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Christopher Jason Woodyard's Answers
- 4 Legal Answers
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2
Attorney answers:
9.What are the requirements to prove negligence?
The law school answer to proving negligence is that a plaintiff has the burden to prove that the defendant(s) had a (1) a duty to refrain some form of conduct or a duty to engage in some conduct (2) the defendant breached that duty (3) the breach actually and proximately caused some harm (4) the plaintiff, as a result of the negligence, sustained damages. Now that answer includes a bunch of legal terms of art that we could discuss in greater detail, but it is important to note that special...
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3
Attorney answers:
What happens if the guy who hit me doesn't have car insurance?
The at-fault driver's lack of insurance can be very problematic. For starters, you need to check your own insurance policy to make sure you have what is called uninsured/underinsured (UI/UIM) insurance coverage. This type of coverage helps protect you in the event that someone causes you harm that is not insured or not adequately insured. Once you have determined that you do have UI/UIM coverage, you need to contact your insurance company and let them know that you need to make a claim....
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Attorney answers:
Employee car accident
The short answer is "yes". And if the injured trucker asserts a claim, it is highly likely that the claim will be against your employee and your business. For starters, the trucker may seek to hold your business liable via vicariously liability because the employee was acting within the course and scope of his employment when he was making a deposit. This theory would be rooted in agency law, as in, the negligent employee was acting as the company's agent when he was driving back from...
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Attorney answers:
What do i need to do when my wife wants a divorce and we live together right now. we also have a 3 yr old child.
I am sorry you are facing this hardship. If you and your spouse have not tried professional counseling and you wish to maintain the relationship, I suggest you start there. I would not leave the house unless you feel you are unsafe there. But in reality, many marriages end in divorce. In North Carolina (assuming neither you nor your spouse are incurably insane) a party to a marriage may file for a divorce if (1) the couple has been living separate and apart for more than one year, and (2)...
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