Jamaican Lawyer - Deidre S. Powell

RIGHT TO VOTE

2007-04-30T05:18:00.000-07:00

THE FUNDAMENTAL RIGHTS (ADDITIONAL PROVISIONS) (INTERIM) ACT
Section 4 . 4

(1)Every person shall have the right to vote and to participate in free and fair elections if that person :
(a) is qualified to be registered as an elector and is so registered; and
(b) is not, by the provision of any law in force for the time being, disqualified from being eligible to be registered as an elector.

(2) A person shall be qualified to be registered as an elector if he -
(a) is a citizen of Jamaica resident in Jamaica at thedate of registration; or

(b) is a Commonwealth citizen (other than a citizen of Jamaica) who is resident in Jamaica at the date of registration and who has been so resident for at least twelve months immediately preceding that date; and
(c) has attained the age of eighteen years

(3) In subsection (1) the right to vote means the right to vote in-
(a) general elections for members of the House of Representatives;
(b) parish council elections for councillors to each Parish Council;
(c) elections for councillors for the Council of the Kingston and St. Andrew Corporation; and
(d) any referendum held under the Constitution or any other law.

PERSONAL INJURY

2006-08-11T14:36:00.000-07:00

If you have sustained injuries as a result of a motor vehicle accident, slip and fall at hotel or a place of business, if machinery malfunctioned, or just general injury at your place of employment, you maybe entitled to compensation for your injuries.

Ensure that you make a formal report to the Police within 24 hours or at the first available opportunity.

Keep a diary of your doctor’s visits, treatments and your general experience. Most importantly, secure the originals of the bills (e.g. for medication and transportation).

Take these to your Lawyer along with details of how you sustained the injury along with details of the third party or person at fault.

You may also request information on pursuing:

FATAL ACCIDENT CLAIMS
MEDICAL MALPRACTICE CLAIMS

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N.B. Disclaimer and Conditions of Use

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an Attorney-Client relationship.
To establish such a relationship please submit your request via email to deidrepowell@googlemail.com to make an appointment discuss your particular legal concern with Deidre S. Powell.

MOTOR VEHICLE ACCIDENTS

2006-08-11T14:28:00.000-07:00

ACCIDENTS HAPPEN, BE PREPARED!

The following information could assist you if you become involved in a motor vehicle accident.

What to do if involved in a Motor Vehicle Accident:

Assist anyone who might be injured.
Call the police. Record Police name and badge number.
Ensure that you record Registration Number of the other Vehicle(s)
Identify yourself to the driver and have a look at the driver’s identification and vehicle documents.
Check to ensure that the documents you are examining match the vehicle and the registration number.
Record the information on your pamphlet or any other available paper.
Look for witnesses and get their names, addresses and telephone number.
Take notes. Take photographs (even with your phone). If you can’t take notes at the scene - take them as soon as possible after. Keep information in a safe place. Memories fade and just what someone said or did or exactly where the cars or some object may have been may become important later.
Report the accident to the nearest police station to the scene of the accident. Record the name and badge number of the officer that received the information, as well as, the date and time that the report was made.
IF YOU ARE HURT, OR FEEL ANY DISORIENTED - SEE A DOCTOR. A doctor should always check you after an accident. Some serious injuries do not become immediately evident. Whiplash is one such injury. Sometimes the symptoms do not develop until the next day or two. Therefore, it is important that you get yourself checked right after the accident. If you didn’t and you feel anything unusual later, see your doctor immediately.
Remember you have a duty to report all accidents to your insurance company even if you don’t plan to make a claim under your policy. Visit your insurance company within 14 days after the accident. Ensure that a written statement is presented to them. N.B. Some insurance companies may deny any obligation to pay out if you do not notify them promptly.

WHEN YOU LEAVE THE SCENE YOU SHOULD HAVE THE FOLLOWING INFORMATION:

Other vehicle(s) Registration Number(s)
Name, Address, Telephone Number of the other person(s)
Place of Accident
Date of Accident
Time of Accident
Witnesses Names, Addresses, Telephone Number
Name and Badge Number of Police who came on the scene
Police station to which he is Attached
Names and Addresses of persons who were injured/ property damaged
Nature of Injuries/ damage to property you observed
Photographs

IF YOU ARE MAKING A CLAIM OR EVEN CONSIDERING MAKING A CLAIM, YOU SHOULD CONTACT A LAWYER IMMEDIATELY.

The sooner you call, the better off you will be. Your lawyer can provide you with advice on how to properly respond to questions that will inevitably be asked by insurance companies, adjusters/assessors, investigators, police officers and other attorneys.

Most importantly your lawyer is best prepared to help you recover the appropriate compensation for your injuries or damages to your property.

ESTATE PLANNING

2006-08-11T14:14:00.000-07:00

This is the process of planning for several major contingencies in life such as:

Death at an early age
Disability/ Incapacity
Death at an expected age
Retirement planning
Funding for university

A Will can help you accomplish many goals.

Through your Will you can:

Direct the distribution of your property after your death
Provide for cost-efficient and tax-efficient transfer of your property to your heirs
Reduce estate taxes
Designate a guardian and trustee for your minor children
Designate an executor to supervise and organize your affairs
Reduce indecision, anxiety and family conflict at the time of your death
Establish a financial plan for the continuing support of loved ones
Give directions for your funeral ( a seperate ocument can be prepared)
Fulfill your lifelong dream of helping others by making a bequest to your favourite charity, school or religious institution

If you own any of the following then you need a will:

House
Land (registered and unregistered)
Motor Vehicle
Valuable Jewelry
Investments: Stocks, Bonds, Bank Accounts, and Shares
Business and other Assets
Copyright owner of artistic work – songs, rhythms, books, paintings, trade marks, patents
Anything you consider valuable

If you are an EXECUTOR or TRUSTEE for the estate of another person, you have a duty to ensure that someone is appointed to handle the executor’s business should you die before your duties are complete. The executor of your Will will automatically become the executor.

WHAT IF YOU DON'T OWN ANYTHING?

Even if you do not own any property, if you died in a motor vehicle accident your loved ones may be entitled to compensation from the person who harmed you.

Think about this:

Who would you like to benefit from this?
Who would you like to look after your affairs?
Who would you like to look after children or other relatives?
You have the right to decide this and a will ensures this!

WHAT IS A WILL?

It is a legal document written during your lifetime that directs the distribution of your property after your death. Your Will is a testimony to your lifelong love and concern and an opportunity to secure the future for your loved ones/ groups/ organizations you have supported during your lifetime.

WHY IS A WILL IMPORTANT?

The advantage to having a will is that YOU decide how your property will be distributed. Without a will your property will be distributed according to the laws of your country. A court may select an administrator for your estate and a guardian for your minor children. Furthermore, dying without a will can be costly and may complicate the transfer of your property to your heirs. If you and your spouse/ children father die at the same time without a will that appoints a guardian for your children, a court will select a guardian to care for your children and manage their inheritance until they become adults.

Would you want this important decision to be decided by any one other than you?
Would you like this to be decided by a total stranger?
What happens to your children while they wait for the Court to make this decision?

LIVING WILLS

Advances in medicine allow doctors to prolong and sustain life although a person will not recover from a persistent vegetative state.

Extending life when death is imminent to some people is only extending the suffering and prolonging the dying process.

QUESTION: IF YOU WERE TERRY SCHIAVO WHAT WOULD YOU WANT???

BENEFITS OF A LIVING WILL/A HEALTH CARE DIRECTIVE/ POWER OF ATTORNEY

Allows you to make the decision of whether life prolonged medical or surgical procedures are to be continued, withheld or withdrawn
It allows YOU to express your wishes prior to being incapacitated
YOU remain in control of your life and medical treatments
Prevents ambiguity and uncertainty among relatives
Relieves undue stress and tension among family members
Reduce litigation expense
Reduce pain… may be your own

YOUR LEGAL, ETHICAL & LIVING WILLS ARE IMPORTANT
MAKE A CONCIOUS DECISION TO PROTECT YOUR
LIFE, FAMILY AND ASSETS.

SELLING YOUR PROPERTY

2006-08-11T14:07:00.000-07:00

Selling your home, land or business need not be a hassle. To ensure that this experience is simple and enjoyable for you, the following services are available:

Advising you of your rights and obligations regarding the sale of your property.
Advising you of your various taxes, duties and sots associated with the transaction.
Examination of the terms of the offer and explaining them to you to assist you in deciding whether or not to sell
Drafting Memorandum of Understanding
Negotiating with the purchaser and his Attorney to ensure that that your rights and concerns are addressed
Preparing an Agreement for Sale that protects your rights and interest
Resolving issues which may arise during the sale
Drafting and Serving Notices to Quit
Preparing Closing documents
Explaining your rights and guide you if the purchaser is receiving Mortgage
Ensuring that you receive the Mortgage proceeds on time or ensuring that your interests are protected
Ensuring that you receive all the relevant closing documents and the full proceeds of the sale at the required time.

SIMILAR ADVICE IS OFFERED TO PURCHASERS.

AREAS OF PRACTICE

2006-08-11T14:03:00.000-07:00

Currently I am on leave from Private Practice.

However, I act as consultant to various Attorneys at Law and Individuals on the following :

Personal Injury & Fatal Accident Claims - Motor Vehicle, Injury on the Job, Slip and Fall

Medical Malpractice

Construction Contracts - Drafting, Interpretation , Negotiations, Arbitration

Intellectual Property: Copyright, Trademarks, Domain Name Protection

Purchase & Sale of Property

Estate Planning: Drafting Wills, Probate and Administration

Company Formation, Winding up, Share Transfer

Insurance Law

Entertainment Law

Divorce

Arbitration & Mediation

General Civil and Commercial Litigation

PROFILE

2006-07-21T03:19:00.000-07:00

DEIDRE S. POWELL is a dynamic Jamaican Attorney-at-Law who combines compassion with tough advocacy, as she offers her services to Individuals, Insurance Companies and Brokers, Banks, Investment Companies, Media Corporations, Real Estate Companies, Security Firms, Government Agencies and other Attorneys.

She is recognized as an analytical decision- maker, with excellent problem-solving, arbitration and alternative dispute resolution skills.

She is also well known as an Insurance Claims Consultant whose experience dates back to 1994.

She has helped countless individuals and their families to be compensated for damages as a result of Motor Vehicle, Fatal Accidents and Slip and Fall Accidents.

A recognized motivational speaker, lecturer and founder of the “Claims Settlement and Negotiations Seminar” she shares he knowledge and experience with students, legal and insurance professional about the dynamisms of insurance claims settlement, basic negotiation principles and practices.

The Caribbean’ s first legal research website, http://www.pcamonline.com/ , is one of the many innovations of this unique Attorney at Law. For subscription details submit your request to deidrepowell@gmail.com.

Her motto is “Your Rights, My Concern” and her goal is to address the legal issues and concerns of individuals locally and internationally in a professional, efficient and timely manner.

She focuses her attention on all aspects of General Civil and Commercial Litigation, Personal Injury and Fatal Accident Claims, Intellectual Property Right Claims, Real Estate, Administration of Estates, Commercial and Construction Contract Arbitration. For more information click on AREAS OF PRACTICE.

N.B. She is currently practices as a Mediator/ Arbitrator and continues to offer her services on a part time basis to various Companies, Firms, Attorneys at Law, Individuals and Government agencies worldwide.

To discuss your particular legal concern please contact her at deidrepowell@googlemail.com