Texas Gun Laws

Texas Gun Laws

Legal AssistantBusiness Law Leave a Comment

Most people probably assume that Texas has some of the laxest gun laws in the country but, depending on what data you look at, it’s actually somewhere in the middle. Both gun owners and those who advocate restricting access to guns might be surprised at the number of Texas gun laws in place.

If you live in Texas and are planning to purchase a gun or if you’re just traveling for a visit, it’s important to understand the law. Since every state is different, it’s important to take the time to learn about Texas gun laws specifically. Here’s a broad overview.

What Documentation Do I Need to Buy a Gun in Texas?

The Texas penal code doesn’t require a permit to buy a handgun or long arms but there are some age restrictions in place. For one, you have to be at least 18 to possess a firearm in general though there are exceptions for minors who are using guns under adult supervision. You must also be 18 to buy a long arm and 21 to purchase a handgun, subject to a background check.

The penal code doesn’t have an assault weapons law and does not require residents to obtain a license or register their firearms.

What Are the Laws Pertaining to Self-Defense?

Texas has a “stand your ground” law which means that you don’t have to leave premises where you’re legally required to be. The “castle doctrine” also applies in Texas, meaning you’re permitted to use deadly force (i.e. weapons) is permitted to protect yourself against someone trying to enter your home forcefully or unlawfully.

What Are the Laws for Open and Concealed Carry?

Open carry of handguns is generally prohibited, though you can strap on a sidearm if you’re hunting. Long arms can be carried openly in most instances but are somewhat limited. Disorderly conduct statutes prevent you from carrying a rifle into the grocery store or shopping mall and you can’t brandish a shotgun in a crowded parking lot.

Texans can carry a concealed weapon as long as they have the right license to carry. There are some exceptions as to where concealed carry is permitted. For example, firearms generally aren’t allowed in public offices and local governments can impose their own restrictions. It’s always a good idea to check with local law enforcement for specifics.

How to Obtain a Concealed Hand Gun Permit in Texas

You must be 21 or older to apply for a concealed carry permit in Texas. The only exception is for active armed service members who only have to be 18. You’re not allowed to have a concealed weapon if you’ve been convicted of a felony or a Class A or B misdemeanor or have any criminal charges pending and anyone with a restraining order against them is also ineligible.

Having two chemical or alcohol dependency-related convictions within a 10-year period disqualifies you as do certain psychological conditions. You must also be up to date on any child support, taxes, or government fees to be considered.

Firearms Training Requirements

Anyone who wants an open carry license has to take a course taught by a licensed instructor and approved by the state. This involves four to six hours of classroom or online instruction covering a wide range of topics, including:

  • Laws pertaining to the use of deadly force
  • Handgun safety, including appropriate use of holsters and keeping openly, carried handguns safe and secure
  • How to resolve disputes without using violence
  • Proper storage to prevent the possibility of accidental injury, especially as it relates to children

In addition to the course, there’s also a written or online exam testing the concepts listed above as well as general safety procedures.

Finally, there’s a demonstration at a shooting range where the applicant has to show safe and proficient use of a handgun. It also involves a shooting test of 50 rounds fired at three, seven, and fifteen yards.

Are There Restrictions to Open Carry in Texas?

Yes. Even if you have a permit, there are certain places where firearms are not permitted. These include:

  • Any property owned by the federal government, including post offices
  • Courts of any level, including federal, state, and local with some exceptions for guards, judges, bailiffs, and attorneys
  • Polling locations on the day of an election, even if you would otherwise be permitted
  • Educational institutions of any grade level, whether private or public
  • Jails, prisons, or other correctional facilities
  • Locations with a 30.06 sign publicly posted indicating that the owner of the property can prevent you from entering if you are armed
  • Anywhere that posts a 51% sign which indicates that the business makes more than half of their revenue from the sales of alcoholic beverages
  • Public sporting events of any level unless the sport requires the use of a firearm
  • Racetracks of any kind

There are other restrictions, too. State law prohibits anyone from carrying a firearm while intoxicated. You’re also forbidden to carry a gun when under the influence of certain drugs, including all illegal substances as well as certain prescription medications that could cloud your judgment.

Property owners also have the right to remove anyone who is armed from their property even if the person has a concealed carry permit.

Reciprocity

Concealed carry reciprocity is when one state recognizes the laws of another. For example, if you’re traveling through Texas with a concealed carry permit from another state, reciprocity would allow you to carry a concealed weapon over the state line and throughout Texas.

Texas has concealed carry reciprocity with 44 other states, including several that are geographically close like Louisiana, Oklahoma, and New Mexico. It’s important to note that reciprocity doesn’t necessarily go both ways. That is, just because Texas recognizes a concealed carry permit from one state doesn’t mean that state also has reciprocity with Texas.

Be Smart, Be Safe

Responsible gun owners are aware of the gun laws in their own state but things can get a little difficult when traveling or relocating to another state. If you’re planning to move to Texas or just passing through, it’s important to know the law and how it applies to you.

Cannabis Legalization

Cannabis Legalization

Legal AssistantBusiness Law Leave a Comment

As with the cannabis industry, cannabis laws are changing quickly across the country. With some states approving the use of medical marijuana and other legislating and regulating recreational cannabis, it might seem that things are finally progressing. Federally, however, marijuana is still considered a schedule 1 drug and there’s no clear indication that federal laws will change any time soon.

Cannabis laws are complicated. Federal law doesn’t agree with state law in a lot of cases and between recreational marijuana, medicinal marijuana, and decriminalization, the rules, and consequences vary drastically from state to state. In order to get a better idea of how the law applies to your state, it helps to understand the fundamentals of the law.

What Does Marijuana Legalization Actually Mean?

Legalized marijuana doesn’t mean that anyone can walk into any shop and buy pot. In fact, legalizing cannabis actually put a lot of regulations into place. There are still plenty of laws surrounding marijuana use. They’re just much different than they used to be.

Some states, including Colorado and Washington, have started legalizing recreational marijuana use by adults age 21 and older and granting licenses to retail shops thereby turning the marijuana industry into a legitimate business.

In a state where marijuana is legal, you cannot be fined, arrested, convicted, or serve jail time for possession or using it as long as you follow state law. That is, you’re of age with a legal amount product in a place where use is permitted. Since it’s also licensed and taxed in these states, you can still get arrested for selling it if you’re not doing it properly.

In other words, if you’re older than 21, go to the local cannabis shop, and buy a small amount of marijuana or recreational weed for use in your own home, that’s perfectly legal, even if you are caught in possession. On the other hand, if you’re 18 and buy black market marijuana from your dealer, that is not.

What about Medical Marijuana?

Medical marijuana was first legalized in California in 1996 and is now the law of the land in many states. These laws typically strictly limit the number of ounces you can have at any one time or how many plants can be grown. Some states even have laws determining the number of day’s supply a patient can have.

Patients have to qualify for medical marijuana and have their physician’s approval. Then, they can use it within the limits of the law without having to worry about being arrested, fined, or prosecuted. 

The legalization of medical marijuana has also had a huge impact on growers in these states. Obviously, patients who need medical marijuana have to get it from somewhere so laws were put into place to make it legal to grow and sell to medical depositories.

Is Marijuana Legalization the Same as Decriminalization?

No, and this is where things tend to get a little more confusing. Decriminalization means that, while marijuana is still illegal, the crimes are no longer result in prosecution. Basically, that means that small amounts of marijuana meant for personal use won’t result in arrest, fine, or a criminal record. That said, it’s growing and selling large quantities of marijuana is still a punishable offense with significant consequences.

What about Federal Law?

At the federal level, marijuana use is still considered illegal and it’s classified as a controlled substance. This means that there is significant conflict between federal laws and state laws legalizing cannabis.

This makes things a little more difficult for those states. If the growing and retail businesses are kept completely in-state, there’s a better chance that it will be seen to be operating legally. There are some complications for these businesses due to the disagreement in the law. They can’t bank normally since banks are federally regulated and under federal law, their money is being made from selling an illegal substance. That’s not all. Since these businesses are illegal according to the federal government, business owners dealing in marijuana are not able to deduct business expenses from their federal taxes.

Will Federal Law Change?

Time will tell but it’s not as simple as you might think. One big hurdle is the federal government’s drug classification system.

Federal law classified drugs as schedule 1, 2, 3, 4, or 5. Schedule 1 drugs are seen as having no medicinal value and a high potential for dependency and abuse whereas schedule 5 drugs are seen to have a low potential for abuse and reasonable medicinal value.

For example, cough medicine with less than 200 mg of codeine per 100 ml is considered a schedule 5 drug. It’s medicinally effective with a low potential for abuse.

Marijuana is considered a schedule 1 drug, along with heroin, LSD, and ecstasy. Again, these drugs are seen as having no accepted medical value and a high potential for abuse. Schedule 2 drugs include methadone, oxycodone, morphine, and fentanyl. These drugs are also seen as having a high potential for addiction or abuse but are accepted to have some medicinal value.

Because marijuana is currently classified as a schedule 1 drug, it’s unlikely to be legalized unless its classification changes. Although there has been a lot of push to reschedule marijuana, one major hurdle standing in the way is that there haven’t been any large-scale studies done that conclusively prove its medicinal value and, because it’s so strictly regulated, it’s actually very difficult to conduct such a study.

The Future of Cannabis Legalization

It’s uncertain what the future of federal cannabis laws will hold. Penalties for marijuana crimes are generally less harsh than for other schedule 1 drugs, which can be seen as a nod to the idea that it’s not as much of a risk as other schedule 1 drugs like heroin or ecstasy.

Until federal legislation changes to keep up with evolving opinions of cannabis, the rift between state and federal law will continue. If you live in a state where recreational marijuana is legal or if you’re involved in growing or selling it, make sure you know the law for your state and how it affects your business.

States with Legal Recreational Weed

States with Legal Recreational Weed

Legal AssistantBusiness Law Leave a Comment

State marijuana laws have changed a lot since Colorado and Washington became the first states to legalize weed in 2012. Eight other states have since followed their lead and are seeing first-hand the financial benefits that this booming industry has to offer.

It remains to be seen if federal law will change as more and more states legalize medical cannabis and recreational cannabis. As it stands, the law itself is quite confusing as every state sets its own limits on how much you can legally carry and whether or not you can grow your own plants at home.

Is there a clear-cut path to legal recreational weed? Not exactly, but a lot of the states that now have is started with medicinal marijuana.

How Do States Legalize Recreational Marijuana?

How does recreational weed become legal? It depends. Some states start by approving medical marijuana first then advancing the laws over time. Sometimes, recreational weed is put to the ballot so the people who live in the state can vote on the measure directly while other times the state legislature attempts to pass the measure on its own.

Occasionally, medical marijuana use is approved first. Currently, there are 34 states where medical marijuana is legal: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Deleware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, and West Virginia.

Whether or not these states will eventually allow recreational marijuana remains to be seen but allowing medicinal use often proves to be the first step to changing the law.

Whether it’s medical or recreational, since 2012, 15 states have allowed the legalization of recreational marijuana but that doesn’t mean the laws are the same in each state. Here’s a list of the states where marijuana legalization has taken place as well as a general summary of each state’s law.

  • Alaska. In 2014, recreational weed was legalized in Alaska. The law for marijuana is very similar to laws for alcohol. You have to be 21 or older and present your ID to buy it or have it in your possession, and you can only get it from a licensed dealer. Alaskans can also grow up to six plants at home with three flowering at any one time.
  • Arizona. On November 3, 2020, Arizona legalized the recreational use of marijuana through Proposition 207.
  • California. In 1996, California became the first state to legalize medical marijuana but it took until 2016 for recreational weed to find its way to the Golden State. Californians can carry up to one ounce of weed, up to eight ounces of concentrated cannabis, and as many as six plants at home.
  • Colorado. Colorado was one of the first states to legalize weed back in 2012. Different counties and municipalities are able to pass stricter laws if they prefer but state law permits adults to possess an ounce of marijuana and grow as many as six plants at home.
  • Connecticut. In July 2021, Governor Ned Lamont signed into law a bill legalizing the recreational use of marijuana. Individuals aged 21 and over can use up to 1.5 oz. and be in possession of a maximum of 5 oz. in a sealed container at any one time.
  • District of Columbia. Recreational marijuana use was legally enacted into law in February 2015 through the Marijuana Legalization and Regulation Act. Adults aged 21 years and up can be in possession of and use up to 2 oz. of the substance. The possession of hash and its derivatives in concentrates remains illegal and is punishable by 180 days behind bars in addition to a $1,000 fine.
  • Illinois. On May 31, 2019, the Illinois General Assembly passed the Illinois Cannabis Regulation and Tax Act to legalize recreational marijuana use beginning on January 1, 2020. Adults age 21+ may possess up to 30 grams of marijuana for recreational use.
  • Maine. Recreational weed has been legal in Maine since 2016. Residents can have up to 2.5 ounces of marijuana total which can include up to five grams of concentrate. At home, they can have up to six flowering plants as well as 12 immature plants.
  • Massachusetts. Recreational pot became legal in Massachusetts in 2016 but is still prohibited on federal or public land. People can have up to 10 ounces at home but quantities over 1 ounce have to be locked up. They can also grow up to six plants at home.
  • Michigan. Since late 2018, Michigan has been the only state in the Midwest to approve the legalization of marijuana. Residents can carry up to 2.5 ounces of pot and have as many as 12 plants in their home, as long as they are kept out of the public eye. 
  • Montana. On November 3, 2020, the state of Montana legalized the recreational use of marijuana through Initiative 190.
  • Nevada. State law was changed in 2016. Residents of Nevada can possess up to an ounce of pot or a ⅛ ounce of concentrated pot without law enforcement intervening. They’re also allowed to grow up to six plants per person or 12 plants in each household.
  • New Jersey. On November 3, 2020, the state of New Jersey legalized the recreational use of marijuana by referendum. The usable marijuana limit is set to 1 oz per person.
  • New Mexico. In June 2021, the bill allowing the recreational use of marijuana in the state was signed into law. The Cannabis Regulation Act makes it legal for adults aged 21 years and over to possess up to 2 oz. of the substance. Cultivation is limited to six plants per person with no more than 12 per household.
  • New York. Governor Cuomo signed into law the Marijuana Regulation and Taxation Act on March 31, 2021. The law set the legal age of recreational marijuana use to 21 years and over. Cultivation limits are capped at 12 plants (six mature and six immature) for each household.
  • Oregon. Since 2014, Oregon state law allows residents to possess up to one ounce when in public. They can also keep up to eight ounces at home as well as four marijuana plants.
  • South Dakota. On November 3, 2020, South Dakota legalized the recreational use of marijuana by referendum.
  • Vermont. What’s special about Vermont is that it became the first state where recreational weed was done through the legislature instead of putting a ballot measure directly to the citizens. Since January 2018, residents are allowed to carry up to one ounce of weed. They can also have two mature plants and four seedlings in their homes.
  • Virginia. The recreational use, possession, and cultivation of marijuana became legal in the state on July 1, 2021. Adults aged 21 years and older can possess a maximum of 1 oz. of the substance and grow up to four plants total.
  • Washington. Like Colorado, Washington state also legalized recreational marijuana in 2012. Adults can buy up to one ounce of marijuana buds. They can also purchase up to 16 ounces of edibles, 72 ounces of liquid form, and 7 grams of concentrates.

Do States Benefit from Legalizing Marijuana?

Yes, the economic benefits for states that have legalized marijuana have been fairly significant. The impact on tax revenue has been particularly significant. In 2015, marijuana sales in Colorado totaled nearly a billion dollars with the state collecting taxes and fees or more than $135 million.

The possibility of this substantial boost in revenue has been the motivation for a lot of states to move ahead with legalization. There are also boosts to the economy in the form of new business and jobs, not only from nurseries and dispensaries but also from secondary businesses needed to service the new industry like developers, construction companies, and marketing and design firms.

It’s also important to think about how much money will be saved by legalizing weed. Drug enforcement costs would go down as would court costs. Plus, because there would be fewer people jailed for marijuana offenses, it would also save money within the prison system.

Looking Toward the Future

There’s no way to say for sure if the rest of the states will follow along and explore legalized weed. It’s also unclear if federal law will ever catch up. That said, there are real economic benefits to legal recreational weed which is why state laws change so rapidly.

What to Do after a Car Accident

What to Do after a Car Accident

Legal AssistantBusiness Law, Personal Injury Law Leave a Comment

Car accidents are no fun matter. Even the smallest collision can cause havoc in your life, whether it’s minor injuries or a hard hit to your insurance plan. Then there’s the expensive mechanics in your life to fix your car.

They’re just a headache. Unfortunately, car accidents can’t always be helped. With all this stress on your shoulders after an accident, you want what you can control to go smoothly.

That’s why it’s important to know the steps you should take after an accident before you find yourself in one. All these steps can help speed up the process later on down the road.

We’ll go over what to do after a car accident. Memorize these steps so you’ll be prepared in one of these events.

The Steps You Should Take after a Car Accident

Step # 1 Stay at the Scene of the Car Accident

Never, ever leave the scene of a car accident. It’s illegal and will cost you big time, even if you weren’t at fault for the car accident in the first place.

The smallest damage to your car is still damage due to a collision with another vehicle. It’s important to stop and find a solution to the problem.

Leaving the scene of an accident is referred to as a “hit and run.” These laws are different depending on the state you reside in.

But the general rule is that, if you leave the scene of an accident that caused damage to someone else’s property, you will be charged with a misdemeanor.

Also, if you leave the scene of an accident and someone was injured, you can be charged with a felony offense.

Plus, it’s just common courtesy.

Step # 2 Check Everyone Involved for any Injuries

First, you should check yourself for any injuries. Like they say on airplanes, you need to assist yourself first no matter what. If you’re hurt, you’re no help to anyone else.

Once you’ve checked and determined that you’re okay, you need to check on any passengers in your vehicle as well as the passengers in the other vehicle.

Anyone who’s not seriously hurt from the accident, including you, needs to be out of the respective vehicles and moved to the side of the road.

If your car is working properly, you’ll want to pull it to the side and out of the road too. If you can’t drive it out of the way but the hazards are working, just turn the hazards on. It can help prevent another collision with any other vehicles that might pass by.

If anyone is injured, you need to call 911. This will bring both an ambulance to help those hurt and the police to make a report of the incident.

Step # 3 Notify the Police

You need to call the police to make an official report about the accident. If the accident was minor, you and the others involved in the accident can meet up at the police station to make a report instead of waiting.

In some states, you’re required to notify the police otherwise you’ve broken the law.

The police report will document everything about the car accident in a report. You should always be honest with the police officers and answer any questions they might have about the accident. If you’re not sure or don’t remember, let them know.

The one thing you shouldn’t say to the others involved or to the police officer is that the car accident was your fault.

Everything’s happened so fast, that you can’t be sure of who is at fault. The police officers can determine that from witnesses and the facts of the accident—not to mention that, for any car insurance company you may go through, you’re under contractual obligation to not admit liability to any car accident.

To be on the safe side, you should ask the officer the best way to receive a copy of their report.

When making a claim through your insurance company or another, you may be required to produce a copy of the police report.

Step # 4 Gather the Driver of the Other Car’s Insurance Information

You and the other driver need to exchange your insurance information. You’ll need to exchange names, phone numbers, insurance company and their policy number, license plate numbers, the location of the accident, and make and model (and even color) of the other car.

Your insurance company will want all this information and so will their car insurance company.

Step # 5 Gather Other Information about the Car Accident

After you’ve obtained all the important information from the other driver, you’ll need to gather your own information on the car accident itself.

As stated earlier, you’re going to want to get a copy of the police report. Furthermore, you’ll want the officer’s name and badge number for your own peace of mind.

Next, you should talk to any witnesses of the car accident. Get their take on the incident and get all their contact information.

If it’s possible, take photos of the accident. This gives both insurance companies an idea of the damage done by the collision. If you’ve received any injuries from the accident, even if they seem minor, you should photograph those too for evidence.

Step # 6 File an Insurance Claim

After everything is said and done, it’s time to file your insurance claim. Most insurance policies require you to report the accident immediately.

If your insurance policy includes medical pay and you’ve been injured, get all the information you need to move forward with that.

Conclusion

Being involved in a car accident is stressful for everyone concerned. Gathering all the information you’ll need later on for your insurance claim at the scene of the accident will save you time and possibly save you from being blamed for an accident where you weren’t at fault.

How to Start a Class Action Lawsuit

How to Start a Class Action Lawsuit

Legal AssistantBusiness Law, Personal Injury Law Leave a Comment

A class action lawsuit, also known as a class suit, or representative action, was developed in England back in the 13th century. Though class action cases faded out of existence in England, the tradition was kept alive in the United States.

When large corporations cause great harm to numerous people, such as consumer fraud, failure to pay a group of employees without good reason, plaintiffs can file for a claim. However, should a company cause a number of people to become sick, are injured, or even die, through a product or action,a civil action lawsuit is the next step. These claims are usually in unison (also known as a class of people). It makes court time easier instead of filing hundreds of individual lawsuits against the defendant. However, it may also involve the supreme court.

These types of lawsuits compensate the injured and protect others from being hurt by the same actions of the defendant in the future and ensure class action settlement.

Starting a class action lawsuit is a long and grueling process and may involve one law firm or several. But we’re going to go over the steps you need to take if you believe a class action is due.

Step # 1 Hire a Personal Injury Attorney

You can file a civil action lawsuit without a lawyer but they are requirements you must meet in order to do this. We advise against filing without an experienced lawyer to help you through the entire process.

You can find a great civil action lawyer through a database that each Bar association has.

You should call an attorney to assess your case. Most consultations are free. Once you give your attorney all the information required regarding the civil action, they will decide if you have a case that can make it.

Since you started the civil action lawsuit, you’ll be referred to as either the class representative, the lead plaintiff, or the named plaintifffor court purposes.

This is a big position to take on because you’re the one in the front fighting for the rest of the harmed.

Your duties include working with your attorney, notifying the others in the lawsuit of what’s happening, and you get to accept or reject any settlements offered.

Most lawyers with experience in personal injury and civil action lawsuits, do not require payment until the lawsuit is won. So, instead of hourly fees, your lawyer will be entitled to a percent of the money won in court.

If the lawsuit doesn’t win, you won’t have to pay a dime.

Step # 2 Finding Other Victims

To file a civil action lawsuit, you need more than one person with an injury caused by the company or business in question.

There are different ways that your lawyer will utilize to help find others who’ve been wronged or harmed in any way.

The Internet is a great resource. Many people go to the Internet to discuss these exact things. Your lawyer might even run television ads to reach a larger portion of people.

If this is something that affects your neighborhood or town, go door to door. Put up flyers in stores. Get yourself out there.

All these victims deserve compensation as well. However, when you do contact them, they do have the choice to opt out of the civil action.

If they do choose to opt out of your lawsuit, they have the chance to file their own lawsuit against the offending company. Some potential plaintiffs might choose to opt out because their injuries are more severe and they can receive a bigger settlement if they file alone.

Step # 3 File a Complaint

Once you have the right lawyer and other victims that are ready to fight, it’s time to file a complaint against the company or entity. This particular document is known as a “class action complaint.”

Your lawyer will write up a formal draft with all the information regarding your lawsuit. This draft needs to be strong and lay an allegation out against the company.

This will include the facts regarding the lawsuit and how you and others have suffered because of this company’s negligence.

This suffering can be physical or emotional. This can also include any financial losses you’ve had to deal with as well.

Step # 4 The Company Will be Notified

Now that you’ve filed your complaint and a judge has approved it, the company you’re suing will be notified.

The company has about 30 days to reply to this lawsuit. In most cases, they will reply with a motion to dismiss. In other words, they’re trying to stop the case.

With a motion to dismiss, your attorney will write up a response to this motion. This will lead to a hearing.

Step # 5 Classification

Now, the laws regarding classification vary from state to state. Some states have a judge review your complaint and set the classification that way. Other states require you to file a motion to have your lawsuit classified.

If the company has brought a motion to dismiss forward, you and your attorney will head to a hearing with a judge. This is when the judge will decide if your lawsuit is going to be classified.

Once your civil action lawsuit is classified by a judge, you can move forward with the lawsuit. However, you’ll have to prove to the judge that the attorney you hired is the right person for your counsel.

You’ll have to notify potential class members. They still have a chance to opt out of the lawsuit. Once classified, this will help you find more plaintiffs for your lawsuit.

From here, you’ll have several procedural hearings, which is known as the pre-trial. The company might offer you a settlement.

If you deny the settlement, you’ll go to court.

If a judge denies classifying your lawsuit, your case is dropped.

Conclusion

Filing a civil action lawsuit can be tough. It may take years to settle the case. With the right lawyer, however, you can take on any negligent company.

You deserve your compensation so don’t be scared off by the time it takes to win one of these lawsuits. There’s always hope for the company to fix their wrongdoings.

The Basics of Tort Law

The Basics of Tort Law

Legal AssistantBusiness Law, Personal Injury Law Leave a Comment

Tort law is civil law regarding when one person violates another. This violation against another can be physical, pain and suffering, or property damage. These laws decide if an individual is legally the cause of your accusations. It also ensures that the plaintiff receives monetary compensation for punitive damages from an individual who’s made life difficult.

Like most common law, tort liability and Tort laws and aren’t criminal laws. However, a tort against another can be a criminal offense. While criminal cases are used to discipline someone who carries out a criminal offense or through negligence, tort cases are used to discipline someone that’s made an offense toward another.

It’s important that you know the basics of tort law if you want to bring a civil claim against someone else.

The Four Elements of Tort Law

There are several elements that you need to make up a tort case between two people.

Duty of Care

In order to win a tort case, you have to prove that the other person (also known as tortfeasor) owed you a duty of care.

This duty involves taking all precautions to protect you from any type of harm. That harm isn’t limited to physical injuries or illnesses.

That could mean a manufacturer owes you a safe product when you purchase their products. They owe you that duty of care.

Breach of Duty of Care

Next, you have to prove that this individual breached their owed duty of care toward you.

So, say the product you bought that was built by this manufacturer (the defendant) went haywire and caused a personal injury (the plaintiff). By selling the product, they should have ensured that the product had no issues.

Causation

Now the causation of the incident needs to be proved. This means what caused the violation or harm toward you is proved.

The product you purchased from this manufacturer caused you an injury because it was improperly made. You need to prove that this specific product created your injuries or violation.

In other words, you wouldn’t have had the injury without using this product.

Injuries or Damage

Lastly, in a tort case, you need to prove in court that you did, indeed, receive injuries.

This product caused you to cut off a chunk of your finger. Medical records from your ER visit and further visits you’ve had can help you prove that you received an injury from the faulty product.

This is basically evidence that proves the injury of the plaintiff. Without some type of injury or violation, you wouldn’t be filing a civil case against the manufacturer or receive punitive damages.

The Four Main Types of Tort Cases

Tort law is a broad term for the civil laws from torts (or offenses against someone). There are numerous types and subtypes of torts, but we’re going to learn about the four major torts.

Intentional Torts

An intentional tort is, simply put, when the tortfeasor was out to hurt you or damage your property. They had clear intentions to violate or harm you. Most intentional torts are criminal offenses.

Your lawyer must show evidence that proves that the individual had intentions to hurt you. Sometimes, all your lawyer will have to prove is that the person should have known that the actions of their consequences would end up harming you in some way.

Examples of intentional torts include:

  • Assault
  • Battery
  • Conversion and theft
  • Defamation
  • False arrest
  • False imprisonment
  • Fraud
  • Harassment leading to emotional distress or harm
  • Invasion of privacy
  • Property damage
  • Trespassing

Negligent Torts

Negligent torts are when someone violates or harms you without intention. However, their actions are negligent or reckless, which ended up with you to pay for their choices.

Negligent tort is the most common form of tort and slips and falls are the most common type of negligent torts.

Examples of negligent tort include:

  • Bicycle accidents
  • Car accidents
  • Construction accidents
  • Falling objects
  • Medical malpractice
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Truck accidents

Strict Liability Torts

Strict liability torts are when violation or damage is caused but it wasn’t due to any negligence nor was harm intended. But even without intention or negligence, there were harmful consequences.

Our example on the manufacturer sending out a faulty product fits into the strict liability category. The manufacturer didn’t want their product to cut off your finger and it wasn’t due to careless behavior.

It has to be proved that the manufacturer knew about the product defect before it was sent out to stores and customers.

To be able to bring a strict liability tort case, it first has to be proved that this company manufactured the product you purchased. Then, it has to be proved that the product was defective when you bought it.

Examples of strict liability torts include:

  • Animal bites and attacks from dangerous pets
  • Animal bites and attacks from wild animals owned by someone
  • Abnormally dangerous activities/ultrahazardous activities
  • Defective products
  • Transportation and storage of hazardous chemicals

Federal Tort

Federal tort laws are laws that allow you to file a tort case against the U.S. government. Now, it hasn’t always been as easy to bring these types of cases to civil court.

The Federal Tort Claims Act (FTCA) grants you permission to sue the federal government. When someone that’s working for and acting for the federal government violates or harms you, you can take this to court to receive deserved compensation.

In order to start a civil lawsuit against a federal employee or agency, you must first file an administrative claim with that specific federal agency within two years of the incident. You receive a response to your claim within six months.

If you don’t like the response, you have six months to file a tort lawsuit against the government.

Conclusion

Unfortunately, there are some bad eggs out there. Whether someone intentionally set out to harm you or it was due to their reckless behavior, you deserve compensation for the damage done.

It’s these situations that brought tort laws in place. And it’s these situations that deserve to be brought to civil court.

Need to Know about Mass Tort Law

Everything You Need to Know about Mass Tort Law

Legal AssistantBusiness Law, Personal Injury Law Leave a Comment

Mass tort law is tricky but well worth the fight. Some companies and businesses breach a basic duty of care against large amounts of people. These torts can either be intentional or they can be unintentional.

These situations need to be remedied through litigation and need to be prevented in the future, so other people aren’t harmed, injured, or suffer wrongful death. Mass tort law is an important aspect of law that keeps businesses in check and ensures that personal injury is compensated for with a fair settlement.

That’s why, even as a plaintiff,with the backing of a law firm support form experienced mass tort attorneys, it’s important to know the difference between a class action lawsuit and a mass tort lawsuit as well as the different types of mass tort cases that come up in court.

The Difference Between a Class Action Lawsuit and Mass Tort Lawsuit

Class action lawsuits and mass tort litigation are often used interchangeably but they are, in fact, two different types of lawsuits.

Tort Law

Torts are when someone causes you harm or violates you. Torts can mean you’ve been hurt physically, mentally, or even that your property has been damaged by someone else.

Not all torts are criminal offenses, but there’s still justice that’s deserved. This time it’s in the form of monetary compensation for medical expenses and even pain and suffering you’ve gone through during this ordeal.

Mass Tort Law

Mass tort litigation is when a tortfeasor (someone who commits a tort) has injured several people. Instead of having several individual lawsuits, the victims combine forces against the offender.

During mass tort litigation, each person is treated as an individual fighting against the business. Each person has been harmed by this defendant, but the injuries might not be the same between the group of plaintiffs.

The plaintiffs in a mass tort litigation just go to court together, despite having different disputes with the defendant.

For example, a company dumped toxic waste in the river that a town gets its drinking water from. The company was trying to save some money by cutting legal and ethical corners, which made most of the town sick with different illnesses.

Mass tort cases haven’t been around that long. Lawyers started taking mass tort lawsuits to civil court in the ’60s, to fight for those injured in airplane crashes. These tort cases have only been around for about 50 years.

Class Action Law

Class action lawsuits are very similar to mass tort but there’s usually a bigger group of people who’ve acquired the exact same injury because of the defendant.

So, there’s only one lawsuit against the defendant, instead of several. But one person acts as the representative of the group.

Using our example earlier, let’s say that the toxic waste in the river caused a group of people to have the same type of illness. They could come together for a class action lawsuit in civil court.

Both class action lawsuits and mass tort lawsuits were created to cut down on the time spent in court against one defendant that’s being sued.

Common Types of Mass Tort Lawsuit

There are different types of mass tort lawsuits and each case is different. The main three types of mass tort include:

  • Consumer Product Claims: Consumer product claims are when a product is defective in some way. This defectiveness has caused harm to almost everyone who’s bought the product.
  • Environmental Claim: An environmental tort claim is when a company has contaminated the environment somehow. This can include oil spills or dumping hazardous chemicals into drinking water. These unsavory acts can cause illness or death, sometimes even decades to come.
  • Pharmaceutical Claim: A pharmaceutical claim is when a drug company has put medicine out to the public that causes serious life-altering side effects, including death.

Key Elements for a Mass Tort Lawsuit

Just like any other lawsuit, there are important factors that make up a lawsuit against a company or business that’s hurt numerous people.

These elements are imperative if you want to win your lawsuit.

These elements include:

  • Duty of Care: It must be proven that the defendant in your civil case owes you a duty of care. For example, say a pharmaceutical company releases an anti-depressant that causes those taking this medication to fall seriously ill or even die. The pharmaceutical company, by putting this medication out to the world, is supposed to give you a medication that helps you, not hurts you. That’s the company’s duty of care.
  • Breach of Duty of Care: Next, you have to prove that the duty of care was breached. The pharmaceutical company breached its duty of care by putting this medication out into the world.
  • Causation: For a successful lawsuit, there has to be a clear line of causation. This means you have to prove that the anti-depressant is what caused your sickness and that there couldn’t possibly be any other causes of this stated sickness.
  • Injuries: Now, you have to prove that your injuries or your sickness are real. This means you’ll have to have medical records. To add to causation, these medical records work best when your doctor has noted in your records that this specific anti-depressant is what’s making you sick.
  • Marketing: We’re going to throw marketing into this mix. Now, this may not be a key element in court but it’s just as important. If a lawyer has two clients come forward saying the anti-depressant made them ill, your lawyer is going to have to market this lawsuit. This can include television ads or billboard ads. These ads drive more victims of this company to your lawyer, making a stronger case.

Conclusion

Just like with any other tort lawsuit, mass lawsuits are important. These lawsuits not only gain compensation from those hurt by these companies, but it also ensures that these mistakes are fixed so no one else has to suffer due to negligence or loose morals.

What Is Mesothelioma

What Is Mesothelioma?

Legal AssistantBusiness Law, Personal Injury Law Leave a Comment

Mesothelioma is cancer of the mesothelium, the thin layer of tissue that covers most of your internal organs. It’s caused by exposure to asbestos and usually doesn’t develop in mesothelioma patients until 20 to 50 years after exposure. Treatment, such as radiation therapy or chemotherapy, is available for asbestos-related diseases but because this is such aggressive cancer (especially lung cancer), it’s difficult to treat and very deadly.

Are There Different Types of Mesothelioma?

Yes, there are several different forms of mesothelioma, though some are fairly rare.

Malignant Pleural Mesothelioma

Malignant pleural mesothelioma is the most common form and affects the tissue surrounding the lungs of mesothelioma patients. Symptoms of mesothelioma can include chest pain or fluid in the chest cavity, coughing, shortness of breath, unexplained weight loss, and unusual lumps of tissue (a tumor) beneath the skin across your chest.

Peritoneal Mesothelioma

The peritoneum is the thin layer of tissue that surrounds the abdomen. Signs and symptoms of this form of mesothelioma include abdominal pain or swelling, unexpected weight loss, and nausea.

Rare Forms of Mesothelioma

Though rare, there are other forms of mesothelioma that affect the heart and testicles.

Pericardial mesothelioma affects the tissue around the heart and can cause chest pain and difficulty breathing. The tunica vaginalis is the thin tissue surrounding the testicles. This rare form of mesothelioma may present as swelling or a mass on one or both testicles.

What Does Mesothelioma Do to the Body?

Because this cancer grows primarily along the surface of the lungs, this disease can cause more pain for the patient than other types of cancer due to significant nerve innervation. Cancer also restricts the ability of the lungs to expand which can cause breathing difficulties. Nodules and tumors can also fill the pleural space between the lungs and the chest wall. While it can spread to lymph nodes surrounding the chest and into the lung tissue, it does not usually metastasize to other areas of the body.

Once diagnosed with mesothelioma, there aren’t any effective treatments for curing it. Treatment focuses on maintaining the quality of life for as long as possible by relieving pain and associated symptoms.

Is Mesothelioma Common?

Only around 3,000 new cases of mesothelioma are diagnosed every year. By comparison, there are 200,000 cases of lung cancer diagnosed every year.

Mesothelioma is now fairly rare; however, the rate of mesothelioma diagnoses increased significantly between the 1970s and early 1990s. This is likely due to significant changes in workplace safety to limit asbestos exposure. Sadly, long-term survival once diagnosed with this malignant disease is rare, even if the symptoms are spotted at the early stages.

Who Is at Risk for Mesothelioma?

Anyone who has ever been exposed to asbestos is at risk for mesothelioma. There are certain demographics that have a much higher risk of exposure.

A typical mesothelioma sufferer is male over 65 with a history of military or blue-collar work simply because these professions have an increased risk for asbestos exposure. Specific at-risk occupations include anyone who worked in construction, manufacturing, chemical refining, or shipbuilding.

Do You Have Any Legal Recourse if You’ve Been Diagnosed with Mesothelioma?

If you’ve been diagnosed with mesothelioma and you believe your asbestos exposure occurred in the workplace, you may be able to take legal action. Because this is such an aggressive form of cancer, it’s important to start looking into this option as soon after diagnosis as possible.

In order to prove that a former employer was negligent, a worker has to show that the employer was required to protect the worker from asbestos exposure but did not do so. They also have to show that this breach of duty caused harm to the worker.

OSHA requires that all employers monitor quality and provide proper protective equipment if asbestos is detected and limit the time workers are in areas where possible exposure can occur. A breach can occur in many ways, including:

  • Failing to properly monitor the air for asbestos
  • Not using proper ventilation systems in at-risk areas
  • Not providing personal monitoring devices to employees
  • Failing to limit the number of time workers spent in infected areas

If a lawyer is able to prove negligence, the financial settlement can be quite substantial. Some settlements cover lost wages from time away from work, pain and suffering, and a decreased in quality of life due to the injury. Proving negligence can be difficult, though. It’s not always easy to prove asbestos exposure.

Choosing the Right Attorney

If you decide to seek damages, it’s best to choose an attorney that specializes in mesothelioma to help you through the process.

Your lawyer will help determine who is responsible for your asbestos exposure and decide where to file your lawsuit. Then, they’ll file a written complaint with the court on your behalf to get the process started. There are specific rules for these cases which is why it’s so important to use an attorney experienced in mesothelioma claims.

Each party named as a defendant will be given a defined period of time to respond, usually about 30 days. Because 20 to 50 years can pass between exposure and diagnosis, it’s often hard to locate the company responsible for the exposure so this step might take some time. It’s also for this reason that a lot of defendants won’t admit fault.

If no settlement is reached between you and the defendants, the case proceeds to discovery where lawyers on both sides gather as much useful information as possible. This can include your medical history, work history, and personal life. The case then proceeds to trial.

Sometimes, defendants will offer a settlement before or even during the court proceedings. Your attorney will negotiate for you but, ultimately, you’ll need to decide whether to take the settlement or go ahead with the trial. If you do go to trial and you win, the defendant has a limited amount of time to appeal. If they win in the appeals court, they may not have to pay anything at all or they may end up paying less than the initial amount awarded by the court.

Don’t Wait

If you’re suffering from mesothelioma and believe a former employer is to blame, time is of the essence. This is an aggressive disease and the sooner you get the process started, the better.

Pleural Mesothelioma Causes

Pleural Mesothelioma Causes

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

Exposure to asbestos and asbestos dust is the main cause of mesothelioma. In fact, the risk factors are extremely high with roughly eight out of 10 people diagnosed with pleural mesothelioma after being exposed to asbestos although it can take anywhere from 10 to 50 years for asbestos-related diseases to surface. Worse still, once diagnosed, many patients only have a five-year survival rate.

How does it happen? When asbestos fibers are inhaled through exposure to asbestos, they enter the lungs and make their way through the small passages until they reach the pleura, the thin lining on the outside of the lungs. Here, they cause scarring and inflammation which can eventually spread causing malignant pleural mesothelioma and, even with diagnosis and treatment, can result in lung cancer and even death. 

Most people who are exposed to asbestos never develop mesothelioma but there are certain professions that are prone to lengthy and extended exposure that have a much greater chance of developing the disease.

What Is Asbestos?

Asbestos is a blanket term for a group of thin silicate fibers which are resistant to fire, heat, and electricity and is very effective at absorbing sound. These properties made asbestos a popular material for a lot of products and it was one of the most commonly used materials from the early 1900s through the 1970s.

Because asbestos is so durable and cost-effective, it was found in a wide range of products across many different industries. At one time, it was so prevalent it was found in an exceptional number of goods and products, including:

  • Cigarette filters
  • Cosmetics
  • Talcum powder
  • Textiles
  • Plastics
  • Adhesives
  • Roofing felt
  • Insulation
  • Brake pads
  • Clutches
  • Tiles
  • Cement

There are six different types of asbestos and these are broken down into two main families based on the shape of their fibers. Serpentine asbestos is the most common and got its name from its curly snake-like fibers. The other kind is amphibole asbestos which consists of thin needle-like fibers. Amphibole asbestos is the more dangerous of the two because the small fibers can really get into the tissue and can cause significant damage in a shorter amount of time.

Hazards of Asbestos

The main reason that asbestos is so hazardous is that it’s made of thin, microscopic fibers that can easily be inhaled. These fibers are so durable that your body can’t break them down or eliminate them so they get stuck to the lung tissue. Over time, these fibers eventually lead to scarring and inflammation which can eventually lead to tumor growth. This process can take anywhere from 10 to 50 years to develop making problems difficult to catch in the early stages.

Who Is Most at Risk from Asbestos Exposure?

Because asbestos was once so prominently used, it’s possible that anyone can face an exposure risk. These passing exposures generally aren’t a cause for concern.

There are several occupations, however, with an exponentially higher risk due to the long-term, regular exposure. They include construction workers, farmers, industrial workers, HVAC technicians, oil refinery workers, and hairdressers who are exposed to various chemicals and materials that contain asbestos. Military veterans are also at high risk as asbestos was commonly used in ships, aircraft, and other vehicles as well as training facilities and barracks.

Is Asbestos Exposure Still a Risk Today?

Although asbestos is no longer actively used in most products, it’s still used in one way or another is certain industries. Most people mistakenly believe that the substance has been banned in the United States but that’s not the case.

Though the Environmental Protection Agency (EPA) attempted to ban asbestos completely in 1989, the ban was overturned by the courts. The ruling said that the ban could only apply to new uses of the material. Those products that already had an established historical use of asbestos could continue to use it; however, all products could only contain 1% asbestos.

While the use of asbestos has sharply declined, there are some industries in which it’s still quite prevalent. One common use is in vehicle parts for cars, airplanes, helicopters, and ships including brake pads and clutches. This leaves mechanics susceptible to asbestos exposure even today.

Some constriction materials are also likely to have some amount of asbestos in them, too, though it’s unlikely to affect the people living and working in the structure as long as its properly contained. On the other hand, construction workers who work with these raw materials on a regular basis are at risk for exposure.

How to Cope with Exposure

If you suspect that you or a loved one has been exposed to asbestos, there are a few things you can do. One-time exposure might be nothing to worry about but if you feel that the exposure was long term and respiratory symptoms are developing, be sure to make an appointment with your doctor right away.

Because the effects of exposure can take so long to develop, it could be decades before any symptoms surface. Give your doctor as much information as possible. After some testing, possibly including a chest X-ray or a CT scan, your doctor will be able to determine if mesothelioma is the cause of any health changes.

When to Contact an Attorney

People diagnosed with mesothelioma usually have a pretty good chance of a substantial settlement. Usually, this is paid by the company that manufactured the product causing the exposure or a victim’s trust fund.

It’s very important to get a lawyer that specializes in mesothelioma cases because they’re not always straightforward. Because so much time passes between exposure and diagnosis, some companies fight back pretty hard and try to prove that the damage was caused by exposure from other employers or lifestyle choices.

Finding the Right Lawyer

It’s important to find an experienced, knowledgeable lawyer who you can work with. By the time the symptoms of mesothelioma develop, such as unexplained weight loss, abdominal pain, or lung disease, you may not be feeling very well and will have to rely on your attorney to do a lot of the work for you. For example, if the case goes to trial, you may not feel up to going to court or testifying as you may be going through chemotherapy so you need to know that you can trust your lawyer to do everything within their power to represent you.

Workplace-Injury-Lawyer

How a Workplace Injury Lawyer Fights for You

Legal AssistantPersonal Injury Law, Personal Injury Lawyers Leave a Comment

Nobody wants to be injured at work. Likewise, nobody wishes for broken bones, bruises, or burns. But workplace accidents happen and these workplace accidents can lead to injuries. In fact, every seven seconds someone is injured on the workplace or on a job site in the U.S.

Even the seemingly small work injury can lead to chronic conditions down the road and a compensation claim may be in order. Injuries in the workplace can also lead to astronomical medical bills and lost wages since you can’t work until you’re healed.

You can file for workers’ comp but there are circumstances when you’ll be denied deserved compensation for a workplace injury.

So, when is a good time to hire a workplace injury lawyer or one of the many personal injury lawyers to help you with your workers’ compensation claim? We’re going to go over the importance of a lawyer when you’re suffering from a work injury.

When Should You Hire a Workplace Injury Lawyer?

Hiring a workplace injury lawyer or law firm to help you file receive compensation benefits isn’t necessary. However, it’s advised if you don’t understand all the rules and guidelines involved with the filing process.

There are several situations you may find yourself in when fighting your job’s workers’ compensation insurance that will require a workplace injury lawyer.

When Your Employer’s Insurance Company Is Fighting Against You

Most insurance companies are going to do anything they can to either award you a small amount for workers’ comp or denying you from receiving any compensation at all.

  • They might deny your claim. You usually get a response to your workers’ compensation claim within 21 days of filing it.

The insurance company can deny you for a variety of reasons, including if no one witnessed your workplace accident.

A lawyer can help you file your appeal. When you file for an appeal, you’ll end up disputing your denied claim at a hearing. Your lawyer will help you do the paperwork and gather evidence for your case.

  • They might dispute your permanent disability rating or partially permanent disability rating. Unfortunately, some workplace accidents can lead to permanent disability, meaning you’ll be facing hardship over your injury for the rest of your life.

Workplace Injury

The compensation you acquire is calculated into a permanent disability rating. Your employer’s insurance company may deny the rating your doctor gives you and require you to see one of their doctors.

Being paid by the company, this doctor isn’t on your side. This doctor may also try to get you back to work before you’re fully healed. If you don’t fight this rating with a lawyer, you’ll be stuck unable to pay all your medical bills nor will it cover much of your missed work.

A workplace injury lawyer can make sure you get the amount of compensation you deserve for your accident. Your capability to work has either made it difficult to continue working or stops you from working completely.

When You Have a Pre-Existing Condition

If you have a documented pre-existing condition or injury to your back and then your hurt your back at work, your employer’s insurance company will fight you before giving up any workers’ compensation benefits.

They will try to claim that your injury was there before and isn’t due to an accident that happened in the workplace. They’ll try to say that your pre-existing condition has been gradually getting worse.

When You’re Receiving Social Security Benefits

Since your workplace accident, you may have filed for Social Security Disability (SSDI)and you were approved.

Once your employer’s insurance company finds out about your additional benefits, they’re going to try to lower the amount of compensation you receive from them.

A workplace injury lawyer can ensure you receive your max benefits from both SSDI and workers’ compensation.

When Your Employer Doesn’t Carry Workers’ Compensation

Not all states require employers to purchase a workers’ compensation policy. So, when you’re injured at work and there’s no workers’ compensation, you can end up high and dry for your injuries and pain and suffering.

Without a workers’ compensation policy, your employer is open to being sued by you for compensation. A lawyer can fight your employer for you, so you can get what you deserve.

You can either sue your employer for not carrying a workers’ compensation policy or if your injury was due to negligence, you can file a personal injury claim against them as well.

You might settle out of court or you may have to go to court. In this case, you and your workplace injury lawyer will have to gather evidence to prove your claim.

When You are Fired After Being Injured at Work

It’s illegal and unfair to fire an employee after they’ve received an injury in the workplace. But that doesn’t stop some employers for taking this step.

Maybe you were fired after you started receiving benefits for your injury or you were fired for another reason. Your employer can’t stop you from receiving your compensation—but some employers will try.

A workplace injury lawyer will make sure you keep your compensation, even after you’ve been terminated.

When a Third Party Is Involved

If there was a third party involved in your workplace accident, you can sue the third party outside of the benefits you receive from workers’ compensation.

A workplace injury lawyer can help you receive that additional money from the third party.

These instances include:

  • If a co-worker was partially responsible for your workplace injury
  • If your workplace injury was due to your employer’s negligence, such as not keeping up with proper repairs around the job site
  • If a defective product is responsible for your workplace injury
  • If you develop illness from toxic substances in the workplace

Final Thoughts

After a workplace injury, you should never feel like you’re being failed by your employer or by your employer’s insurance company. That’s why hiring a workplace injury lawyer could be the best decision you ever made.