About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
Affirmative Defense Explained: How It Works in Civil and Criminal Cases
An affirmative defense gives a defendant another way to fight a civil claim or criminal charge. Instead of simply denying the allegations, the defendant points to facts or legal circumstances that could prevent liability even if the underlying conduct occurred. Common examples include the statute of limitations, self-defense, assumption of risk, comparative or contributory negligence, fraud, and duress. Rules for using these defenses vary by case type and jurisdiction, and …
Funeral Home Malpractice: Suing for Improper Handling and Unauthorized Cremation
When you entrust a funeral home with your loved one’s remains, you have every reason to expect them to be handled with care and according to your instructions. An unauthorized cremation, body mix-up, commingling of remains, or improper handling can have devastating consequences. Depending on the facts, the funeral home may face a lawsuit based on negligence, breach of contract, fraud, or emotional distress. For legal help, find a funeral home negligence attorney through the Super Lawyers …
Attorney Not Responding? Here’s How Long To Wait and What a Rejection Means
An attorney not responding to your messages can be frustrating, especially when you’re dealing with a legal issue that already has you stressed. If you’re waiting on an initial response, a few days may be reasonable. If you’re already a client, though, your attorney generally has professional obligations to keep you reasonably informed about your matter. Either way, a long stretch of silence deserves a follow-up, particularly if a legal deadline is approaching. For legal help with your …
Tree or Limb Fell on Your Car in the Road? Who's Responsible?
When a tree or heavy limb damages your vehicle, no single rule determines who pays. Responsibility depends on the facts, including where the tree was located, what caused it to fall, and whether someone failed to address a known hazard. Even severe weather doesn't always end the legal analysis. Property owners, municipalities, insurers, and other parties may all become part of the conversation. Understanding how liability works can help you make informed decisions before accepting an insurance …
What To Do if Your Legally Parked Car Was Wrongfully Towed
A wrongful tow can happen when someone removes a vehicle even though the owner followed parking rules. If you believe your legally parked car was towed by mistake, document the scene, save all towing paperwork and receipts, and gather proof showing you were allowed to park there. These records can help you challenge the tow and determine whether you have a claim for damages. Getting your car back may solve one problem, but it does not always address the financial losses caused by an improper …
Street Parking Hazards: Liability When Your Parked Car Is Damaged
If your legally parked car is damaged, the person or entity that caused the collision is often responsible for the resulting property damage. Depending on the circumstances, you may file an insurance claim, pursue compensation from the at-fault party, or, in some cases, bring a legal claim. The available options depend on who caused the damage and what evidence is available. If you have questions about your rights or a disputed claim, connect with a car accident lawyer through the Super Lawyers …
Can a Protection Order Be Used Strategically in a Custody Battle?
A protection order can significantly affect a child custody case. However, it doesn't automatically determine who gets custody. Judges consider the facts, the evidence, and above all else, the child's best interests. "While protection from abuse orders (PFAs) are critical for protection, we sometimes see them misused as gamesmanship in volatile custody, housing, or divorce disputes,” says Missy Boyd, a family law attorney at Boyd & Early Family Law in Blue Bell, Pennsylvania. “Because a …
Who Advocates for the Child in Court? Understanding Child Legal Representation
Children can have legal representation in court, but who speaks for them depends on the type of case and the laws of the jurisdiction where the case is filed. In some situations, a judge appoints an attorney for the child. In others, the court names a guardian ad litem or another advocate to investigate the child's circumstances and recommend what serves the child's best interests. Parents often assume the judge simply hears both sides and decides. But in many cases, another voice enters the …
What Does Getting Indicted Mean? Grand Jury Indictments Explained
An indictment is a formal criminal charge issued after a grand jury determines there is probable cause to believe a crime was committed. It marks the beginning of a criminal prosecution, not the end, and every person who is indicted remains presumed innocent unless proven guilty. When people hear someone has been indicted, they often picture a courtroom victory for prosecutors. In reality, the case is just getting started. Before any verdict can be reached, prosecutors must still prove the …
Suing Someone Who Sues You Back: Crossclaims vs. Counterclaims Explained
If someone sues you, you may be able to sue them back through a counterclaim. In lawsuits involving multiple parties, you may also have the option to bring a crossclaim against someone on your own side of the case. These legal claims serve different purposes, but both can shape the outcome of a lawsuit and affect everything from settlement negotiations to who ultimately pays damages. Many people are surprised to learn how quickly a straightforward lawsuit can become more complex. Knowing the …
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