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Questions Answered by Jonathan Craig Reed
1 Answer | Asked in Car Accidents for Ohio on
Q: Father was killed in a motorcycle accident,charge filed on driver-vehicular homocide. do we have wrongful death suit?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

I think so. You will need to check with a local lawyer.

2 Answers | Asked in Car Accidents for Louisiana on
Q: I was in a car accident and i had lower back injury. the driver of the other vehicle was in a company vehicle. how much

Can i sue for

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

Much more info is needed to provide an intelligent answer. I discuss how cases are evaluated on my website, www.accidentawardslasvegas.com at http://www.accidentawardslasvegas.com/Pages/value.aspx

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1 Answer | Asked in Car Accidents for Connecticut on
Q: If I am unhappy with an attorny I signed a contingency agreement with a recent auto accident,can I get out/ another atty
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

It is always your right to fire your attorney and hire another one. The problems is that the fired lawyer may put lien on your case and in the worst case scenario you owe two attorney fees.

To avoid this problem you should get the second lawyer to promise to take care of the first...
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2 Answers | Asked in Car Accidents for Arizona on
Q: When is it best to start court proceedings, when the victim has healed from a car accident or during the healing process
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

The guidelines I use in representing clients are:

1) If there is a decent chance the case will settle, I don't file suit until the client is either all better or the healing process has gone as far as it is going to go unless:

2) If we are within several month of the statute of...
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1 Answer | Asked in Car Accidents for Nevada on
Q: He rear ended a woman and she is during me

He signed a independent contractor contract, is responsible for all of his costs and receives a 1099 now I am being sued

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

As I said in my previous answer the test of whether someone who does work for you is an independent contractor is how much control you have over them.

4 Answers | Asked in Car Accidents for Nevada on
Q: Am I responsible for an accident that one of my independent contractors caused?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

If the person is truly an independent contractor probably not. However, paying a person as an independent contractor or having them sign a contract to that effect does not necessarily make them an independent contractor. If you have a enough control over many of their activities, a court my say... View More

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2 Answers | Asked in Products Liability for Nevada on
Q: Is a product liability settlement taxable in Nevada?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

The general rule is that the portion of the settlement to compensate for lost wages is taxable; the portion of the settlement to compensate for pain and suffering is not taxable.

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1 Answer | Asked in Car Accidents for Nevada on
Q: As executor of my fathers estate am I, or his estate, responsible for damages he caused in a car accident when living?

The accident occurred on November 1, 2012. My father died on March 22, 2013. I received a letter dated April 29, 2013 from the insurance company stating that the victim is demanding $160,000, far exceeding my father's coverage. Should I, as executor, be concerned about this? Am I, or his... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

See the Creditor page of my website, www.probatenevada.net

Generally, the estate executor can be liable for disbursing estate proceeds in derogation of the rights of a creditor. However, there are mechanisms, discussed at the above section of my website, to allow a quick resolution of...
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1 Answer | Asked in Estate Planning for Nevada on
Q: How can I view my fathe's will/trust?He named his caretaker as his conservator and they will not provide me with info.
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

If your father is still alive I don't believe you have the right to know his estate plans.

1 Answer | Asked in Estate Planning for Nevada on
Q: Can the trustee of a family trust be compensated for their services as the trustee?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

Yes, a trustee has a right to compensation. Sometimes a trustee, if a close relative, waives the fee, but that is the trustee's choice.

1 Answer | Asked in Estate Planning for Nevada on
Q: Can a first cousin next of kin, if there is a will, question it, etc in nevada
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

Anyone can challenge a will. The people who have to be given notice of the court proceeding concerning a will are people listed as beneficiaries in the will and those people who would inherit in the absence of a will. In most cases a first cousin is not a person who would inherit in the absence of... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: Can one find the details of a living trust upon the death of the author?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Aug 28, 2013

If one is a beneficiary of the trust, one must be given a copy upon the death of the author. If one is not a beneficiary, that person usually doesn't have a right to see the trust. Trusts are designed to afford more privacy than will; of course, they have other advantages as well.

1 Answer | Asked in Estate Planning for Nevada on
Q: Can someone outside the state of Nevada be the exeutor of my will? I am a Nevada Resident and own property in NEvada an
Jonathan Craig Reed
Jonathan Craig Reed
answered on Feb 16, 2013

There is no requirement that an Executor named in a Nevada will be a Nevada resident. However, if someone not named in the will to be executor serves as a personal representative that person is called an administrator and if that person is not a Nevada resident, that person must work with a Nevada... View More

1 Answer | Asked in Estate Planning for Nevada on
Q: In Nevada, does a surviving sibling POA/Trustee assume the debt of the desceased sibling?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Feb 16, 2013

As a general rule a sibling is not responsible for the debt of a deceased sibling. But, at least two exceptions comes to mind:

1) If you co-sign for a loan or other obligation, you can be liable for the debt of your deceased sibling.

2) If you are the trustee of a deceased...
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2 Answers | Asked in Personal Injury for Pennsylvania on
Q: If am requesting monetary Damages for future lost wages & Emotional Distress, are those Compensatory Damages?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Sep 29, 2013

Yes, compensatory damages are damages designed to compensate for an injury or loss. They are often contrasted with punitive damages which are designed to be extra payment from the defendant to punish he defendant for bad versus negligent behavior such as driving drunk versus just negligently... View More

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2 Answers | Asked in Tax Law for Nevada on
Q: Do I have to pay a fee/tax on a withdrawel from my IRA? I'll be "60" in a few months.
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

In a traditional IRA tax is not paid on money put, but must be paid on money taken out. In additions, under some circumstance there is a penalty to be paid when money is taken out.

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1 Answer | Asked in Landlord - Tenant for Nevada on
Q: Can I use "certified mail" instead of "certificate of mailing" for an eviction prosess in Las Vegas, NV???

The post office lady said that the best way to send anything legal is "certified mail with return recipt", so I did.

But now, checking againg the 5-day notice I send, it says that it needed to be a certificate of mailing... So tha will make it invalid, does it work for anything?... View More

Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

A Certificate of Mailing is a written filing to the court by a lawyer or litigant stating that such and such was mailed to a person. In many cases a court will not give you what you ask for unless you file the Certificate of Mailing which is simply your written statement that on such and such a... View More

1 Answer | Asked in Real Estate Law for Nevada on
Q: What happens when one one of people on a real estate loan dies?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

Typically the lender requires all people on loan to be jointly and severally liable which means that the survivor(s) is responsible for the whole loan altho both the survivor(s) and the lender may have a claim against the estate of the dead borrower.

1 Answer | Asked in Uncategorized for Nevada on
Q: Is it illegal to have the same business name as someone else?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

It is probably not illegal in the sense of being a criminal violation. Business names can be valuable intellectual property. Trademark or intellectual property lawyers handle civil lawsuits involving the use and "theft" of business names.

1 Answer | Asked in Personal Injury for New York on
Q: Eye injury sustained using matches that fragment causing particle from match to burn & scratch eye.Can we pursue?Worth?
Jonathan Craig Reed
Jonathan Craig Reed
answered on Jul 13, 2012

If there is permanent eye damage it would be worth having a lawyer get an expert to examine the matches. For example, I had a client come to me and say that she broke her leg and needed surgery because a step ladder she used collapsed; did she have a case? I said I'd have to look her step... View More

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