An Unusual Personal Injury Case

bikeIt was recently reported by the media outlets that a 52-year-old Manhattan woman had filed a lawsuit seeking $127,000 in damages from her nephew because she broke her wrist in a fall. She said that she and her nephew fell after he leaped to greet her during his 8th birthday party. She said as he leaped in the air to greet her, she had to catch him and at that time, they tumbled to the ground.

The minor was named as the only defendant in the case. She said he should have known better than leap at her in such a way and should be held accountable for his actions. She admits she didn’t complain about her wrist for the first couple of years after the incident, but after she didn’t see an improvement in symptoms, she believed the minor should be held responsible.

Can a Minor be Held Accountable?

In this case, the minor was listed as the only defendant in the lawsuit. While a minor can be held accountable for injuries and damages, it is usually the parents who are held responsible for the financial judgments against their child. In this case, the child’s mother had died before the court hearing. So the responsibility of the debt would have most likely fallen back on the father according to a Baltimore accident attorney.

The Ruling

When this case went before the jury, the ruling was in favor of the defendant. In this case, there were no indications that the boy knew his aunt would fall or be injured. He was simply excited to see her at his birthday party and ran to greet her. According to court documents, the boy jumped off his bicycle he had received for his birthday and ran to greet his aunt, screaming “I love you.”

The criminal defense attorney Seattle, argued he was a normal 8-year-old caught up in the moment and had no intent of causing his aunt to break her wrist during a fall. In this case, the jury agreed with the defendant’s argument. The plaintiff alleges that the broken wrist has had a negative effect on her social life and also makes it more challenging to climb up to her third floor apartment.

The jury agreed with the defendant’s attorney by feeling as though the child was not negligent. Instead, he was just an excited child who wanted to hug his aunt. The plaintiff made no comment after the ruling, but it was later said that the laws in the defendant’s state of Connecticut made the lawsuit necessary as homeowner’s policies won’t pay up until a lawsuit is filed.

What are the Different Kinds of Trusts?

Have you ever taken the time to think about how you want your money and property divided in the event of your death? Regardless of your age it is something you need to give some serious thought. By taking the time to sit down with an attorney, you can create the plan that best suits your needs and the needs of your family. With the proper planning and by setting up trusts, your lawyer will show you how your family can get the most out of your estate. After all, you don’t want it to go to the court for them having to divide it for you do you?

Revocable or Irrevocable Trust

Two of the most popular kinds of trusts are the revocable trust and the irrevocable trust. So what are the differences?

• Sometimes called a family trust, the revocable trust can be effective in getting your estate to avoid probate and reducing the tax liability of your estate at your death. The revocable trust has more advantages than a traditional last will and testament as it allows you to manage your own assets while you are living and then its ensures distribution as you desire after you die. You can name yourself as trustee of your trust or you may name another individual or an agency as trustee. You can make changes at any time, providing you are not deemed incapacitated.

• If you feel comfortable putting authority in the hands of the person who will benefit from your estate when you die, an irrevocable trust may be the right solution. The beneficiary must approve of any changes to the trust because after you move assets into the trust, they have been transferred to the beneficiary and you have given up rights. This keeps the assets in the trust out of your taxable estate at your death.

There are other kinds of trusts as well, but these two are the most popular. To learn more about estate planning and to decide which trust is best for your needs, consult with an estate planning attorney. If you don’t properly plan, your loved ones may have to pay out more in taxes and the probate court may take a significant amount of your assets for settling the estate for you. It is much less time consuming and less expensive to handle the planning yourself. It also relieves your loved ones from much worry and stress. For other types of criminal cases make sure to find the best sexual assault attorney for your money