October 2022


Determining fault in most vehicle accidents is quite straightforward. For instance, in a rear-end car accident, the rear driver is presumed to be at fault. The driver who drives down the wrong direction is held liable. However, what about fault in a motorcycle accident? 

Motorcycle accidents are complex cases, especially as fault may not be easily determined. A Glen Falls motorcycle accident lawyer is aware of the stigma against people who ride motorcycles. Usually, people blame riders for a crash that involves them. Because of this, you need an attorney who knows how to prove negligence in your case. 

How Your Attorney Will Prove Negligence

To collect damages in your motorcycle accident case, your lawyer must prove the negligence of another party caused the crash and your injuries. They will need to show the following:

  • The at-fault motorist owed you a duty of care. Every driver has the duty to obey traffic laws and keep other drivers safe. Failing to do this results in a breach of this duty.
  • The other driver breached the duty. Your lawyer will need to submit evidence that demonstrates that the other driver was wrong. Some pieces of evidence they can show include a dashcam video, a police report, and witness statements. Also, your attorney can use your own account of the accident. 
  • You sustained injuries. You can only recover compensation when you got hurt during the accident. Your attorney can pursue compensation for physical injury, financial loss, or psychological injury.
  • Your injury directly resulted from the accident. Your attorney must prove that your injuries happened because of the motorcycle accident. For this, they will have to submit your medical reports.

Damages You Can Recover

Because every case is unique, you cannot predict the kinds of damages you can recover. But the following damages are often collected in most motorcycle accident cases:

  • Medical bills. These include your hospitalization costs, copays, and prescription costs. You can be entitled to both current and future medical costs. 
  • Lost wages. You can pursue compensation for the wages you could not collect because of your inability to work as a result of your injuries. This type of damage applies when you have been unable to work for more than one week. Also, you could be entitled to lost future income damages.
  • Property damage. You could demand payment for the repair or replacement of your motorcycle that may be damaged due to the crash.
  • Pain and suffering. You can seek compensation for physical and mental anguish because of the crash. 


Most of the wills are there, which is supported in the courts, but there can also be some legit reasons that a will be overturned. The loss of any parent or parents is a very hard time. Besides that, this kind of loss can create rifts and cause issues among the siblings. In addition, the biggest cause of all problems is money, and it rears its head in any such issue. If there has been a will dispute and your sibling has chosen to contest the will of the parents, then it is very important that you have a good Will Dispute Lawyers Brisbane and know the reasons why a will can be overturned and know more on how do you contest a will

Let’s look at the contestation of a will. A will can be described as a legal document, and that can also be the last document, and it cannot be easily tossed aside. Just because your brother or sister chooses to contest the will doesn’t mean they are really going to overturn the will. When siblings feel slightly hurt, they can threaten to contest a will. Challenging a will is time-consuming and also a costly affair. Let’s look at what is called “challenging or contesting a will.”

Contesting a Will or Will Dispute-

As per the law of probate, a will is a legal document that can only be disputed or challenged by the spouse, children, or any other person whose name is mentioned in the will or has been there in a previous will. When any one of these people, whose name has been in a will or was in a will, notifies the Court of Law that they believe there is an issue or some problem in the will, then a will dispute or contest begins. One of the things that you should know is that your sibling or spouse cannot have the will overturned just because their names are not mentioned in the will, or because your parents said that they have other plans for them, and so on.

Only the last will and testament can be contested during the probate process when a legal question arises about the will or the process by which it was made. The question should be a valid one.

Will Dispute: How to Challenge a Will?

As per the probate court, if the last will and testament is in the proper format, then it shall be presumed to be a valid will. When the person who disputes the will notifies the court, the process of challenging the will begins.

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Legal Reasons for Challenging the Will-

You know about the legal reasons for challenging the will. It is very important that you hire a good Will Dispute Lawyers. Some of the licit reasons for disputing the will are as follows:

  1. Signing of the Will and Witnesses:

The way the will is witnessed and signed is one of the legal reasons on which the will can be challenged. A will can be declared invalid if there is a problem with its execution. “Execution” means how the will is witnessed and signed. If the will is signed and there are 2 witnesses, and all of the requirements of the state are met, then there is no issue. If the signature is not of the testator and the witness also did not sign it, then there could be a problem and it could raise questions about the validity of the will.

  1. Mental Capacity of the Testator During the Signing of the Will-

One of the most common reasons why there is a dispute or argument for a will contest is the mental capacity of the testator. The situation is most commonly referred to as that the testator did not have the mental capacity or the testamentary capacity to sign the will. Besides that, mental capacity would not mean that your parent was totally in a low mental state. In many states, it would mean that the standard is a bit low. Especially, if your parents knew about their assets and what they had to give away, if they knew who their heirs and beneficiaries were, and if they understood the effect of the will, then they had the testamentary capacity to create or make a will. People who are suffering from dementia and are in the early stages can meet the standard.

  1. Fraudulent Will-

If the will has been signed by the testator or has been forcefully signed by the testator, then it is not a valid will. Some of the examples of fraud are that someone is handing the testator a document, assuring that it is a health care or a real estate contract, and making the testator sign the document. When it is a will in actuality, then it is a fraud.

  1. Will Under Influence

If the testator was influenced at the hour of signing the will, then the will also be invalid. Some of the common examples of undue influence are that a caretaker is taking care of the testator and has complete control over the testator and can make the testator agree on anything, including the signing of a will, which the testator doesn’t want to. Then it is called undue influence.

Benefits of a Will Dispute Lawyer or Need of a Lawyer for Will Dispute-

One of the things that you should know is that a will and estate lawyer in Brisbane will help you with all your problems related to succession law. Some of the common areas where a dispute lawyer can greatly assist are as follows:

Contesting a Will-

If your name is not there in the will or you feel left out, then the will disputes lawyer in Brisbane can help to make a provision in the family application on the basis of no win, no fee.

Challenging a Will

Due to factors like duress, undue influence, or incapacity or fraud, if you feel like challenging a will, then you can do that with the help of will dispute lawyers in Brisbane, as they know the knack of handling every unique kind of case related to wills and fraudulent wills and many others.

Defending a Disputed Will-

A will dispute lawyer in Brisbane can also do that for you, especially if you are the executor of a contested will, or if any other person is contesting a will, then the lawyers in Brisbane can help you to fulfil your obligations and uphold the will, and also defend the family application. The lawyers accept the payment of a fee until the dispute has been completely solved.

Defending the Entitlement-

A will dispute lawyers in Brisbane would ensure that the beneficiary’s viewpoint is taken into consideration if you are an heir or beneficiary of a contested will and your inheritance is under challenge or threat. It is also the duty of the executor to uphold the will for the benefit of the beneficiary.

Rectifying and Interpreting a Will:

If there is any kind of ambiguous clause in the will, then a will dispute lawyer can help you with correcting the clauses and they can even apply to the Supreme Court for an order clarifying the meaning of the will to make sure the executor is not responsible for improper distribution of assets. A will dispute lawyer can also correct a clerical mistake or error in the will as per S. 33 of the Succession Act, 1981.

If you’re a cyclist in West Palm Beach, there’s a good chance you’ve experienced at least one close call while riding. And if you haven’t, you soon will. It’s an unfortunate reality that cyclists must contend with as they share the road with drivers who often aren’t used to seeing them. Unfortunately, this also means that collisions between cars and bikes can and do happen regularly.

If you are involved in a bicycle crash in West Palm Beach, here are some steps to take to protect yourself and ensure that you receive fair compensation for any damages incurred

  1. Seek Medical Attention

Your health and safety should be your first priority after a bicycle crash. Even if you do not believe you have been seriously injured, it is important to seek medical attention as soon as possible.

Some injury, such as traumatic brain injuries, may not be immediately apparent. A medical professional will be able to diagnose and treat your injuries properly.

  1. Notify the Police

The best way to ensure the safety of everyone involved in a bicycle crash is to notify the police as soon as possible. By calling the authorities, you can help ensure a proper investigation is conducted and all parties involved are accounted for.

Additionally, the police will inform you about what steps to take next and how to obtain any necessary medical treatment.

In some cases, you may also file a police report, which can be used as evidence in future legal proceedings. While exchanging information with the other party may be tempting, it is always best to avoid caution and notify the police following a bicycle crash.

  1. Gather Evidence

Gathering evidence can include taking photographs of the damage to your bicycle, the other involved vehicles, and any visible injuries you may have.

If there are any witnesses to the crash, get their contact information so they can be interviewed later. It is also crucial to obtain insurance information for all parties involved. This will be essential if you decide to file a claim for damages.

  1. Obtain Driver Information

Get the driver’s information if the crash was caused by a motor vehicle. This should include their name, contact information, insurance information, & license plate number. This information will be useful if you file a claim against the driver or insurance company.

  1. Never Negotiate with the Motorist

After a crash, many cyclists are tempted to negotiate with the driver who hit them. However, this is seldom productive. Drivers often become defensive and may even try to blame the cyclist for the crash.

Remember that insurance companies are in the business of making money, not protecting cyclists. They will often use any information they can get from a cyclist to deny or minimize a claim. For these reasons, it is best to avoid negotiation and let an experienced West Palm Beach bicycle accident lawyer handle the case.

  1. Contact West Palm Beach Bicycle Accident Lawyer

If you have been involved in a bicycle crash, contact an experienced attorney in West Palm Beach as soon as possible. An attorney can help you to understand your rights and options under the law and will fight for the compensation you deserve.

If you have been seriously injured, you may be entitled to damages for your medical bills, lost wages, and pain and suffering. Do not wait to contact an attorney. There may be time limits for filing claim. An experienced attorney will help you protect your rights and get the compensation you deserve.

Contact West Palm Beach Bicycle Accident Lawyer

When it comes to bicycle accidents, there are a lot of factors that come into play. Because bicycles offer little protection to their riders, even a low-speed collision can cause serious injuries. And when an automobile is involved, the results can be catastrophic. If you or someone you love has been injured in a bicycle accident, you need to speak with a West Palm Beach bicycle accident lawyer as soon as possible.

An experienced bicycle accident lawyer will be able to help you file a claim and may be able to recover compensation for your injuries.