Ryan P. Sullivan's answer The answer to this question is fact dependent. However, in many situations the neighbor would be responsible for the cost of having to remove the tree, and also the cost of repairing any damages the falling tree caused.
Ryan P. Sullivan's answer An employers liability will depend primarily on whether they were aware of the employee's misconduct, whether they failed to take appropriate action necessary to remedy the situation. Under some circumstances, an employer would be liable for damages caused by the conduct of an employee that constitutes sexual harassment of another employee, or subjects that employee to a hostile work environment.
Ryan P. Sullivan's answer The short answer: restitution, civil damages, and possibly benefits through the Nebraska's Crime Victim's Reparation Program. The particular benefits applicable to your case will depend on the facts involved in the assault and the injuries sustained.
Ryan P. Sullivan's answer In most cases, the claim by the other party is against you, not the insurance company directly. However, by agreement, your insurance company has likely agreed to cover the loss, and, if suit is filed, they will defend the case on your behalf if suit is filed. If suit is filed, it will likely be filed against you personally if you were the party at fault or the owner of the vehicle.
Ryan P. Sullivan's answer If your insurance company does not settle the claim, and a suit is filed, the suit will be filed against you personally. However, the insurance company is likely required under your agreement to defend the lawsuit. Nonetheless, you will be listed as the defendant.
Ryan P. Sullivan's answer Unfortunately, in cases like these, insurance companies often take advantage of unrepresented claimants. I would contact a local attorney and give them the basic details. They will be able to tell you whether representation is necessary.
Ryan P. Sullivan's answer If you did not find cash in the car, then they will have to bring suit against you to recover the cash they claim, and prove that they left it in the car. If you did find cash in the car, then you may be obligated to return it - it will depend on whether there was an implied agreement as to whether the contents of the car would transfer along with title to the car.
Ryan P. Sullivan's answer If the judgment debtor has not submitted payment voluntarily, the next step will be to start garnishment proceedings. If you are unaware of where the debtor works, you might consider requesting a debtor's hearing to uncover the debtors occupation, assets, etc.
Ryan P. Sullivan's answer I suggest having your attorney contact the creditor's attorney assigned to the case. Your attorney can often negotiate a reduced pay-off amount in an effort to settle the case prior to the first hearing. Please feel free to contact me directly with questions, I may be able to help.
Ryan P. Sullivan's answer I suggest filing a claim in county court and get a judgment for the amount due. I often work with small businesses in handling small claims such as these. Please feel free to contact me and I can explain the initial steps to take.
Ryan P. Sullivan's answer Yes. It depends on the type of tort. For example, intentional tort claims have a 1 year limitation period, where claims arising out of negligence must be filed within 4 years of the date of discovery.
Ryan P. Sullivan's answer The restoration company may file a lien on your property or may take you to court to recovery the balance due. You will have the opportunity to present evidence showing that the amount paid was satisfactory for the amount and quality of the work performed. In sum, they may sue you for the difference, but you may not have to pay it if you can show the court that you have paid them in full for the work actually performed. Further, you may be able to assert a counter-claim for breach of...
Ryan P. Sullivan's answer Typically, the motion means that the other party is requesting permission form the court to file some sort of additional pleading and to begin the discovery process, which includes requests for production, interrogatories, and depositions.
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