not face prosecution in return for their providing criminal evidence.
Impeachment of a Witness - An attack on the credibility believability of a witness, through evidence introduced for that purpose.
Hung jury - Jury unable to reach a verdict. A trial ending in a hung jury results in a retrial with a new jury.
Implied Consent - Knowing indirectly through conduct or inaction that a person would agree or give permission.
The Elements of a Personal Injury Lawsuit The elements of a personal injury lawsuit are duty, breach, causation, and damages. First, are you sure the defendant owed you a duty? Second, are you sure the defendant breached his or her duty to you. Did the defendant really cause your injury? How much was the damage you suffered worth?
Dealing with Insurance Companies a Maryland attorney can help you deal with insurance companies.
Can a lawyer help with a persnal injury settlement? A lawyer can definitely help with a personal injury settlement.
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