Ask a Lawyer — Free Legal Questions Answered by Licensed Attorneys

In most states, yes — you can still pursue compensation even if you were partially at fault, under comparative negligence laws. Under “pure comparative negligence” (used in California, New York, Florida, and others), your damages are reduced by your percentage of fault. If you were 30% at fault and damages total $100,000, you may recover $70,000. Some states use “modified comparative negligence,” barring recovery if you were 50% or 51% or more responsible. A small number of states still apply contributory negligence, which can bar all recovery if you were even 1% at fault. The state where the accident occurred controls which rule applies. An attorney can review the specific facts and help assess your exposure.

First, read the papers carefully to understand exactly what your spouse is requesting — division of assets, custody, spousal support, etc. In most states you have 30 days to file a formal written response (Answer or Response to Petition) with the court. Missing this deadline can result in a default judgment entered against you. Do not transfer, hide, or liquidate marital assets before speaking with an attorney, as courts take a dim view of this and it can harm your position. If children are involved, temporary orders for custody and support can be established early in the process. Consulting a family law attorney promptly is the single most important step you can take to protect your rights.

No — terminating or punishing an employee for reporting harassment is illegal retaliation under Title VII of the Civil Rights Act and most state anti-discrimination laws. Protected activity includes filing an internal HR complaint, filing an EEOC charge, or participating in an investigation. If you were demoted, had hours cut, received a sudden negative performance review, or were terminated after making a complaint, those facts could support a retaliation claim. Document everything with dates, names, and written communications. You typically have 180 to 300 days from the retaliatory act to file an EEOC charge, depending on your state. Consulting an employment attorney promptly is critical to preserving your rights.

You are not legally required to have one, but a DUI attorney can significantly change your outcome even on a first offense. A skilled lawyer can challenge the legality of the traffic stop, scrutinize breathalyzer calibration and field sobriety test administration, question blood test chain of custody, and negotiate for reduced charges or diversion programs. In most states, a first DUI results in a 90-day to 1-year license suspension, $500–$2,000 in fines, and possible jail time. Beyond immediate penalties, a conviction affects insurance rates, professional licenses, and employment background checks. Most DUI attorneys offer free consultations — it is worth at least one conversation before deciding how to proceed.

When a person dies without a valid will they have died intestate, and their estate passes through state intestate succession laws. The typical priority order is: surviving spouse, then children, then parents, then siblings, and so on. Assets with named beneficiaries — life insurance policies, retirement accounts (IRA, 401k), and payable-on-death bank accounts — pass directly to those beneficiaries outside of probate entirely. Remaining assets must go through probate court, which can take months and may distribute property in ways that don’t match the deceased’s wishes. Critically, unmarried partners receive nothing under intestate succession in most states, regardless of the length of the relationship. A simple will and updated beneficiary designations are the only reliable way to control what happens to your assets.

Generally, no. Landlords may only deduct from a security deposit for unpaid rent, damage beyond normal wear and tear, and cleaning costs if the unit was left in significantly worse condition than when it was rented. Normal wear and tear — minor wall scuffs, carpet worn from ordinary foot traffic, small nail holes — cannot legally be charged to a tenant. Most state laws require landlords to provide an itemized written statement of deductions within 14 to 30 days after move-out, along with any remaining balance. Failure to comply can cause the landlord to forfeit the right to retain any portion of the deposit and may expose them to penalties of 2–3 times the deposit amount. Always photograph and video the unit at both move-in and move-out.

Do not ignore it — failing to respond results in an automatic default judgment that allows the creditor to garnish wages or freeze bank accounts. You typically have 20 to 30 days from service to file a written Answer with the court. In your Answer you can deny allegations and raise affirmative defenses, including: the debt is past the statute of limitations (typically 3–6 years depending on state and debt type), the collector lacks standing to sue (they may not actually own the debt), or errors in the claimed balance. Request written debt verification and a copy of the original signed credit agreement. Many collection lawsuits are filed without adequate documentation and are dropped or settled favorably when challenged. Consumer protection attorneys often work on contingency in these cases.

Chapter 7 (“liquidation bankruptcy”) eliminates most unsecured debts — credit cards, medical bills, personal loans — within about 3–4 months. A trustee may sell non-exempt assets to repay creditors, but most filers have primarily exempt property and lose nothing. You must pass a means test (income below your state’s median, or insufficient disposable income) to qualify. Chapter 13 (“reorganization bankruptcy”) lets you keep your home and car while repaying a court-approved portion of debts over a 3–5 year plan. It is commonly used by homeowners facing foreclosure or by people with higher incomes who don’t qualify for Chapter 7. Both chapters trigger an automatic stay that immediately halts collection calls, lawsuits, wage garnishments, and foreclosure proceedings the moment the petition is filed.