Ask and LegalShield Answers: Our 5 Most Searched Legal Questions
With the end of summer quickly approaching students and their parents are getting ready for the start of another school year. This year you and your family will have yet another learning tool that may help you make more informed legal decisions. Ask by LegalShield offers answers to many common legal questions. Ask first launched in September 2015 as an app for mobile devices. You can download the app at iTunes and Google Play. Now, you can also access Ask by LegalShield directly from your computer. While Ask by LegalShield is not a substitute for the advice of your LegalShield provider law firm, it may help you understand what types of questions to ask your attorney. Here are 5 of the most frequently searched questions from Ask by LegalShield.
- Are traffic violations civil or criminal matters? Traffic violations are considered criminal matters, and are handled as criminal law cases. As a result, the penalty imposed is an obligation that the offender has towards the state for violation of law. The state could be a local township, municipality, city, county, state, or even the federal government. However, unless you've committed a major violation or the violation is otherwise dangerous or life-threatening to other motorists, the officer will simply issue you a traffic ticket.
- Do debt collectors have only a certain amount of time to sue for payments? The first thing to do is determine if the statute of limitations for collecting a debt in your state has passed. If the debt is older than the statute of limitations, the collector would be wasting its time trying to collect the debt, as the original creditor or the assigned collection agency cannot go to court to get a judgment.
- How does creating a living will empower me? A living will serves to make your wishes and instructions known regarding your medical treatment, if you become incapable of making treatment decisions. Treatment providers should follow your specific instructions. The instructions you write in this document would be evidence of your expressed wishes in the event that your wishes are challenged in court.
- How can the landlord/tenant relationship end? Most leases provide that either the landlord or tenant can end the landlord/tenant relationship by giving the other party written notice that the lease will not be renewed. The lease normally sets forth how many days’ notice must be given before the lease ends in order to be effective. The relationship can end before the end of the lease term if both parties to the lease agree to terminate the relationship, if outside events such as a fire destroy the leased premises, or if one or both of the parties breaches the terms and conditions of the lease. The rights and remedies of either party in these situations is dependent on the nature and cause of the termination and the provisions of the lease. If you do not have a lease or if your lease has expired, other notice provisions may apply.
- How do I know if I have a personal injury case? Determining whether you have a personal injury case depends on several factors, including:
- how the injury occurred,
- who is at fault, and
- how significant the injuries are.
Personal injury cases are complex and should be reviewed carefully. If you have been injured, you may wish to contact an attorney to discuss options as soon as possible.