Hornsby Watts, PLLCHornsby Watts, PLLC2024-03-18T07:47:43Zhttps://www.hornsbywatts.com/feed/atom/WordPressOn Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479672024-03-18T07:47:43Z2024-03-18T07:47:43ZWhat does “pending sale” mean?
When a property has a “pending sale” status, the seller has accepted a buyer’s offer and signed the contract. The seller can no longer market the property at this point, and no other prospective buyers can offer their bids. A “pending sale” status usually signals the buyer’s due diligence period.
What a buyer needs to do during this period
As a buyer, you have a lot of work to do during this period. This period is designated for you to acquire the necessary documentation and thoroughly inspect the property before finally sealing the deal. It mainly involves the following tasks:
Mortgage application: Formally submit your loan application to secure financing.
Appraisal: Following your mortgage application, an appraiser will examine the property to determine its market value.
Home inspection: Hire a licensed home inspector to assess the home’s condition thoroughly.
Documentation: Seek the assistance of a real estate lawyer to check the property’s public documents and issue a title report.
Homeowners association approval: If your property is part of a homeowners association, you must confirm your future residency with the board and receive the necessary information related to the association.
Final walk-through: Before closing the property transaction, you must conduct a final walk-through to ensure that everything is in place and in good condition.
You are responsible for thoroughly examining the property before the seller transfers it to you. It gives you leeway for possible negotiation when you find issues relating to the property’s condition or legal documents.
A pending sale could still fall through. Utilize this period to ensure everything is in order before you close the deal. Doing so could prevent future troubles such as legal disputes and expensive repairs.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479632024-03-13T15:07:45Z2024-03-13T15:05:10ZIn a premises liability case in Mississippi, the evidence you collect can be the deciding factor in your claim. It's not only about proving that you were injured. It's also about establishing that the property owner's negligence led to your injury.
It's important to your case to know what kind of evidence can support your claim.
Evidence that can trace it back to the property owner's negligence
Gathering the right evidence can help you connect your injury to the negligence of the property owner. Here are some types of evidence that could be crucial:
Photographs and videos: These can capture the scene of the accident, the dangerous condition that caused your injury and any physical injuries you sustained.
Witness testimonies: Eyewitness statements can be valuable evidence.
Medical records: These can confirm the extent and nature of your injuries and verify that the accident caused them.
Incident or accident reports: If you, a bystander, or perhaps a staff member reported the incident to the property owner, manager or the police, these reports become valuable evidence.
Property upkeep records: If these documents show that the property owner knew of the unsafe situation but did not address it, this could be strong evidence of negligence.
Supporting your case with compelling evidence can help establish negligence and affirm your right to compensation. In cases where the property owner neglects to fix a known hazardous condition, you're not just left to deal with the consequences. In fact, you can secure compensable damages for your injuries and other losses. These compensable damages can cover the cost of your medical treatment and compensate for the income you lost while recovering.
Fighting for justice in case they dispute your claim
There may be instances when, despite having solid evidence, property owners or their insurers dispute your claim. They might argue that they weren't negligent or that you partly or fully caused your injuries. In these situations, standing your ground in your pursuit of justice is critical. Consulting with an attorney experienced in premises liability can be beneficial. They can guide you on the best course of action and represent your interests when dealing with disputes or negotiations.Every piece of evidence you collect brings you one step closer to the compensation you need. Stay focused on your goal; remember, you have the right to seek compensation for your injuries.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479552024-03-01T17:27:14Z2024-03-01T17:27:14Zbehaviors affect driving performance, individuals can make more informed decisions behind the wheel, potentially saving lives and reducing the frequency of crashes.
Distractions
Distractions can range from using a smartphone to conversing with passengers. These distractions take the driver's attention from the road, which significantly increases the chance of missing critical matters on the road. Even a few seconds of distracted driving can lead to a catastrophic crash. In only five seconds a vehicle moving at 55 miles per hour will go the full length of a professional football field.
Fatigue
Driving while fatigued is another common cause of crashes because it severely impairs judgment, slows reaction times and can even lead to microsleeps—brief periods of sleep that occur while a person is awake. Fatigue is particularly dangerous because drivers often underestimate its effects on their driving capabilities.
Impairment
Impairment from alcohol, drugs or medications significantly reduces a driver's ability to operate a vehicle safely. It affects coordination, judgment and reaction times, which makes it challenging to respond effectively to road conditions and the actions of other drivers.
Aggression
Aggressive driving behaviors, including speeding, tailgating, erratic lane changes and disregarding traffic signals, put all road users at risk. These actions stem from impatience, frustration or outright disregard for traffic laws and the safety of others. Aggressive driving escalates the potential for crashes by reducing the margin for error and the time available to react to sudden changes in road conditions or other drivers' actions.
Individuals who are struck by a driver who’s doing any of these actions may suffer catastrophic injuries that require costly medical care. They may choose to seek compensation for the financial damages that resulted from the crash. Working with a legal representative who can assist them with the case can empower them to focus on healing from their injuries while their representative keeps their case moving forward.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479532024-02-28T12:37:18Z2024-02-28T12:37:18ZCasinos profit when players make poor choices
There is a popular saying that goes, “The house always wins.” Casinos are masters at designing an environment where they can almost always earn a profit. While they might offer free-flowing alcohol to patrons, it is still a part of their strategy. Apart from the buzz it gives, alcohol can lower your guard, potentially leading to careless gambling and bigger profits for the casino.
The risks of drunkenness in casinos
Security personnel should monitor and intervene in situations that might endanger guests. Often, they will kick out drunk gamblers who make a scene. However, to keep patrons playing, the casino might turn a blind eye to overserving alcohol.
The combination of high stakes and alcohol may lead to dangerous tempers. Gamblers who are not thinking clearly could start fights or pack up and attempt to drive while impaired.
If you are caught in a fight or get hit by a drunk driver in the parking lot, you could sustain serious injuries.
What are your options if injured at a casino?
You may be eligible for compensation if you sustain injuries on casino property. However, you must provide evidence that the casino or another party’s negligence was the cause. Even if another person’s reckless behavior caused your injuries, the casino may be partially responsible for failing to ensure your safety or for continuing to serve alcohol to visibly drunk patrons.
Still, establishing negligence can be an uphill battle. You would need convincing and relevant evidence and a strong argument. Reaching out to an experienced attorney may be best. They can investigate what happened at the casino and help gather evidence to back up your claim.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479512024-02-14T13:05:10Z2024-02-14T13:05:10ZHow title issues can delay closing
A real estate title identifies and verifies who can legally use, possess, transfer and enjoy a piece of property. You need a clear title to guarantee that no one else has a claim over your new investment. The title search can reveal several issues right before you seal the deal.
Issues can range from paperwork errors to more complex legal challenges such as unresolved liens, easements and encroachments. Liens or defects on the title may stall closing until they are addressed, which is why prompt action is crucial. Proceeding with a dirty title, one that has existing concerns, may potentially threaten your claim to the property in the future. It can also be more expensive to deal with.
Where a lawyer can help
There are companies that can perform a title search, but an attorney may provide similar services or help connect you to one who can. Working with a real estate attorney has additional advantages as they may spot potential legal issues that you could otherwise miss.
Should problems arise during the title search, an experienced attorney can guide you on how to resolve them. A clear title means there are no uncertainties hanging over your head.
Title issues do not have to be a dead end. With quick, informed actions and sound advice, you can keep the transaction moving forward.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479452024-02-02T13:23:03Z2024-02-02T13:23:03ZMost drivers understand the importance of gradual, predictable movements on the road. They know that they need to apply brakes cautiously, change lanes gently and make turns at a measured pace. This allows all road users to react safely.
Conversely, when drivers act suddenly and without warning, it can lead to dangerous situations. Brake checking is one such unpredictable action that, if performed, could lead to a serious accident and cause significant injuries.
A form of reckless driving
While Mississippi law doesn’t address brake checking directly, this action could fall under reckless or aggressive driving, both illegal in the state. The state defines reckless driving as operating a vehicle in a way that “shows a willful or wanton disregard for the safety of persons or property.” A sudden stop forces the following driver to react swiftly, which can escalate quickly into a dangerous situation.For example, if a driver brake checks another vehicle during peak traffic, the other driver might need to swerve abruptly to avoid a collision. This sudden maneuver could endanger other road users and contribute to a chaotic traffic situation. Such a reckless act could be seen as a willful disregard for safety, potentially leading to severe penalties for the brake-checking driver.
Victim’s rights in the situation
It’s important to note that the consequences of an illegal act such as brake checking can extend beyond traffic violations. If a brake check results in an accident, the law might hold that at-fault driver liable for any damages that result. This gives the injured party a way to seek recompense for various losses, such as medical treatments for their injuries, property damage to their vehicle and other related costs. If anyone finds themselves the victim of such an incident, they should consult a legal professional.Many people face challenging times after an accident. But, with professional support and guidance, navigating these challenges can become manageable.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479412024-01-18T21:16:57Z2024-01-18T21:16:57ZBar owners have a responsibility to ensure your safety
Under the theory of premises liability, property owners such as bar owners owe the highest duty of care to their visitors. They must prevent foreseeable harm to their patrons by maintaining a safe environment and promptly addressing potential dangers. If hazards cannot be immediately resolved, bar owners must warn customers.
A pub that has a reputation for fights or questionable clientele has several options to enhance safety: hiring bouncers, requesting police assistance or training staff in de-escalation techniques. A bar may be liable for injuries if it fails to provide a safe environment.
In addition, dram shop laws in Mississippi do not protect vendors who serve liquor to visibly intoxicated patrons from liability. If the bar served alcohol to someone who was clearly drunk and that person started the fight that led to your injuries, you may have grounds to sue the establishment for damages.
If you were involved in the conflict in any way, however, you may not get as much compensation as you were hoping for.
What is comparative fault?
Mississippi follows the legal theory of comparative fault. If you are partially responsible for your injuries, your compensation will decrease in proportion to your fault. For instance, if the court deems you 10% at fault, it will reduce your compensation by 10%.
In addition to bodily harm, bar fights may lead to complicated legal issues. Consider speaking with a lawyer if you sustain injuries during a bar fight to see whether you have a case. You may be able to collect compensation for your losses.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479392024-01-09T12:59:08Z2024-01-09T12:59:08ZFirst offense vs. repeat offenses
A first-time DUI in Mississippi is a misdemeanor, with penalties that may include up to 48 hours in jail, fines ranging from $250 to $1,000, and a 90-day driver's license suspension.
The law takes a harsher stance on a second DUI offense within five years. It's still classified as a misdemeanor, but the penalties jump to five days to one year in jail, $600 to $1,500 in fines, and a two-year driver's license suspension.
A third DUI offense within five years is a felony in Mississippi. The consequences include one to five years in a state penitentiary, fines between $2,000 and $5,000, and a three-year driver's license suspension.
For a fourth and subsequent DUI, the felony offense leads to up to $10,000 in fines and 10 years in prison on conviction. In addition, the convicted driver’s license is suspended for the full period of their sentence.
Ignition interlock device requirements
In addition to the fines and imprisonment, a court may also order rivers convicted of DUI to install an ignition interlock device (IID) on a vehicle they own. The device prevents the vehicle from starting if it detects alcohol in the driver's breath.
On a second DUI offense, the IID installation is a possible requirement upon reinstatement of the driver’s license. For a third DUI offense, it’s a mandatory requirement upon reinstatement of driving privileges for at least three years.
However, on a fourth or subsequent offense, the person must maintain an IID in their vehicle for 10 years before their license is fully reinstated.
The message from Mississippi's DUI laws is clear: the more DUI offenses you commit, the higher the stakes become. With escalating penalties, including the potential for felony charges, it is crucial for those facing repeat DUI charges to seek legal guidance.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479372024-01-02T14:10:09Z2024-01-02T14:10:09ZWhen a business serves a minor
Missouri has a dram shop liability law. Essentially, this law creates an option to file a lawsuit if a business breaks alcohol service laws and a crash occurs. Dram shop laws specifically empower plaintiffs to bring a lawsuit if a bar or restaurant served a minor who then drove while drunk and hurt someone else.
When a business over-serves someone
Young adults aren't the only ones who don't know when to stop drinking. Sometimes, those who have had their licenses for years drink too much alcohol and endanger others. Particularly when someone has a substance abuse disorder, they may have a hard time stopping themselves once they start drinking. Businesses have a legal obligation to cease providing additional beverages to someone already showing clear signs of intoxication. When a drunk driver was recently at a bar or restaurant and has a particularly high BAC, dram shop laws may create liability for the business that over-served the driver.
When a drunk driver was on the clock
The last scenario in which a business could be liable for drunk driving crash is when the impaired motorist is an employee on the job. Many companies require that employees occasionally drive or have workers whose primary job responsibility relates to transportation. Typically, employers are liable when their workers cause harm to others through negligence. Therefore, if someone was on the clock when they caused a drunk driving crash, then the people affected by that wreck could potentially take legal action against their employer.
Ultimately, taking legal action against a business may lead to more comprehensive compensation than taking legal action against an individual driver after a drunk driving crash.]]>On Behalf of Hornsby Watts, PLLChttps://www.hornsbywatts.com/?p=479352023-12-27T11:06:57Z2023-12-27T11:06:57ZPrescriptions with impairing side effects
There are several legal medications that, as a side effect, can impair a person's ability to think, move and react. The following prescription drugs can cause impairment:
Antidepressants: Certain antidepressants, such as Prozac and Zoloft, can cause drowsiness, dizziness, and impaired judgment.
Antihistamines: Some antihistamines, such as diphenhydramine, can also cause sleepiness and lightheadedness. They can also impair decision-making.
Benzodiazepines: These drugs, such as Xanax and Valium, can cause the same side effects of drowsiness, dizziness, and impaired judgment.
Muscle relaxants: The same side effects also manifest when a person takes these drugs, such as carisoprodol and cyclobenzaprine.
Opioids: Painkillers like oxycodone and hydrocodone not only cause drowsiness but can also slow a person’s reaction times and cause confusion.
Whether it’s due to impairing prescription drugs or alcohol, a person faces the same DUI charges and penalties.
For a first-offense DUI conviction, a person faces up to 48 hours of confinement in jail and $1,000 in fines. If the offender was found to have consumed alcohol together with their impairing medication, a court may order them to attend an alcohol safety education program. The court may also require the driver to install an ignition interlock device on their vehicle.
Yes, prescription drugs can lead to DUIs, especially if they negatively impact your ability to control your vehicle. In the event you face charges for taking medication, consider having a legal professional by your side. An attorney can protect your rights in court and help build your defense.]]>