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Gerber Law

Questions? Call Us (228) 374-2313


What Is a Treaty?

What is a Treaty? A treaty is a formal, written agreement between sovereign states or between states and international organizations. In the United States, treaties are negotiated through the executive branch, which includes the Department of State. Once the negotiators have accepted the terms of the treaty, the president sends the treaty to the U.S. Senate for its "advice and consent" on ratification or endorsement. If the Senate agrees that the president should ratify the treaty, it goes back to the president and he ratifies the treaty with his signature. International agreements not submitted to the Senate are known as ...

June 5, 2018|General|

Truck Crashes Are More Fatal to Others in the Accident

In a review of the final statistics for the year 2015; the National Highway Traffic Safety Administration noted that, although traffic fatalities for the period increased a dramatic 7.2 percent, the largest increase in 50 years, large truck driver fatalities did not. However, passenger fatalities for those riding in large trucks did. Overall, that was a bad year on the road and it isn’t getting much better. Recent 18-Wheeler Crash In Mississippi, an 18 wheeler going the wrong way in October was involved in an accident with a pickup truck whose driver was killed. The reason for the driver of ...

May 5, 2018|Truck Accidents|

Who Needs a Fishing License In The State Of Mississippi?

Mississippi Fishing Licenses Mississippi Residents Each resident of the State of Mississippi ages sixteen (16) through sixty-four (64), fishing in the fresh or marine waters of Mississippi, including lakes and reservoirs but NOT to include privately owned ponds and streams, shall be required to buy a fishing license. A saltwater license is required south of U. S. Highway 90 and a freshwater or saltwater license is valid between I-10 and U. S. Highway 90. A saltwater license is not valid north of I-10. Any person sixty-five (65) or older, or any person otherwise exempted from obtaining a freshwater fishing license, ...

May 2, 2018|General|

Easement Law in Mississippi

In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer. In these cases, a Mississippi real estate attorney may have to intervene on the purchaser’s behalf. Book A Consultation What is an Easement? An easement is a legal right to access real property that is owned by someone else for ...

April 28, 2018|Real Estate Law|

Probate in Mississippi Takes Place in Chancery Court

When a person with assets dies in Mississippi and they have made a will, the estate is said to be testate. If there is no will, the estate is intestate and that can complicate matters somewhat depending on the number of potential heirs and the size of the estate. In the case of a will being available, it must be "proven." Proving a Will is Valid Probate is proving that the will is valid. Proving it is valid does include providing the court with a copy of the will attached to the petition to probate. Chancery Court is where estates ...

April 21, 2018|Probate Law|

What is the Alcohol Boating and Safety Act?

The Alcohol Boating Safety Act makes it unlawful to operate a watercraft on the public waters of the State of Mississippi while under the influence of intoxicating liquor or any other substance which has impaired a person's ability to operate a watercraft. As a condition of operating a watercraft on the public waters of this state, the person operating the watercraft is deemed to have given consent to testing for the purpose of determining the alcoholic content of his blood. "Watercraft" is defined as any motorized vessel with a motor of twenty-five horsepower or greater used for transportation on public ...

April 17, 2018|Maritime Personal Injury|

Personal Injury Due to Medical Malpractice

A person will rely on their doctor to be responsible and steadfast in their treatment and care. A physician is counted on more than any other professional that offers a service to be careful and not to make any mistakes due to negligence. When an injury occurs during surgery, the problem caused may be minor. Unfortunately, any mistake can lead to a need for longer recovery and cost the patient time from work and their family due to a longer rehabilitation process. New Procedures Can Still Cause Injuries Today’s healthcare arena, which strives to find ways to quicken procedures, has ...

April 14, 2018|Medical Malpractice|

Maritime Personal Injury Cases Can Be Complicated

When an injury or wrongful death occurs onboard a ship, there are considerations to be weighed before a maritime personal injury action can be filed. One important question that needs to be answered is whether the person was a passenger, a worker, or a longshoreman when they were injured on the ship. Employees and longshoremen have other ways to have their injuries compensated for, but passengers are a different matter. In fact; some may be precluded from taking action against the shipowner, captain, or even the ship itself if they didn’t have express permission to come aboard. That lack of ...

April 7, 2018|Maritime Personal Injury|

The Categories of Legal Malpractice

When a person believes that their lawyer has not performed up to the profession’s standards, they may have cause to bring a lawsuit against them. In general terms, legal malpractice may come down to one of three categories. If an attorney has violated one of these three standards of conduct, a client should contact an attorney with legal malpractice action experience to have their case evaluated. The three categories are: Negligence Breach of Fiduciary Duty Breach of Contract Proving that Malpractice Has Taken Place To prove that malpractice has taken place, the case against the attorney has to be evaluated ...

March 31, 2018|Legal Malpractice|

Land Use Disputes Can Lead to a Claim of Adverse Possession

In some land dispute cases, one of the parties may file a claim for the other party’s property by citing “Adverse Possession”. A person that wants to take possession of another’s land that they have been using without offering money or any other compensation must have been using the property for at least ten years. It may be rare that someone has been using a property for ten years without the owner acting to remove them. But there are many different ways that someone can accomplish this. How Do You Prove Adverse Possession? The claimant must prove all of the ...

March 24, 2018|Land Use Disputes|

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