Tyler Tax law, Malpractice, Divorce & DWI FAQs
Taxation, malpractice, DWI & divorce frequently asked questions
Clients frequently have many unanswered questions when legal issues arise. Below is a list of some frequently asked questions that may assist you. The Scammahorn Law Firm can help you with other questions you may have about your case.
- What is the advantage in using a tax attorney to resolve tax issues as opposed to an accountant or other tax professional?
- What is necessary to prove negligence?
- What is the statute of limitations for negligence claims?
- What is a wrongful death claim and who is entitled to make such a claim?
- What is medical malpractice?
- What is driving while intoxicated (DWI)?
- Where can I file for divorce?
- How is property divided between spouses in a divorce?
What is the advantage in using a tax attorney to resolve tax issues as opposed to an accountant or other tax professional?
A taxpayer’s confidential communications with an attorney are protected from disclosure by the attorney-client privilege. However, an accountant or other tax professional can be forced to testify against a client in criminal tax prosecutions.
What is necessary to prove negligence?
You must prove the following:
- The defendant had a duty to protect the plaintiff from unreasonable risk
- The duty was breached by the defendant
- The defendant's actions were the legal (proximate) cause of an injury suffered by a plaintiff
- The plaintiff suffered damages on account of defendant’s conduct
What is the statute of limitations for negligence claims?
You must file a negligence claim within two years from the time the claim arose.
What is a wrongful death claim and who is entitled to make such a claim?
If a person is killed as a result of the wrongful or negligent actions of another, the wrongdoer may be liable for damages to the survivors of the decedent, such as children, spouses, and parents.
What is medical malpractice?
Medical malpractice occurs when a healthcare professional is negligent in the treatment of a patient. If the patient can prove the malpractice, he or she may recover compensatory damages, such as lost wages and pain and suffering.
What is driving while intoxicated (DWI)?
A person is guilty of DWI in Texas when they reach a breath alcohol concentration (BAC) level of .08. However, motorists can be convicted of DWI even if the BAC does not reach .08 if they are driving while impaired because of the ingestion of alcohol or drugs.
Where can I file for divorce?
Divorcing parties can file for divorce in a county in which either of them has lived for at least 90 days, so long as that same person has lived in Texas for at least six months.
How is property divided between spouses in a divorce?
The community property of spouses is divided in a manner that the Court deems just and right. Therefore, fault in a divorce, differences in the amount of separate property, and differences in earning power can be considered by a court. There is no requirement to divide the property 50-50. A Texas court is free to divide the property in a manner that it deems to be just and equitable.
Superior Legal Services Tailored to Your Needs and Goals
Tyler tax law firm and divorce, injury and criminal law office of Scammahorn Law Firm prides itself on offering professional, compassionate, and personal service to all its clients regarding . No matter what type of legal challenge you are facing, contact our office today to schedule an initial consultation with our capable and qualified attorneys. If we believe that we are not the best law firm for your case, we will redirect you to another attorney. For your convenience, our bi-lingual legal assistant translates legal documents for our Spanish-speaking clients.
The firm serves Tyler, Texas and surrounding areas, including Longview, Lufkin, Marshall, and Nacogdoches. The firm also serves tax clients in the Dallas area.
