Why
do I care what law applies?
Because there are
many important differences between the maritime law and the law of the various
states. These include the effect of any fault you have for the accident, how
much time you have to file a lawsuit, and where you can file the suit, As one
example, the law of many states (Ohio is one) forbid recovery of anything if you
are more than 50% at fault. The maritime law allows a proportionate recovery
even if you are 99% at fault.
General maritime law usually applies. This law is the same throughout the
country.
The passenger ticket
issued by the cruise line is a contract between the passenger and the cruise
line. The ticket contains important information regarding the passenger’s
rights and should always be reviewed when the passenger has a complaint. The
ticket may limit some of the passenger’s rights against the cruise line.
Many passenger
tickets specify the place where the lawsuit must be filed. Often, the tickets
require the passenger to file suit, if at all, in Miami or Dade County, Florida,
or in California. These venue clauses have been upheld by the courts.
In recent years, Ray,
Robinson, Carle & Davies has handled an increasing number of what is
commonly referred to as uninsured motorist (UM) or underinsured motorist (UDM)
claims. Several years ago, the Ohio Legislature passed legislation requiring
automobile insurance agents to offer and explain UM/UDM coverage to their
clients and obtain a signed waiver of coverage if the client chose not to take
the coverage. As a result, people who previously did not know about or
understand that liability insurance coverage for collisions with UM/UDM was
available under their own policies began to understand and purchase UM/UDM
coverage. If you are in an automobile accident and the other driver is
underinsured or uninsured, check with your insurance agent to determine if your
policy covers UM/UDM collisions. Even if your policy does not contain UM/UDM
coverage, there are often other policies, such as an employer’s policy, that
might contain UM/UDM coverage for you. We would be happy to meet with you to
consider the particulars of your situation and explain your remedies in greater
detail. Whether or not you have been in an accident, we suggest that if your
automobile insurance policy does not currently include UM/UDM coverage, you
should meet with your insurance agent to discuss UM/UDM coverage and consider
purchasing that coverage as part of your liability policy.
No. Our lawyers
handle matters related to personal injury and property damage for plaintiffs,
corporation and small business organization and maintenance, probate and estate
matters, commercial litigation for creditors, employment discrimination and
labor law matters and general litigation in both state and federal courts. We
have attorneys that are also licensed in Texas, District of Columbia,
California, and Michigan.
Not necessarily and
not for the sole reason of avoiding personal liability. Many factors such as the
type and size of the business, the age of the business, its income, tax aspects,
and ownership must be considered when making such an important decision.
Everyone should have
a will. Whether other documents are necessary depends on your personal
situation. Decisions in this area could save or cost you and your estate
substantial sums to say nothing of causing or avoiding problems for your family
and heirs.
You can always be sued, the real question is, can you be held
liable. The best protection in many cases is a proper package of liability
insurance.
Those that may be
needed very shortly after death such as a will, armed forces discharge
certificate, or funeral instructions. Wherever kept, others such as your family,
executor, or attorney should be aware of where your valuable papers are kept.
Having a will that can't be found is like having no will at all.
Yes. We can prepare a contract
for sale and all required disclosure forms. We can also prepare the deed when
the sale is closed.
How can I
minimize estate taxes upon my death?
Depending on your assets and life situation, there are a number of things you
can do to minimize death taxes. Many estates are small enough so as not to be
impacted by estate taxes. For larger estates the creation of Living Trusts,
charitable bequests and other actions taken during your lifetime can reduce or
eliminate estate taxes.
