Accidents happen every day to different people and from an assortment of causes. Usually serious accidents are the effect of some people’s negligence, irresponsibility, and recklessness. It is due to this that a number of people experience a serious personal injury. It is justified that a proper compensation be given to victims of serious personal injuries especially if the accident was not their fault.
However, the moments succeeding an accident like a personal injury can be somehow be overwhelming and confusing that most victims tend to forget what to do right after a serious personal injury. In order to know what you have to do if a serious personal injury occurs because of someone else’s wrongdoing or negligence, it would be helpful to keep in mind some helpful tips and advice.
Things to do while at the scene of the incident:
Check for those who may need immediate medical attention.
Immediately check if anyone may be in need of medical attention. Check the people you are with and check the people from the other party involved. Do not let your emotions get over you. Manage your temper and do not get emotional. Do not talk to them about anything yet. Ensure first if everyone is in good condition.
Call for medical assistance and call the police.
It is important to call both the medical assistance team or the paramedics and the police if an accident happens. Paramedics will be able to provide first aid especially for those people who may need immediate medical attention.
Do not attempt to provide first aid or move anyone unless you are qualified to do so.
While waiting for the paramedics and the police and someone in either party is injured, do attempt to move them. Do not attempt to provide first aid unless you are qualified to do so. If an injured person is moved by unqualified people, the injury may just worsen or may even lead to paralysis.
Take some photos at the scene of the accident.
If you have a camera or camera phone with you, make sure to take pictures at the scene of the crime. Everything vital should be recorded and taken pictures of. However, keep in mind not to move anything. Also, make sure that everyone is safe first before taking pictures. The priority still lies in ensuring that everyone is safe before anything else. If this is an automobile accident, make sure to take clear photos of the involved vehicles’ plate numbers, street signs, skid marks, damages, and other things, which you may find relevant. Make a backup copy of these pictures these will be useful if you need to file personal injury claims in the future.
Politely inform the other parties involved to wait for the police to arrive at the scene and make their written report about the accident.
Some people would just want you to have their contact and insurance information and then leave. Do not allow this to happen. Courteously insist that they wait until the police arrive and everything is recorded. It is very important that everyone waits until the police reach the accident area since they will need to inspect the scene and the vehicles, see the position of the vehicles, and many other things necessary for their report. If still the other party leaves, make sure that you have their licensed plate number as well as the description of the people.
Collect the contact information of the witnesses.
Take responsibility in getting the contact information of the witnesses. Contact information would include names, phone numbers, addresses, and the likes. The statements of these witnesses can make a difference in your personal injury case.
Once the police reach the accident scene, tell them everything that happened.
When the police arrive, tell them everything that had happened. Tell them the truth. Avoid exaggerations and do not lie.
Things to do after the accident:
Always seek medical attention.
When involved in a personal injury, you have to always seek for medical attention. This is your top priority. Even if you think you feel okay and nothing seems to be wrong, you still have to visit a physician. Some injuries are not readily seen. Sometimes symptoms manifest in a few days, weeks, or months after the incident. A physician will be able to help you know what to observe and what to avoid doing until it is thoroughly confirmed that you are already well or until proper treatment is done.
Go to your family doctor or any treating physician available near you. Once you get hold of a physician, inform him or her of the personal injury accident that happened. Inform him or her as well as about any symptom that you are feeling and have the physician record this in the medical record. Get the contact information of the hospital you visited and the name and contact information of the physicians that have examined or treated you. Record the dates that you visited the hospital as well. Again, this will be needed in case you will be filing personal injury claims.
Prepare the information and documents needed for your personal injury claim.
Before filing a personal injury claim or contacting a personal injury lawyer, you have to ensure that you have all the information and documents. Have everything ready and make sure to make copies for reference.
Get assistance from a personal injury lawyer.
You should not handle your case alone, especially if it is a serious personal injury. You have to seek the assistance and guidance of a personal injury lawyer. Personal injury lawyers are expert in handling personal injury claims and cases. These people will be able to help you in your case while you help yourself recover. Personal injury lawyers can take many legal tasks off your shoulders so you can just focus more in recovering. Contact one as soon as possible.
Keep a notebook tracker.
Victims of serious personal injury cases should always keep track of everything that happens. Get yourself a notebook and use it just like a diary or journal beginning from what happened in the accident up to the present. Track everything no matter how small they are. Track down all of the physical complaints, problems, or issues that you are feeling. List down all the medical visits that you made as well as the tests and examinations done. Make a detailed note of the telephone conversations that you will have to people related to the accident. It may not be an exact transcription, but make sure that a good summary of the conversation is noted. Note down the person’s name, phone number, and the date and time of the call. Track down the dates that you missed work because of the injury or accident. List down the expenses you shelled out related to the accident.
Funny videos are the most likely of all types of video to go viral. Whether it’s cats playing with dogs, an inebriated college student relating the duel between of Alexander Hamilton and Aaron Burr, or children reenacting scenes from inappropriately themed movies, funny videos traverse cyberspace faster than a hot knife goes through butter. Given their popularity, wouldn’t it make sense for lawyers to try and use funny attorney videos to attract clients? Not necessarily. The legal profession is a serious one, and for good reason: for some clients, it’s literally a matter of life and death. In order to maintain the propriety and professionalism that lawyers need to have in order to do their job, they have to stay within limits of how lawyers are expected to act; otherwise, they will not be seen as “real” lawyers by the viewers, and could actually undercut their branding through their videos. The bottom line is, it’s highly unlikely that any attorney videos, facing these restrictions, will go viral—unless it’s for the wrong reasons. That being said, humor can certainly be an effective tool for lawyers to use in their videos. Here are some tips when considering whether to use humor in your attorney videos.
- Would it offend any of my current clients? Different types of attorneys have different client bases, and what one group might find hilarious, another might find deeply offensive. Knowing who your prospective clients are will help you decide whether what you’re planning is likely to ruffle any feathers.
- Get feedback. If you’re planning on doing the entire attorney video yourself, from writing the script to acting it out, to filming yourself, then you absolutely need to test it out to make sure that it’s genuinely funny before sharing it with the public. Run the concept by people whose opinions you trust, and then show them the finished product. Even if you’ve got a team of people with whom your working, getting some early feedback can help you refine your video.
- Don’t make yourself the butt of the joke. Yes, you’re trying to display your sense of humor, and a tempting tactic is to make fun of yourself; however, your true goal is to convince viewers that you will be an effective advocate on their behalf. If those two goals come into conflict, then you’ve got a problem.
- Make the humor work for you. For example, a recent series of advertisements from a New York personal injury law firm poke fun at the perception that trial lawyers will take any kind of case—and make it clear through humor that they are not one of them. In one video, an actor discusses with tears in his eyes how a power outage interrupted the best video game he’d ever had. After he finishes his anecdote, the firm’s new tag line appears on the bottom of the screen: “There are some cases even we can’t win.” In one deft move, the firm elevates itself above its competitors and makes itself seem both selective and trustworthy: two features every client wants in his or her law firm.
Trademark registration extends for a fixed term and includes the right to prevent others from using the same or similar mark or copying the goods or services. Although trademark rights are a product of common law, and arise automatically upon adoption and use by the owner, it is generally advisable to register the mark with the PTO in accordance with the provisions of the Lanham Act. Under the Lanham Act, a trademark registration serves as prima facie evidence of the validity of the registration, the ownership rights of the owner therein, and most importantly, the owner’s exclusive rights to use of the mark in commerce. The owner of the registered mark will be allowed to seek protection from the importation of an article that copies or simulates the registered. mark and will be able to prevent others from subsequently registering a mark that is likely to cause confusion or mistake.
Prior to the amendments to the Lanham Act adopted in 1988, a person seeking to register a mark had to first adopt and actually use the mark by affixing it to the product or its packaging and then selling or shipping the product in commerce. The use requirement was eliminated in 1988, and now an applicant need only state his bona fide intention to use the mark either in commerce or in connection with the products identified in the application. This “intent-to-use” procedure supplements, but does not replace, the prior “use-based” application system.
Every application for registration is first examined by an attorney at the PTO and, assuming that the mark satisfies each of the requirements for registration, the mark is then published in the Official Gazette of the PTO for opposition by any persons who believe that they will be damaged by registration of the mark. If no opposition is raised, or the arguments of the opposing party are rejected, a mark that has been “used” prior to the application is registered and a certificate of registration issued. However, if the mark is filed under the “intent-to-use” procedure, the PTO merely “allows” the mark. Within six months after “allowance,” the applicant must file an affidavit stating that it has in fact used the mark, and only then does the PTO issue a registration.
Under current law, protection for a registered mark extends for ten years; however, registration expires after six years unless within the seventh year the registrant places on file with the PTO an affidavit that either proves continued use of the mark, which requires that a “specimen or facsimile showing current use” actually be attached to the affidavit, or sets out special circumstances excusing the registrant’s nonuse of the mark. A mark may be renewed within the last six months prior to the end of the registration period or a previous renewal period for an additional period of ten years. The application for renewal must include the same type of proof of continued use as described above.
If your business wants to protect its trademarks, consult with an experienced business lawyer.
Mergers and acquisitions involve complex legal issues. You will need the services of an experienced business attorney. When your business decides to acquire another business, then you will have to take part in a serious of negotiations. You must have a well planned negotiation strategy in place. An experienced business attorney can help you develop a well planned negotiation strategy. To start a merger and acquisition process, your business must enter into a letter of intent with the other business. An experienced business attorney can draft a valid letter of intent for your business. A letter of intent should outline the terms of the negotiation.
After entering into a letter of intent, your business must start the due diligence process. In a legal due diligence you must consider all aspects of the other business to ensure that there is no violation of any law by the other business. You must also check if there are any pending or likely lawsuits against the business. An experienced business attorney can conduct the due diligence and advise you on any legal liability that may be affecting the business you intend to take over. If any legal issues crop up during the due diligence, an experienced business attorney can advise you on how to deal with the issues.
Once the due diligence is complete, you will need a formal merger and acquisition agreement. An experienced business attorney can draft the formal merger and acquisition agreement. The operation of your business as well as the business being taken over must be integrated. An experienced business attorney can prepare a Transition Service Agreement specifying the types of services, timeframes, and fees associated with the integration process.
A merger and acquisition must comply with Federal and state laws. In some cases, you will require regulatory approval. An experienced business attorney will ensure that your merger and acquisition is in compliance with all Federal, state and local laws. Mergers and acquisitions can also result in tax issues for your business. An experienced business attorney can review the books of accounts and advise you on any possible tax liability that you may have to incur on account of the merger and acquisition.
An experienced business attorney can review the representations made by the other business to ensure that it is complete and accurate. The attorney can advise you on your options in case of any false representations. Generally in case of any false or incorrect representation, your business can call off the merger and acquisition. Based on the circumstances of your case, your business may be entitled to seek compensation from the other business. An experienced business attorney can review the facts of your case and advise you on your options.
Mergers and acquisitions are complex. You will need the assistance of an experienced business attorney to guide you through the complex maze of rules and regulations governing mergers and acquisitions. You will have to pay the fees but in the long run, the fees paid to the business attorney will be worth it.
Independent contractors exist in virtually every type of workplace, large and small, blue collar and professional. The federal Bureau of Labor Statistics estimates that more than ten million people work as independent contractors in occupations ranging from farming to computer technology to upper level management. Contractors go by any one of a number of names—consultants, freelancers, the self-employed, entrepreneurs, and business owners—but they all have two common traits: They are in business for themselves, and they don’t rely on a single employer for their livelihood. A business that is hiring an independent contractor must ensure that it complies with the employment law. An experienced employment attorney can review the employment conditions to ensure that the appointment of the independent contractor does not violate the law.
Hiring independent contractors can be a smart, cost-effective alternative to taking on employees. They can add a lot of flexibility and expertise to a company’s workforce without the financial and legal burdens of hiring employees. Seek the assistance of an experienced employment attorney.
Using independent contractors does have some drawbacks, however. The biggest potential problem is that numerous federal and state government agencies keep a close watch on any employer who uses independent contractors. These agencies want to make sure employers aren’t taking advantage of workers (and skipping out on their tax obligations) by calling them independent contractors when they should really be classified as employees. Companies that try to get the benefits of the arrangement without following the rules can end up in legal trouble. Hiring the services of an experienced employment attorney is a way of ensuring that your business does not end up in legal trouble.
Because companies don’t have to pay taxes or provide benefits (such as health insurance) for independent contractors, it can be less expensive to use them. Using independent contractors also gives a company flexibility and reduces its exposure to certain kinds of lawsuits. A company does not have the same right to control independent contractors as it does with its employees, nor can a company demand or expect the same type of loyalty from independent contractors. In addition, independent contractors can sue your company if they are injured while working for you, while employees cannot. An experienced employment attorney can defend such lawsuits against the company.
Your company can greatly reduce the chances of a worker being reclassified as an employee by requiring the worker to fill out an independent contractor questionnaire, provide copies of business licenses, and sign a written independent contractor agreement.
With a few exceptions, the law does not require companies to use a written agreement with independent contractors. Still, it’s a good idea to write things down, for a number of reasons. An experienced employment attorney can draft independent contractor agreement for your company.
Unless the work falls into one of nine categories defined by law, the intellectual property rights to any works an independent contractor creates will belong to the independent contractor, not to your company. This is true even if you hired and paid the independent contractor specifically to create the product for your company. But you can use a written contract to ensure that the copyright belongs to your company. Seek the advise of an experienced employment attorney when you are hiring an independent contractor.
The police can stop you on suspicion of DUI in certain circumstances. The police stop should not violate your rights under theUSconstitution. If the stop is unlawful, then any evidence recovered from the subsequent search can be suppressed at trial. Consult with an experienced DUI attorney. The attorney can review the circumstances of the stop and challenging its legality. If the stop is unlawful, an experienced DUI attorney will seek to exclude the evidence recovered from the subsequent search. The circumstances of the traffic stop and the subsequent search or arrest will determine if the actions of the police officer are lawful or violate your rights under theUSconstitution.
You can only be lawfully stopped and searched for DUI if the police officer has reasonable suspicion that you are intoxicated. The totality of the circumstances will play an important role in determining what is reasonable. The police officer must have a specific and unbiased opinion that you are driving while intoxicated. If the circumstances reasonably suggest that you are driving while intoxicated, the police officer can lawfully stop you. For example, if the police officer observes you to be driving erratically or severing from one lane to another, it will give him or her reasonable grounds to suspect that you are intoxicated. In such cases, the stop will be lawful. If you have been charged with DUI, consult with an experienced DUI attorney. The attorney can review your case to determine if the DUI stop was lawful.
If you have been stopped for DUI, the police officer has a limited right to conduct a search of your vehicle. If during the search he or she finds evidence of DUI such as an open beer bottle, he or she can seize the evidence. The police officer will not require a warrant to seize such evidence. This right to conduct the search is limited by your constitutional protection against unreasonable search and seizure. The exact circumstances of your case will determine whether the search and seizure is reasonable. An experienced DUI attorney can review the circumstances of the search and determine the legality of the search and the subsequent seizure.
If the stop is lawful, the police officer can use a flashlight to search the passenger compartment. If the officer finds any evidence in plain sight, he or she can seize the evidence. The police officer can order you to come out of the car. If the police office has reasonable suspicion that you are armed and dangerous, he or she may frisk you. Once you are out of the vehicle, the police officer can ask you to take a sobriety test. You can refuse the sobriety test. These tests are so designed that most people fail this test. When you fail the sobriety test, the police officer will have a probable cause to arrest you for DUI. If the police officer asks you to take a breath analyzer test, you should not refuse the test. If you do, the police officer will have reasonable cause to detain you and subject you to a blood test.
By now, you’ve probably already made a decision about whether to create profiles on social media websites for your law firm, and if you haven’t jumped on the bandwagon yet, you likely will soon. After all, websites like Facebook can be a fertile ground for new legal business. However, even if you have social media profiles, you may not be maximizing their full potential. There are a number of resources available to help you market your firm, and one in particular is worth highlighting: uploading your lawyer videos to social media websites.
Why should my law firm’s profile include lawyer videos?
Social media websites are all about making connections, and one of the fastest way to do that to potential clients is by sharing a video. In just a minute or two, prospects will know who you are and what your firm is about. Videos allow you to make a personal connection to prospective clients—or as close as you can get without meeting them in person. As importantly, you’ll be building awareness of your firm among your network, and making it more likely that when a friend of a friend of a friend needs a lawyer, they turn to you first, instead of winding up at the website of one of your competitors by way of a Google search.
What should my videos be about?
For starters, your lawyer videos on social media websites should include one introductory video, in which you describe yourself and your firm—your background, that of your firm, and the type of law you practice. Depending on how comfortable you are in front of the camera, you may also want to make a variety of videos, including informational videos that your network of contacts may find relevant, “blog”-type videos in which you give your professional opinion on contemporary legal issues, and commercial videos, in which you advertise your professional services. Some lawyers are hesitant to market themselves too aggressively; if you’re one of them, then you might not want to include commercial videos. That’s absolutely fine; there are no hard and fast rules when it comes to social media videos, and remember: the main purpose of your videos is to raise awareness of your firms. You can do that without sharing commercial videos.
What tone should our lawyer videos take?
The ever-changing landscape of these websites makes it difficult for most law firms to know how best to present themselves: somber and professional, energetic and lively, professional but self-deprecating? While it may be tempting to try and deliver a hip, cutting edge video with “viral” potential, chances are, it’s not going to happen—and if it does, it won’t necessarily generate the leads you want. The safest bet is to make your lawyer videos on social media websites match the tone and culture of your firm. Most media-savvy consumers can detect phoniness from a mile away, and even if you succeed in attracting new clients, they will likely notice the disconnect. That is not to say, however, that you can’t use humor to make your point in your video: just make sure it’s your kind of humor—and that of your firm.
By using lawyer videos on social media websites, you can better utilize your professional network, provide valuable information to potential clients, and raise awareness of your firm.
The type of work your company does will also dictate how much contact you have with unions, which are more common in certain industries than others. For instance, there are more union workers in government than in private industry, where union membership is concentrated heavily in the fields of transportation, utilities, manufacturing, and construction. If there is a union (or more than one) in your workplace—or even if workers at your company are just interested in forming one—a special set of rules comes into play. Federal and state labor laws dictate how management (including you) must deal with unions, as well as what rules can be imposed on workers. An experienced employment attorney can advice a business on the Federal and state labor laws that deal with the unions.
Some workers are excluded from the National Labor Relations Act (NLRA)—the set of federal laws that governs union issues. These workers include agricultural workers, domestic servants, those employed by a parent or spouse, and independent contractors, as well as managers and supervisors.
An employer can recognize a union as the bargaining representative of its employees only if the union has the support of a majority of workers in the “bargaining unit”—a group of employees who do similar types of work and have common concerns about wages, hours, and working conditions. Even if the union can show that a majority of workers signed union authorization cards (statements indicating that the workers want a union to represent them), the employer can refuse to recognize the union, at least under current law. Then, the union will have to ask for a secret election to prove its support. Businesses should seek the advice of an experienced employment attorney before deciding on whether or not they should recognize a union.
During an election campaign—the period of time between when the union asks for an election and when the election is actually held—management representatives have to watch their mouths. Employers and managers may voice their opinions about the union but cannot punish union supporters, threaten employees who support the union, make promises to workers if they vote against the union, spy on union activities, or ask workers about the union in a coercive manner.
An employer may prohibit workers from talking about union matters on work time, but only if it prohibits them from talking about other nonwork issues as well. The company can also prohibit workers from holding union discussions in work areas, even during nonwork hours, but only if this rule applies across the board to all nonwork topics. But the company cannot prohibit workers from talking about the union while off the clock in nonwork areas—like a lunch room or locker area. Before taking any such decision, an employer must consult with an experienced employment attorney.
There are two kinds of legal strikes: strikes to gain economic concessions from the employer and strikes to protest an employer’s unfair labor practice. And even one of these two types of strikes might be illegal if it violates a no-strike provision in the collective bargaining agreement, or if the striking workers engage in serious misconduct.
If you’ve decided to create lawyer videos, then you’ll need video editing software and tools. There are a variety of solid software programs out there, ranging from complex to simple, and professional quality to decidedly amateur. How serious you plan to get about editing and what your budget is will determine what kind of program you should purchase. Many of these software programs provide free trial versions so that you can test drive them, and there are even a handful of decent free software options available. Here’s a run down of some of the more popular versions, their notable features, and their costs.
Low-Maintenance Editing If all you need to do is splice digital film together, include a few basic transitions, and add an introduction to your video, then free lawyer editing software such as Picasa or Windows Live Movie Maker will do the trick. They’re simple to use, and make it easy for you to upload videos. However, they won’t include any sophisticated filters or overlays, and Picasa’s primary function is as a photo organizer. Apple iMovie is another free option; however, it can’t produce HD video output.
Moderate Editing If you’re a lawyer who’s willing to invest some time and money into the process but don’t want to have to learn the ins and outs of professional video editing software, then there are a handful of products that fit the bill. Adobe Premiere Elements is a sophisticated program that includes features such as auto shake correction (for when the quality of video is diminished by unsteady hands), face recognition, and auto-following text bubbles. It currently retails for $99.
CyberLink PowerDirect (also $99) has similar capabilities and runs faster than Adobe Premier Elements; however, it’s a more challenging program to learn, with some less-than-intuitive controls. Other video editing tools in the same price range and with a comparable array of features are Pinnacle Studio Ultimate and Nero Vision Xtra.
Professional Editing If you plan on putting together sophisticated lawyer videos, then you’ll need sophisticated—and expensive—video editing software. Adobe’s Premier Pro CS5 is high-end video editing software, including graphics hardware acceleration, which speeds up video processing times, and a number of refined features such as multiple project panels, multiple nestable timelines, and multicam editing. Premier Pro CS5 retails for $799. Apple’s Final Cut Studio costs $999, and is considered the industry standard, with professional quality audio editing capabilities, as well as animation.
Keep in mind that with professional editing software, you’ll need to have a highly advanced computer in order to even run it, much less run it efficiently. Be sure to check the hardware specifications before purchasing your lawyer editing software.
Chances are, the more you edit your lawyer videos, the more perfectionist you’ll get about the process. If during the course of learning how to edit videos, you find yourself frustrated by your software’s lack of features, then it’s time for you to upgrade. If, on the other hand, you find yourself frustrated by the complexity of the software’s instructions, then you might think about taking a course in video editing software—especially if you go from 0 to 100 by purchasing professional editing software right out of the gate.
Expungement refers to the removal of police and court records from public inspection. The records are not physically destroyed, but they are sealed and treated as confidential. To expunge your conviction in simple language means to seal or destroy your conviction or criminal records. It is possible to expunge your conviction by law and by inherent judicial authority. In expungement, the court orders the sealing or erasing of the legal record of an arrest or conviction. The record is sealed or erased in the eyes of law. It is like the arrest or conviction never happened.
The eligibility criteria for expungement and the procedure is based on state law. Although there are slight variations, the general eligibility criteria are:
1. You must be a first time offender.
2. A specific period of time must pass between conviction and your request seeking the expungement of that conviction.
3. There should be no pending criminal charges against you at the time of the request.
4. You must have been “rehabilitated”.
You must file a petition in court seeking expungement of all official public records of your arrest and conviction. The petition should be on the standard form which is available at the county court where you were convicted. The petition must contain the following information:
1. Date of arrest, summons or citation
2. The law enforcement agency that took the action
3. The offence charged
4. Your case number
5. Date your case was disposed
If you do not have these details, you can obtain them from the court where your case was tried.
The entire process takes about 90 days. Again this varies from state to state. Once the order has been passed, the custodian of the records must inform you and the court that the order has been complied. This must be done within 60 days from the date of the order. Again this time limit varies from state to state. Make sure that you receive this information. Never assume that your records have been expunged till you receive this information from the custodian. Contact an experienced attorney if you want to expunge your records. The attorney will review your case and let you know if you are eligible.
There are many benefits of having your records expunged including:
1 It will be like the conviction or arrest never happened.
2 Your employment opportunities improve. You can already answer “no” on employment applications.
3 You regain access to many professional licenses.
4 Police cannot use priors to enhance any future charge.
If your request for expungement is successful then it is legally viewed as if the conduct never happened. You will have all privileges and rights restored and you be completely exonerated.
In almost all states, expungment of the records does not result in actual physical destruction of the records. The records are merely sealed and out of bounds for the general public and the law enforcement agencies cannot be used the expunged records to seek enhanced sentencing in any subsequent trial. Many states have laws at allow the sealed records to be re-opened under exceptional circumstances by law enforcement agencies. For example in few states with three strikes law, an expunged conviction will be counted as a conviction under the three strikes law. The expungment petition must be made to the court having jurisdiction over the records unless specifically stated otherwise. Once the record is expunged, you need not disclose the record to anyone. It is like the arrest and the subsequent proceedings never happened. In most states you can apply for expungment only once in your lifetime. Seek the assistance of an experienced attorney if you want to file an expungment petition.
Every business should have some form of insurance or the other. Certain forms of insurance such as workers compensation are required by law. Business insurance defense attorney specialize in defending insurance claims against the business. A business can be subject to many insurance claims. So it is important that your business hires the services of a business insurance defense attorney to fight the insurance claims against your business.
An experienced business insurance defense attorney can defend your business against claims for professional malpractice, labor issues, product liability and various tort liabilities. These claims can run into millions of dollars. Generally an experienced business defense attorney will work with your business and your insurance company. The attorney will review the claim and advise you on your course of action. If the claimant files a lawsuit against your business, the business insurance defense attorney can defend the case against your business.
Most business defense attorneys work with insurance companies. Their main responsibility is to help review the insurance claim made by the policy holder. After scrutinizing the insurance policy, the attorney will advise the insurance company whether or not to make the payment. The attorney will review the terms of the insurance policy and also the obligations of the policy holder before advising the insurance company on the issue of payment.
All business insurance defense attorneys advise their insurance company clients to pay off all valid claims. However some claims are not genuine and made only with the intention of making a quick buck. Many claimants whose claims are denied due to legitimate reasons sometimes are not satisfied with the reasons for denial provided by the insurance company and often file an insurance lawsuit against the insurance company. An experienced business insurance defense attorney can defend the insurance company in such a lawsuit.
If your business is facing an insurance claim, you should immediately consult with an experienced business insurance defense attorney. The attorney will review the claim and advice you on your obligations. Generally the attorney will review your obligations under the insurance policy and if the claim is covered by the insurance policy, the attorney will forward the claim to the insurance policy.
A business insurance defense attorney will be well versed in insurance defense law. Insurance defense law is complex. There are many Federal and state statutes that can affect the legitimacy of an insurance claim. Besides Federal and state statutes, there are numerous court decisions that can also affect the legitimacy of an insurance claim. It is therefore important that you hire the services of an experienced business insurance defense attorney if your business is facing an insurance claim. Interpretation of the complex insurance defense laws requires skill and expertise. If you deny the insurance claim without a legally valid reason you will end up paying damages over and above the insurance claim. Only an experienced business insurance defense attorney will have the skill and expertise required to interpret the complex law of insurance defense. Leave it to the expert – business insurance defense attorney.
Over the years there have been a number of federal and state statutes, laws, court decisions, and administrative regulations that are designed to encourage those who are hiring to make their decisions based on an evaluation of the candidate’s skills and abilities as they relate to the particular job. These laws and statutes address the overriding concern that every person should have an equal opportunity for employment.
Once it has been decided what qualifications are desirable in the ideal candidate for the job, it is important to examine those qualifications and determine if any of them eliminate certain groups or protected classes of possible candidates. If any of the listed qualifications remove a particular group from employment consideration, then a discrimination situation exists.
The Americans with Disabilities Act and most state laws prohibit employers from discriminating against an applicant or employee in hiring, compensation, promotion, or other terms or conditions of employment on account of a person’s disabilities. To make a claim against an employer for unlawful disability discrimination, the applicant or employee must show that he was disabled, qualified for the position he applied for or desired, a nondisabled person was placed in the job, and the disabled person sustained damages as a result of the employer’s decision, such as lost compensation.
The hiring process has a beginning, and similarly it needs an ending. When a job offer is extended, it may be conditioned upon the successful completion of a specified event, such as a drug or alcohol examination. However, whatever the condition, it must be job-related, applied uniformly and consistently, and not solicit protected information. Upon successful completion of the specified condition and the applicant accepts the job offer, the hiring process is ended. If no employment offer is extended or the applicant fails to satisfy the specific condition, the employer should inform the applicant of the true reason(s) for not being offered the job. Failure to close this circle or provide an honest explanation for not hiring the person may leave the employer exposed to a claim of unlawful employment discrimination, tarnished reputation, or unfounded rumors, none of which enhances the employer’s reputation or is inviting for future candidates.
The Civil Rights Act of 1991 provides the right to women, persons with disabilities, and persons who are religious minorities to have a jury trial and to sue for punitive damages if they can prove that they were victims of intentional hiring or workplace discrimination. The law covers establishments with fifteen or more employees. Prior to the passage of this law, jury trial and punitive damages were not permitted, except in intentional discrimination lawsuits involving racial discrimination. Based on the size of the employing business, this law places a cap on the amount of damages a victim of intentional, nonracial discrimination can seek.
Current legislation makes it unlawful for employers of four or more employees to discriminate in hiring, firing, or recruiting on the basis of national origin or citizenship status.
If your business is in the process of hiring employees, consult with an experienced business attorney on how to avoid discrimination in hiring.
Every car accident is a disturbing event, and this accident can very badly influence the individual’s life when there is no appropriate care and knowledge applied for the injured person. That is why it is absolutely essential that the affected individuals of a car wreck stick to these steps to minimize recovery time and increase the compensation for injuries sustained in the car accident.
Before you decide to do anything else, turn on your hazard lights and ensure your wellbeing by remaining in your vehicle, waiting for the traffic to leave the location. Remain secured inside your vehicle if you suspect you endured a lower back or spine injury. Make contact with the paramedics to help you right away. Many times, it happens that the car accident victims get out of their car and suffer another personal injury, either from themselves or from some other motorist. This could maximize your time to recover and prevent you from making the most of your life.
Everyone who have been associated with a car accident need to obtain personal information, which includes contact and insurance details. Testimonies and contact details from witnesses of the car accident might help insurance adjusters and the jury to better understand how the car accident happened. It ought to be noted that the opposing party’s insurance carrier shouldn’t be called before a consultation with a car accident lawyer. Remember that the insurance adjusters will not supply you with the compensation that will help you recover.
Find Medical Assistance for all those personal injuries sustained in the motor vehicle accident. When it happens that you don’t receive medical care right away, the value of your damage claim may reduce and your recuperation could take longer. Each and every seasoned and knowledgeable car accident lawyer has relationships with the best medical facilities in the region, so you should contact him as quickly as possible to acquire better treatment.
Health care providers and professionals are those who sworn an oath, which adheres them to provide top quality services and care to their wounded or sick patients. Hippocratic Oath is the expression used here. This oath is retained by most, if not all, health care professionals. How do they do this? By performing their obligations every single day with great pride. Just the best health care for patients is anticipated from these medical professionals. Medical malpractice and/or neglect can take place as a result of mistakes medical service providers and doctors make. As a consequence, light and serious injuries can be inflicted, and also wrongful death.
What Are The Causes Of Medical Negligence Leading To Wrongful Death
Medical malpractice and negligence will occur due to intentional and unintentional reasons. Adequate training and experience is required to perform a job and some medical service providers do not have it. It has to be mentioned that some medical neglect or malpractice cases aren’t deliberately done. On a daily basis doctors have to deal with emotionally, physically and mentally challenging tasks. Obviously, these aspects cause pressure and tension to medical professionals and doctors. Medical mistakes can be created when these factors are raising the upsetting conditions like fatigue, distraction and lack of focus. With regards to medical malpractice that leads to wrongful death, there are several different kinds. Some of the most common kinds of medical malpractice include medication errors, surgical mistakes, inability to diagnose, wrong or misdiagnosis, and testing and screening errors. Some other reasons include abandonment, deficiency of care, miscommunications, inadequate treatment continuation, inappropriate or incorrect use of medical equipment and tools, surgical instrument/s retention in the body of the patient after surgical procedure, incorrect or poor treatment performance, and lack of informed consent. Medical malpractice attorney
Absolutely nothing can substitute or resurrect a family member, no amount of money will help. The death of a family member due to medical malpractice is morally and ethically inexcusable. One and only thing which can be done is to have some closure by knowing that justice is served to the individual who is responsible for the death of a loved one. A legal assistance would be very useful in your civil legal action against the doctor that is responsible for the wrongful death. It’s not necessary to go through this all alone. With the assistance of wrongful death attorneys, you’ll be comforted and pleased realizing that you and your family will be provided rightfully and properly monetarily in the coming years. Wrongful death attorney
Medical malpractice is not something to be taken lightly. All of us put our health and wellness before anything else. We put a great deal of confidence in doctors, hoping they know what’s best for our health. It is not common that the same people are the ones accountable for the wrongful death of our loved one. Demand a legal help today if your loved one is a victim of medical negligence and let justice be served.
A personal injury lawyer is an individual who mostly works in the area of law related to the injury of a person or property, which entails physical, mental or damage to the person’s right, also. Primarily including law of torts, a personal injury lawyer specializes in working with cases associated with insurance policies, personal/life insurance, medical claims, auto insurance, industrial accidents, workmen’s compensation, employment problems, breach of duty, negligence, defamation, etc. Hence, a personal injury lawyer also known as the plaintiff lawyer may be representing his clients or the victim of a personal injury for not only physical disability or psychological distress but additionally violation of his rights against a person, corporation, organization or a government authority for financial and non-monetary compensation and damages. Attorneys for personal injury
To be able to speedily provide comfort and justice to his client a personal injury lawyer can negotiate the case out of court rather than going to court trial. This is a good option considering that the major goal of a lawyer is to obtain settlement for his client’s personal injury. The situations in which a mutual agreement is not achieved, a court action follows, in which the expertise of this type of professional is advantageous. A lawyer’s knowledge and control over the law, his influence and handling of the situation not to mention his inter-personal relationships add weight for goal of negotiation. Personal injury legal representation
Personal injury laws vary in every country. To be a graduate in law, one must have a expertise in a particular law, even though they can practice as a personal injury lawyer.
You ought to take stock of all your properties when you are beginning to make estate planning. Interest in either enterprises or some real estate property, savings from your retirement, insurance packages covering you and the financial investments you have made will be incorporated here. After you have appropriately made an inventory of your assets, the next step is to carefully consider who you will be transferring each one of these assets to. It is also vital that you think of the person who may act on your behalf in case that you’ll be debilitated.
With a will available, folks will know where you’re transferring all of your properties once you have died. If you have little ones, this is where you ought to be providing a suitable guardian for them. If you die with no legal will to speak instead of you, you will be leaving a lot of people in a really difficult position. If you do not provide this simple document, your heirs will fight over your assets and it may even happen that many of these assets will end up with somebody you don’t know.
It is wise to assemble your beneficiaries and let them all know which assets they’re going to inherit once you pass away. By doing so you’ve prevented any dispute in arising when you’re dead. It is best to keep this simple as much as possible because it can be complicated. If you have any asset to give, then it is truly best to think about estate organizing. Handing out of the news and estate processing will likely be much easier this way.
In the wrongful death situation, there must be a couple of issues and actually what are they? According to the term states, wrongful death means that a person died wrongfully through the mistake of numerous activity that formed, it can be occured in several events, for example a vehicle incident, a premises liability condition, a product liability, and a medical malpractice , it?s due to the negligence of the offender or some people.
What You need to Prepare in This Circumstance?
In case you encounter this situation, then it is best to employ an attorney, just like an Atlanta wrongful death legal representative, is essential and definitely more critical compared to any other type of legal issue. The reason is that wrongful death conditions have a two year law of limitations in the state of Georgia against a four year statute of boundaries for most other kinds of negligence conditions. The reason that you should employ a legal professional involved as fast as possible is not just due to the law of limitations, and also to take care of such problems as preservation of information, gathering witnesses, employing experts, to acquire information and proof required to find out if you can win the condition. Attorneys for wrongful death
Defense is One of the Best Actions in Wrongful Death
In the wrongful death circumstance, the total of people who grant to create a claim have been limited by the law, the state made a restriction and it become one of the most popular defenses in this scenario. Those folks are generally known as potential beneficiaries, and in a wrongful death situation, there are quite specific potential beneficiaries. So, if there are no people called as potential beneficiaries, then there can’t be wrongful death circumstance.
Advantages of Using a Legal Representative
Wrongful death situations are very hard and the stakes are great. Generally you will discover conditions where the caregiver or the individual who is in charge of getting cash for the family has been murdered, so you have lots of emotional factors associated with a wrongful death circumstance that should be solved. Using a Georgia wrongful death legal representative enables them to manage all of the procedures so that a friends and family has moments to grieve.
What Kinds of Injuries Can Be Recovered?
There are various forms of injuries that can be reclaimed for a wrongful death condition as mentioned in the Georgia State?s regulation. But, it will be more difficult in the older people circumstance, as it will influence the financial field, including the sum of income that have been received by a person in his/her life. In those types of scenarios, our legal professionals would cooperate with experts such as accountants and other financial analysts who will deliver us with a very specific financial outline relating to what those costs would be and what the loved ones would be qualified for. Go here
Deciding on a personal injury attorney can be very demanding when you or one of your loved ones are injured. Even though there are lots of folks who will claim that this type of lawyers are only ambulance chasers, their purpose can not be overemphasized because they assist people when they require assistance the most. Using the tips provided here you will be able to discover a appropriate personal injury attorney.
Bar association in your country can provide you with a referral list of all personal injury attorneys in the area, so you need to contact the Bar right away. You should visit the association’s web site and you’ll obtain access to a variety of legal resources in addition to information about lawyers serving within your town. Personal injury attorneys
Also, you could talk to your friends for advice on getting a good lawyer. They could be able to give you some valuable information and good advices if they handled this type of lawyers previously, therefore assisting you to come to a decision. Your relatives and friends will help you find out more regarding the knowledge and experience of the attorney.
Your attorney could also provide you with some referrals. There is no better person to inform you concerning other lawyers who are experts in personal injury cases. Lawyers know themselves and if the one you’re currently employing isn’t into personal injury, ask him to refer you to someone who is a specialist in this area that will manage your case. See this site
Medical professionals and health care providers will give top quality treatment to their sick patients or hurt people because they have sworn an oath to do so. Hippocratic Oath is the expression used here. This oath is retained by many, if not all, medical professionals. How do they do this? By carrying out their obligations each and every day with great pride. Just the best treatment for patients is anticipated from these medical professionals. Medical malpractice and/or negligence may happen due to the errors health care providers and doctors make. The errors made may lead to light to heavy injuries, and in some cases wrongful death can happen.
What Are The Factors Behind Medical Negligence Causing Wrongful Death
Medical malpractice and neglect can happen because of intentional and unintended reasons. Some health care providers don’t have the appropriate training or experience to perform their jobs. It must be noted that some medical negligence or malpractice cases are not intentionally done. On a daily basis, doctors face a physically, emotionally, and mentally demanding job. Obviously, these elements cause strain and stress to health care professionals and doctors. Medical errors can be made when these elements are raising the distressing conditions like exhaustion, distraction and loss of focus. When considering medical negligence that leads to wrongful death, there are a few different types. Among the most common forms of medical negligence involve medication errors, surgical mistakes, failure to diagnose, wrong or misdiagnosis, and testing and screening mistakes. Inadequate therapy continuation, miscommunications, insufficient care, abandonment, absence of informed consent, wrong treatment performance, incorrect use of medical devices and surgical instrument retention in the patient’s body are a few other kinds of medical negligence. Medical malpractice law firm
The death of a loved one because of medical negligence is morally and ethically inexcusable. Absolutely nothing can bring back a family member and nothing can replace a family member. The only thing which can be done is to have some closure by knowing that justice is served to the person who is responsible for the death of a loved one. A legal help would be very helpful in your civil lawsuit versus the health care provider which is liable for the wrongful death. You do not have to go through this on your own. You and your loved ones will be relieved and encouraged understanding that you will be provided well financially with the help of experienced wrongful death lawyers. Wrongful death law firm
We should not take medical negligence lightly. Health care professionals are supporting a longer and better life and because we consider our health to be the biggest priority, we trust them and we know that they know what’s best for us. It doesn’t happen often that a doctor is the one to blame for the wrongful death. If your family member is a medical malpractice victim, seek out legal support immediately and let justice be served.
Members of the family feel angry, frustrated and powerless when their family member perishes because another person was negligent. What family members can do is to take action against the responsible individual. Wrongful death claim is usually the form of this process. If a person is seriously injured due to someone else’s mistake, they can sue the wrongdoer on a concept of neglect for the wrongful death.
Wrongful death lawyer
There are two types of claims available to members of the family of people who die because of another person’s wrong doing. They are referred to as survival and wrongful death claims.
Wrongful Death Claim
Different states have distinct policies, but, generally, a wrongful death claim may be brought by a surviving spouse, children, and parents of a deceased person. A wrongful death claim compensates members of the family for any losses they experienced because of the death of their family member. If the deceased person had survived and was in a position to sue for the suffered personal injuries, there is also a foundation for a wrongful death claim, whether or not the wrongful act was done deliberately or accidentally. The wrongful death claim belongs to the family members.
Family members might recover monetary damages if the wrongful death claim is productive. The amount and type of damages differ but can include things such as loss of companionship, suffering, and losing financial support. The will of a departed individual is going to be utilized in order for the funds to be given out appropriately. In case the deceased person passed away without a will, the funds are given out in accordance with the appropriate state law.
Personal injury claim is what the surviving victim could have. The person’s claim for personal injuries is not extinguished by her or his death. Rather, the claim holds out for the sake of the estate, heirs, and legal representatives of the deceased. Survival actions is what comes with most wrongful death claims.
A wrongful death claim compensates family members of the departed for the damage family members has sustained. On the other hand, a survival action will pay representatives of the injured person for the pain of the recipient her or himself. If someone else’s error triggers the death of another person, a survival claim is precisely what the deceased will have because this claim survives the death of the claimant. The thinking is the wrongdoer might have been responsible to the seriously injured person. If he or she had survived, the seriously injured individual could have had a negligence claim against the wrongdoer. Members of the family have the legal right to bring this claim on the victim’s account if the victim perishes.
Usually, a husband or wife, father or mother, or child is recognized as the personal representative to the estate of the deceased person. Survival claims and wrongful death claims are different from region to region, and you need to speak with a lawyer in order to comprehend your rights completely. Wrongful death lawyer