South Daytona, FL Personal Injury Law Firms & Lawyers

This should be disclosed to you specifically. Depending on the situation, it may warrant firing both lawyers and hiring another than you feel you can trust. If you have any questions or concerns, please feel free to contact our office at 1-800-922-6442, for a FREE consultation. 

A contract is not rendered invalid because it is breached. This is the purpose of a contract - to hold the parties accountable if it is breached. For example if a take out a loan (a contract), and do not repay the loan, the contract is still valid and the lender can sue me for breach of contract. Whether raising the price breaches the contract, and whether you would have a right to withdraw based on this breach depends on the language of the contract. If this agreement is with the licensing board so that you can keep your license, or with your employer so that you can keep your job, then my guess is it does not allow you to withdraw. The essential terms of such an agreement is that you will complete the program and they will let you keep your license or your job. The price is probably not an essential term of the contract. Moreover, this is probably not an enforceable contract, but corrective action that has been put in writing.

You can try filing a claim against the other driver's insurance company but it likely they are going to deny the claim. The other driver or his/her insurance company will also likely assert a claim against your daughter's car insurance company for damage to the other driver's vehicle. The reason why the accident may be your daughter's fault is that she "glanced" away and did not see the vehicle in front of her slowing and stopping. Had your daughter been looking she should have seen the other driver doing this and caused her vehicle to also stop suddenly to avoid an accident. While there are a couple of narrow exceptions, in most rear-end accident the rear driver is at-fault. This is because they cannot travel at a speed faster than is appropriate, must keep a proper lookout and must keep enough distance from the vehicle in front of him or her to make sudden stops if necessary. You might want to talk to an attorney about the case. There may be additional facts not set forth in the information you provided that may increase your daughter's chances of winning the claim. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.