Peabody Law Firm

Common Myths About Legal Processes In The USA

Complex cases can make it more difficult to apply law. This is true for both lawyers and individuals. For those with no prior experience, understanding legal processes can be difficult. It is because legal procedures in the US can be difficult to understand, particularly when they involve complicated issues such as civil litigation.

When it comes to litigation, there are some myths that are commonly accepted as a rule. These myths are some of the most common in litigation.
Myth #1: You can appeal to any court
Many people believe appeals can be filed in every court, even after a guilty verdict. But, any Southlake probate attorney will tell you that this is false. Texas’ appellate courts are primarily for civil and criminal appeals. There are 14 appellate courts in Texas, including the First Courts of Appeals of Texas located downtown Houston. This court accepts appeals only for Harris County, Fort Bend County and Montgomery County. It also has seven other counties.

Myth #2: Business debts are always more secure than personal assets
Southlake business lawyers must address this myth. The belief is that personal assets are exempted form the obligation to pay business debts, particularly in litigation. This is false in all instances. Legally, a sole trader or proprietorship company binds personal assets to business liability. Personal assets can also be sold by courts in order to pay the business’s obligations.

If the business is a corporation, or company, then the personal and business assets will be treated as separate entities. The personal assets of owners and partners will not be held responsible for paying the business’s bills.
Myth #3: It’s not as easy as it sounds!
The McDonald’s hot-coffee lawsuit was very popular in the 1990s. The case involved a woman who drank hot coffee and sued McDonald’s. She was awarded a large settlement. Although it may seem absurd at first, there are many more details.

Because the coffee spilled everywhere on her body, the victim suffered third-degree burns and required skin grafts to recover. McDonald’s offered to pay the victim money, but they only offered $800. The court had to go to litigation. Any lawyer in the area, whether they are an estate planning attorney in Southlake, or one who handles lawsuits, will tell you that it is difficult to make money from such cases.

Myth #4: A will must go through probate
Southlake will and trust services say that not all wills go through probate. There are exceptions. There are exceptions. For example, a will that is not subject to probate is not allowed if the owner does have small estates or jointly owned assets. The laws governing probate vary from one state to the next.

The probate process ensures that the assets are distributed in accordance with the will. When a person dies without a will, or other estate planning documents, probate is usually required. Another reason could be that a beneficiary refuses to receive an inheritance because the will was not updated. To avoid probate, it is important to plan properly and keep your will current.

Myth #5: LLC registration can protect a company’s business name
It can be confusing to form an LLC in Southlake Many people mistake LLC formation for trademark protection. The truth is that LLC incorporation does not protect the business name. An opponent may call their business something substantially similar to the one that is not yet trademarked. A business trademark ensures that the name of the business will be the exclusive property of the company and that no competitor can intentionally use that name. It is important to trademark the business name once an LLC is formed.

Myth #6: An Appeal Grant Guarantees Freedom
Another common misconception is that this is the case. If the appeal grant is accepted it means that it is sent to the lower courts for reconsideration or recall. Sometimes, the appellant may get favorable results and be released from prison. This is a rare occurrence and it’s not something that happens every time.

Myth #7: The Will Must Be Executed Immediately
The laws of each state will determine the time it takes to execute a will. The executor must file the will within five year of the death of the subject individual in probate court. Because wills are not expiry dates, the validity of the will after death is not affected by a time limit.
Myth #8: Prenups are legally binding
Most prenups will be legally binding. Some nuptial agreements may not be recognized by courts, so lawyers might have the right to oppose the agreement. However, prenups that are properly drawn are usually legally binding.

Myth #9: Personal injury cases are lost causes
Many people think that personal injury cases can be difficult to win and are not worth the effort. Personal injury law in the United States is intended to provide justice for victims of injuries due to negligence by another party. These cases are especially important if the injuries have affected the lives of the victims. These cases should be pursued in court by victims.

Myth #10: All attorneys are the same
Each attorney is a specialist in a specific field or has expertise in certain practice areas. Not all attorneys are able to deal with all cases. However, they might be a good match for the case. It is important to find the best attorneys to deal with legal issues and to ensure that they have sufficient expertise in the area.

It can be confusing to understand legal matters and cases. Lawyers can help you resolve any major case because they are familiar with the court system and how it works.