Tessmer Law Firm, Author at Tessmer Law Firm - Page 15 of 23
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Author: Tessmer Law Firm

I was in a fender bender.  Now what?  A minor auto collision with no injuries involved is usually not difficult to resolve.  However, the more knowledge you have, the better off you will be!  So here are some tips on what to expect if this happens to you.   In a minor collision with no injuries, the police may not make a report.  The police may not even respond at all, especially if the wreck occurred in a parking lot or on private property.  It is vital that you get the name, contact info and insurance info for the other driver.  Take...

  Over 95% of all divorce cases settle before trial, so consider mediation instead of taking an adversarial position.  If mediation is not for you, there are other options - such as collaborative divorce or arbitration.   Before you file, think about you what you want the ultimate outcome to be.  The best decisions on whether to file, how to choose an attorney, etc. can be made only after you know where you want to be when it is over.  Set your intentions by writing a mission statement.  Outline your priorities for when your divorce is over.  For example, if your #1 priority is...

Driving restrictions are lifted at age 18. You can now drive in the middle of the night and carry passengers. Be safe – Don't text and drive!! Under Federal HIPAA law, your parents can no longer discusses your health and medical care with your doctor or with campus health services, unless you give consent. When you turn 18, the Family Educational Rights and Privacy Act prevents your parents from discussing your grades with your school, even if they pay your tuition. After your 18th birthday, privacy laws prevent your bank and credit card companies from discussing your accounts with your parents. No discussion about...

Turning 18 is a major milestone and with it comes new rights and responsibilities. #1 is your right to vote. Register and vote! As an 18-year old, you can now enter into binding contracts, buy and sell real estate, inherit property and buy a car. On the flip side, you can also be sued. You can now buy lottery tickets and tobacco products.  Don't buy tobacco - it’s bad for your health - and if you are buying a lottery ticket, make sure it's a winner so you can pay for your college education! What once was considered “kids being kids” can now...

Tessmer Mail Bag   Q #10: Can the cops give me a mandatory blood test?   A:  If a police officer stops you for suspected DWI, you will be asked to provide a breath or blood sample to measure your blood alcohol level.  Of course, the officer would prefer that you cooperate.  If you are involved in an accident and someone has suffered serious bodily injury or died, you may be forced to give a blood sample.  Absent that, if you physically refuse to oblige, a search warrant must be obtained through a judge.  It will be later told in court that you refused...

Tessmer Mail Bag   Q #9: My mother has Alzheimer’s.  How do I go about getting power of attorney for her?   A:  It may not be possible to get a valid power of attorney if your mother is already suffering from symptoms of Alzheimer’s.  If she still has moments where she has the mental capacity to know the legal consequences of granting you power of attorney, then you may be able to have a lawyer prepare the document for your mother to sign in the presence of a notary during a time when she is lucid.  It would be good to also have...

Tessmer Mail Bag   Q 8#: My sister is getting married and wants to give CDs burned with some of the happy couple’s favorite songs as a gift.  Isn’t that illegal?   A:  Probably, and your sister could be liable for civil damages.  If the songs on the CD are copyrighted material, the act of reproducing the music for distribution is a copyright infringement.  To be on the safe side, try to talk her into something else; besides, nobody wants to listen to their sappy love soundtrack anyway!...

Tessmer Mail Bag   Q #7: I asked my landlord to fix my leaking roof over three months ago but he has not done a thing.  What can I do?   A:  First off, DO NOT STOP PAYING RENT.  Under the law, even if you have a claim against your landlord, you must pay rent or face eviction.  Your landlord has the obligation to repair any condition to the property that affects the health and safety of the tenant.  A leaking roof fits this standard.  To follow the law – and to document it for yourself - give your landlord written notice of the...

Tessmer Mail Bag   Q #6: I valet parked my car and it now reeks of cigarette smoke.  Does the restaurant have to pay to clean my car?   A:  If the valet was a restaurant employee, the restaurant may bear responsibility for the scent left behind in your car.  However, it is likely that the valet was an employee of another company, contracted by the restaurant to handle its parking needs.  Once you have determined whether it is the restaurant or the valet company responsible for the smoke bomb in your car, call or write them a letter asking them to cover the...

Tessmer Mail Bag   Q #5: If someone else uses my Facebook photos, can I sue?   A:  Yes, IF you created the photos and you have obtained a copyright on them.  The copyright can be filed immediately prior to filing suit, but to recovery attorney’s fees and damages, the copyright needs to have been filed either within three months of the date of publication of the photos or before the act or infringement occurred, whichever is later....