Who Is A Reasonable Person? The Reasonable Person Standard In Alabama

reasonable person lawyer birmingham When you are involved in an accident, you may sustain physical injuries, you may sustain mental injuries, and you may even be out of work until you are able to recuperate fully. When this occurs, you want to be compensated by those responsible for your injuries. You have two options: You can file a claim with insurance companies, or you can file suit. When you file suit, your fault in the accident and whether you acted as a reasonable person will determine whether you will be compensated for your injuries.

So, what is the reasonable person standard? If you or a loved one is seeking information about this, it is in your best interest to contact an experienced Birmingham personal injury attorney to help find the best possible outcomes for your situation.

Reasonable Person in Alabama

When you have been injured in an accident and are filing suit with a claim based on negligence, the reasonable person standard will apply. To be negligent is to act or fail to act in such a way that causes injury to another person. When negligence occurs, Alabama law seeks to determine whether the actors in a negligence claim were reasonable. Reasonability focuses on how a typical person in your exact circumstance would have acted. For instance, a reasonable person would not yell “fire” in a crowded theater if there was no fire, nor would a reasonable person run a red light.

Generally, when the reasonable person comes into question, a jury will determine whether you or another person acted reasonably. It is important to note that there are nuances in place in regards to a reasonable person standard. For instance, a reasonable adult will not be held to the same standard as a reasonable minor or professional person such as a doctor. Because of this, it is invaluable to seek legal advice and representation if you find yourself in this situation.

Need Legal Advice?

The reasonable person standard and how it applies to your situation can be the determining factor inwhether you are compensated for your injuries. Because a personal injury attorney understands this, it is invaluable to seek legal advice and representation if you have been involved in an accident and have sustained injuries.

If you or a loved one has been injured in an accident, it is in your best interest to contact an experienced personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case.

Major Changes in Landlord-Tenant Law

photo of a rental agreement to illustrate major changes to alabama's landlord-tenant lawsTo all the landlords out there, we wanted to let you know of  very recent changes to the Landlord Tenant Act that is of major importance.  Effective June 1, 2018, the following changes became effective:

Act 2018-473, HB421, amends Section 35-9A-421, Code of Alabama 1975, relating to noncompliance with a rental agreement, to: (1) to expand the acts or omissions that constitute a noncurable default of the rental agreement; (2) clarify that the seven-day notice period for a notice to a tenant of noncompliance with a lease is seven business days; (3) specify that no breach of a lease may be cured by a tenant more than two times in a 12-month period except by written consent of the landlord.

Of particular note is the change in the time that is available for a renter to cure a curable breach such as rent.  The law use to provide for seven days, but now provides for SEVEN BUSINESS DAYS.  Also, the tenant now only gets two chances to cure the same breach in a 12-month period.  So, if a tenant is habitually late, you only have to let them cure twice after proper notice. After that, you do not have to allow them to cure.

Should you have any questions about the changes or if you need assistance with any of your landlord tenant needs, do not hesitate to contact Massey, Stotser & Nichols, PC.

Juveniles and Drug Crimes

teenager drug charge lawyer birmingham Watching your children grow into young men and women can be an overwhelming yet wonderful experience. During this time, you try to steer them in the right direction and help them make the best decisions possible. At some point, though, they will make mistakes because they are human.

Unfortunately, some mistakes are bigger than others and can result in your child becoming a part of the criminal justice system. This often results from juvenile drug charges, which can be life altering for your child and lead to serious consequences. Because of this, if you or a loved one is seeking information about drug charges for a minor, it is in your best interest to contact an experienced Birmingham juvenile criminal law attorney.

Juvenile and Drug Crimes

In Alabama, there are several types of drug-related criminal charges with which a juvenile can be charged. These criminal charges can consist of:

  • Possession of drugs;
  • Sale of drugs;
  • Manufacturing of drugs;
  • DUIs related to drugs.

In Alabama, a judge often has the discretion to charge a juvenile, which is considered to be anyone under the age of 18, as an adult or as a juvenile depending on the case and the severity of the crime committed. If a juvenile is charged as an adult, he or she will receive the same punishment that someone over the age of 18 would receive. However, when a juvenile is charged and convicted of a drug crime as a juvenile, there is a wider range of options and penalties available than if the juvenile is charged as an adult.

Juveniles may face penalties such as:

  • Paying fines and court costs;
    Receiving probation and/or community service;
    Drug counseling;
    Detention;
    Driver’s license suspension.

Unfortunately, these are not the only consequences that juveniles can face from drug crime convictions. Drug crime convictions can result in the juvenile not receiving financial aid for college, not being able to join the military, or face challenges when finding a job. Because of the severity of the consequences a juvenile can face, it is important to seek legal advice and representation if you find yourself or your loved one in this situation.

Need Legal Advice?

Juvenile drug charges can have a huge impact on your child’s life. The lifelong consequences that are attached to these crimes can be devastating and overwhelming for a juvenile. If you or a loved one is facing a juvenile drug charge, it is in your best interest to contact an experienced juvenile criminal law attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.

Can I Seek Back Child Support?

child support lawyer birmingham When you and your spouse decide to have a child, you do not expect to have to take care of that child alone. You expect your child’s other parent to do his or her part in raising that child, not only physically, but financially, as well. When this does not happen, you, as the custodial parent, may decide to seek child support from the non-custodial parent. However, what happens when the other parent fails to pay child support? Can you seek back child support? If you or a loved one is seeking information about unpaid child support, it is in your best interest to contact an experienced Birmingham family law attorney to strategize about the best possible outcomes for your situation.

Back Child Support

Child support is typically awarded to any custodial parent to provide financial assistance for a child’s needs, such as food, clothing, and shelter. This support is given until the child reaches the age of 18. Child support is granted by courts, though sometimes the non-custodial parent does not pay child support at all or falls behind in his or her support obligation. When this occurs, a custodial parent has the right to petition the court for any unpaid or back child support, also known as arrears.

To get this process started, the custodial parent files a petition seeking back child support in the court that initially entered the Order for Child Support. If the judge grants the petition, you must submit your enforcement order along with the original support order to the Department of Human Resources. Upon the happening of this event, the non-custodial parent is “encouraged” to pay back child support by Alabama imposing a number of sanctions upon him or her. These sanctions can consist of:

  • Withholding income;
  • Suspending licenses;
  • Jail;
  • Charging interest on the past due amount
  • Putting liens on property.

It is important to note that though child support obligations terminate upon the child’s 19th birthday, back owed child support is still enforceable upon the non-custodial parent up to 20 years from the date of the original Order for Child Support.

Need Legal Advice?

You should not have to take care of your child alone. There are obligations for both parents when they have a child and one of those obligations is taking care of children financially. If you have taken out child support on a non-custodial parent and have not received that support, you have a right to receive back child support. If you or a loved one is seeking more information about back child support, it is in your best interest to contact an experienced family law attorney at Massey, Stotser, & Nichols, PC to help you with your case. Contact our office today.

How Long do I Have to File a Personal Injury Claim?

reasonable person lawyer birmingham No one expects to be in an accident or to have some other injury occur to him or her, but these things do occur. When they do, you should be compensated for whatever injury you have incurred. When you are injured at the fault of another, you have two options – file suit or not file suit. In those cases in which you choose to file suit, it is important to know and understand the statute of limitations on your claim and whether or not you have exceeded the time limit to file your claim. If you or a loved one is seeking information in this area, it is in your best interest to contact an experienced Birmingham personal injury attorney so that we can strategize about the best possible outcomes for your situation.

Statute of Limitations

A statute of limitations is the maximum time frame in which a legal proceeding may be initiated by a party or the time frame in which you must bring a suit in order for your claim to be heard in court. In Alabama, depending on your case, you will have a different amount of time in which to file suit against another. The differing time frames consist of:

  • For personal injury, the statute of limitation is two years;
  • For fraud, the statute of limitation is two years;
  • For injury to personal property, generally, the statute of limitation is two years;
  • For professional malpractice, the statute of limitation is two years;
  • For trespassing, the statute of limitations is six years; and
  • For libel/slander, the statute of limitation is two years;

If the statute of limitation passes, your claim can no longer be filed and you are barred from bringing suit against another. This is because the statutes of limitation are to provide as much fairness as possible to all parties involved, without allowing for a legal matter to go unfinished. Because of this, it is invaluable to seek legal advice and representation if you are contemplating bringing suit against another for an injury you have sustained.

Need Legal Advice?

Your claim is important, and this is especially true if you have been injured and have sustained medical costs, pain and suffering, and even loss of income as a result of your injury. However, if you do not act within a certain amount of time, then you alone may be responsible for whatever costs you incur. Because of this, it is invaluable to seek legal advice and representation if you find yourself injured. Contact an experienced personal injury attorney at Massey, Stotser, & Nichols, PC to help you with your case today.