Tips For Filing a Liability Lawsuit

A Los Angeles liability lawyer can assist you with any liability problems that you may have. In most cases whenever people hear the term liability, they often times think of it as referring to car insurance. When in all actuality liability pertains to the state of being legally responsible for a particular event.

A Los Angeles liability lawyer will usually handle cases that involve a person who has sustained an injury either through a faulty or mislabeled product or hazardous property.

Product liability is the liability of a product that a manufacturer has to a consumer. To make things a little easier to comprehend, a product liability lawsuit would occur in the case that a product was faulty or malfunctioned. For instance, if you were using a blow dryer and it electrocuted you, this would be means for a product liability lawsuit. The manufacturer, sold a faulty product to you the consumer, and they are liable for any damages that product may have caused.

Premises liability is a little trickier then product liability. Premises liability deals with someone’s dwelling or land that they have sole ownership for. According to the laws pertaining to premise liability, if anyone is injured or something occurs on your land, the person that owns the land is held liable for whatever ailments they may have caused another individual.

It is very easy for a Los Angeles liability case to become complex, particularly when it comes time to gather evidence of the occurrence. Witnesses, security camera recordings, and photographs of the injury and the premises that caused the accident are just a few of the things that could prove useful in supporting your case.

We are all only human, therefore we are generally understanding when an accident occurs, but that doesn’t mean that the victim should be left footing medical bills, lost wages, and future treatment expenses when the fault truly lies with another person or company. If you believe you may have been injured through a faulty product or premises, please speak with a Los Angeles attorney as soon as possible.

Posted in Law

Personal Injury Should Be Well Taken Care Of

If there is ever a situation where a person is suffering terribly from an injury, disability or in worse case scenarios, even death, mostly due to a careless negligence of an individual, in such cases, the personal injury law covers these instances and extends its hand for help.

A severe injury can cost an individual to shell out a lot of money, sometimes an amount that the individual might not even be capable of paying, if you opt for a personal injury claim in such desperate moments then you are eligible to seek some compensation for the injury you have faced and the payment gets taken care of because of the claim.

Mostly this law covers all the kinds of injury that can possibly take place, these injuries can be of any type. It can either be something that can cause a lot of harm to your body or it can make you face some kind of emotional trauma as well. It can be anything and at anytime and having a claim especially for these kinds of injuries will help you in emergencies.

Be alert and be careful of every step you take.

Let us have a look at some of the tips that can help you get this claim:

• DO NOT DELAY TO GET SOME MEDICAL ATTENTION

The first and foremost step that you need to take when you get an injury is to seek out for medical help immediately and instantly. Do not under any circumstances delay that step because the more you delay it, the more serious it can get, therefore seek out for some medical help as soon as you find yourself in such a situation.

• BE CAREFUL OF THE STATEMENTS YOU MAKE

Be absolutely confident and clear in what you say in the accident scene. Do not say anything that might make the situation much more complicated than it already is or give rise to some kind of a conflict. Be clear in what you have to say and keep it straight when asked about it. This will help in dealing with the process much quickly.

• KEEP A CHECK ON ALL THE EXPENSES

This would include all the bills in the hospital. Be it expense bills; diagnose bills, medical bills or any other tests that you might have undergone. Have a record of all the expenses because it might be asked for when you go to claim for compensation. You can also keep a record of some lost wages that you might have faced due to missing work. Keep a track of everything.

Posted in Law

Three New York Attorney Recommendations

The search for a New York civil rights attorney can be a bit daunting if you aren’t sure where to start. While there are hundreds of New York civil rights lawyers to choose from, we’ve listed a few in this article to help you get started on your hunt.

The first firm we’re going to mention is located in Manhattan. The Law Offices of John M. Lambros specializes in cases such as discrimination. They have particular experience in handling cases in which police are guilty of brutality and wrongful arrests based on discrimination. You may also want to seek this firm if you believe you have been a victim of employment discrimination. They have a pretty good track record and might be worth looking in to if you’re around the Manhattan area.

Raff & Becker, LLP, specializes in employment law as it relates to civil rights. They work primarily with cases that deal with harassment, discrimination and retaliation in the workplace.

Deutsch Atkins, PC, is a small New York civil rights law firm located in Bergen, NJ. Although not located in New York City, they consider themselves a New York civil rights attorney, as most of their cases are tried in the city. They specialize in protecting the rights in employees, especially from large and established companies. They work exclusively with cases of employer discrimination, whether it is based on age, race, gender, religion or disability, harassment, sexual or otherwise, and people who are retaliated against for trying to ensure that their and others civil rights are protected.

If you find that none of the New York lawyers mentioned here are suitable for your case, you may want to try having a look on the Internet. You can type in a specific search criteria in Google or a similar site and find plenty of results that should precisely match your specified terms. If all else fails, you can always contact the New York Bar Association for a referral near your area.

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Twitter Tips – 7 Reasons For Law Firms to Use Twitter

There have been many discussions concerning whether Twitter is an appropriate social media tool for law firms. I say YES… loudly. Twitter is an excellent tool for law firms to expand their reach and share their firm culture. It is also a great way for law firms to further develop and communicate a bit of their firm’s personality with the market.

Successful businesses know clients invest with those they know, like and true; this basic business principle is also true for law firms.

In fact, law firms can benefit from “digital word of month” referrals and recommendations based on this solid business principle by using Twitter to:

  1. Share updates about pro bono wins;
  2. Share information about community involvement;
  3. Share attorney awards and recognition;
  4. Share the accolades for firm clients;
  5. Syndicate legal alerts and other informational briefs by firm attorneys;
  6. Provide current legal information (not advice) about issues facing the firm’s target audience; and
  7. Provide commentary about recent legal happenings.

When starting with Twitter I often advise clients to:

  • Designate an attorney and marketing professional to become the firm’s chief Tweeters;
  • Establish a Twitter account to find legal professionals to follow;
  • Observer Twitter conversations of those key people you follow to learn about Twitter’s culture; and then
  • Start sharing information and engaging others.

Twitter is a powerful magnetic branding tool that law firms can utilize to attract media attention and drive traffic to their blog or website. In addition, Tweets are indexed by Google, providing an added benefit for using this tool to expand reach and increase visibility.

Posted in Law

Know How to Tell the Difference Between Premises and Property Liability

If you have recently purchased a product that was defective and you were injured as a result, you may be due monetary compensation. If you live in the San Diego area and have recently been injured by faulty merchandise, seek legal advice at once. A San Diego product liability attorney can lay out the law for you in simple terms and determine where your situation fits.

Negligent suppliers and shoddy production can lead to a plethora of injuries for you, the consumer. Broken bones, cracked teeth, ruptured corneas and ulceration colitis are some of the common afflictions that the public have suffered. Trusting that what you see is what you get, you take a leap of blind faith as a buyer. No matter what product or service you have purchased, there may be a not so trustworthy character on the other end. Even when we err on the side of caution, we can protect ourselves 100% of the time.

Product liability laws are there for the consumer’s protection, and they state that a company’s failure to fulfill their promise will result in compensation, fines, and sometimes a “re-call” of the dangerous product. Contact a San Diego attorney straight away if you have suffered due to a company’s negligence, as there is a time limit on how long you can wait to claim after the incident.

Another type of liability is an important one that you might have heard about before. It’s called premises liability. Say a person is walking down a city sidewalk and trips over a gaping hole in the cement. They might have a justified cause to sue the city for not maintaining the sidewalks as they should have been, or for posting a sign cautioning pedestrians of the hazard. Premises liability is basically possible with any property that is neglected to the point that an object on the property or the property itself becomes dangerous to people.

Premise liability law covers those who are visiting a location and sustain injury. If you believe you were victimized by someone else carelessness at their business or home, call your San Diego liability attorney and ask about covered claims. You can get back on your feet and back in the game quicker with your liability attorney at your side.

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Ways to Overcome Copyright Problems

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

Posted in Law

Received a Copyright Infringement Notice? Now What?

Are you one of those who just received a TCYK LLC letter? In order for such a letter of claim not to become a TCYK LLC lawsuit eventually, it is a must to know some what-to-do guidelines when receiving notices for copyright infringement. So, read on; this article might help.

Let’s start with some FAQs:

Who sends a letter of claim?

Only 3 sources are authorized to send you a letter of demand for copyright infringement, and these are:

  • An exclusive licensee or someone who has an exclusive copyright license of a certain creative material
  • The owner of the copyright
  • The solicitor/s and anti-piracy entities who have been hired by copyright owners to chase infringers

In some territories and selected cases, the ISP may also have the right to send a copyright infringement notice to warn subscribers of their illegal downloading and/or file-sharing activities.

What to do next?

You need to respond to the letter of claim within the period specified on the letter. In England, it is a general rule to reply to a letter of demand or copyright infringement notice within 14 days after receiving the letter, whether you are guilty of the allegation or you are not directly responsible for the infringement. This is why proper understanding of the letter’s content is a must before even thinking of responding through email or phone call. Take your time knowing the details of the allegation, and consider seeking professional legal assistance if there are things you want to be clarified. Aside from asking legal advice from a solicitor, you may also get in touch with the letter sender directly through the hotline provided on the letter. This way you can easily get more information regarding the allegation against you as well as prevent any more serious consequences like litigation. Responding to a letter of claim immediately also lets you clear your name if ever you did not really commit the infringement.

So what should you do to stop receiving another copyright infringement notice?

  1. Stop downloading copyrighted materials. Yes, it is as simple as that. Most things you see online are owned by someone, and it is better off not to take something that’s not yours, unless you have already acquired permission from the rightful owner. However, there are also copyrighted materials that are made available by the copyright holders themselves through a Creative Commons License, which means you are actually free to make use of certain music and other creative materials online. Although there is this exception, it is still important to note that most free films you see online should not be really free and are still owned by people or entities, therefore you are most likely required to pay for downloading and/or sharing them.
  2. Check your internet connection usage. It is also important to know everyone who has access to your Wi-Fi connection to easily track the person/s responsible for any infringement, especially if you are very much aware that you haven’t really tried downloading or sharing copyrighted materials through your PC and other devices at home. You can check who accessing your wireless router by looking into its logs of connections, which most routers do have. You may also acquire assistance from your ISP in order to make sure that only you and your family or anyone in your household are the only ones accessing your internet connection, therefore not putting you at risk of any illegal downloading and other copyright infringement allegations.

These are just some of the basic precautionary measures you can do to stay away from letting a letter of claim turn into a TCYK LLC lawsuit.

Posted in Law

How Car Accident Victims Can Improve Their Cases Before Their First Legal Consultation

Initial Impact

One oft-repeated phrase is, “it’s better read about than experienced for yourself.” Few maxims can better encapsulate what it’s like to be a victim of a car collision.

Like any paradigm shift in someone’s life, it’s often dramatic and sudden. The screeching of wheels, the scream of the unexpected, or the shot of unfamiliar adrenaline.

All such tragic events mark the beginning of a typical personal injury case. For simplicity’s sake, we will discuss a common car accident. This piece explores how a victim of circumstance can take control of their situation, and turn their misfortune into an opportunity to better their case and their chances of reasonable compensation.

Self-Assessment

After the initial shock and twisted metal, victims at the scene may be dazed and confused. Regardless of where you are on the road, examine yourself and passengers for injuries. If there are no visible injuries, do the obvious thing and move your vehicle to a safe location if you are blocking the road.

If anyone is injured, get medical help as soon as possible. Truth be told, calling 911 has the added benefit of documenting the incident for later insurance evaluation purposes. This is because the documentation generated from the call tends to indicate a propensity of a person being truly injured. While it may come across as callused, car accident cases – and other cases involving personal injury – are all about documentation.

Insurance claims representatives will even go so far as to reduce the value of a claim on not going to the emergency room, even if there are later objective findings indicating that an injury occurred. Injuries, such as cervical strain and sprain, tend to appear more than one to two days later after the “shot of adrenaline” wears off. However, it’s the documentation early on that is important.

Interaction With Law Enforcement

If police were summoned by a party contacting 911, documentation will again be generated. It is common that police, in addition to checking for injuries, may cite the at-fault driver for either a crime or a traffic infraction.

Keep in mind that a criminal case is the government (or, in Virginia, the “Commonwealth”) versus the defendant. A criminal case is about seeking justice. On the other hand, a personal injury case is about “being made whole again.” Until a magic wand is invented, that means the “bad guy” paying some form of compensation.

Before law enforcement makes a general “first look” at liability, they will gather evidence – including statements from other drivers and witnesses, as well as obtaining contact information. This information is crucial for a Virginia auto injury or car accident attorney to later help prepare a case.

Keep in mind that the initial police investigation is entirely separate from the civil process, which may, in turn, rely on documentation generated as a result of the crash investigation. Even should an officer believe that a person is at-fault in a collision, the other driver’s insurance company may come to an independent conclusion.

One final point is that calling for help may be legally required in some circumstances. In Virginia, assume that it is required if there is someone that is injured or visible property damage to the vehicles.

Document The Facts For Later

Feel free to be your own detective if you have not yet met with a personal injury lawyer.

Ask for the other driver’s name, address, telephone number, and insurance information. If there are other witnesses to the collision, ask for the same. Take pictures with your cell phone of the accident scene and the driver’s license, if provided.

It is perfectly normal and expected for you to provide your insurance information to the other driver, even if they were at-fault. We highly recommend to clients not to make statements to the other driver’s insurance company. They’re frequently very motivated to assign blame to someone other than their own insured.

Don’t be limited in pictures of property damage of the vehicles. If it’s safe and prudent to do so, take copious amounts of pictures of you and your passenger’s injuries. This includes bruising that may later develop.

By being your own detective, the insurance company for the other driver may not be so quick to turn a blind eye to the blame of their insured. Documenting (if safe and not obstructive) while still at the scene to show the location of the impact, road conditions, and the condition of the vehicles may be critical bits of evidence later that a personal injury attorney can later utilize.

A good law firm will use this evidence to help develop your case into the best it can be under the facts. If you don’t have any of this evidence don’t worry. In most cases a client doesn’t provide this information during initial intake. That said, the more information provided the better.

Seek Medical Treatment

In line with the need to call 911, if necessary, is the simple fact that you need to seek medical treatment if you are hurt in the collision or later develop conditions that didn’t exist the day of the accident.

It is critical that you go to every appointment scheduled with a health provider and do everything that they tell you to do. Top in the playbook of every insurance company is to highlight any and all delays or gaps in treatment and try to use that information to diminish the value of your claim.

This is even true if you don’t have health insurance at the time of the collision. It is highly important that if you don’t have health insurance that you waste no time in getting it. In addition to being legally required at the time of this writing, health insurance may cover tens of thousands (if not millions) of dollars in treatments.

Even if you have the most amazing case, not having health insurance means that the proceeds of any later settlement or trial goes to pay the providers when it could have gone to your pain and suffering that you had to endure as a result of the injuries.

As a slight caveat, under some circumstances the insurance company for the other driver may reduce any settlement offer by the amount paid by insurance. However, this depends on the state and an entirely different analysis. You’ll need to consult with a car accident lawyer in your state to determine if this applies.

Avoid Waiting Until The Last Minute To Seek Necessary Medical Treatment Or Blowing Off Your Appointments If They Are Recommended By A Treating Healthcare Professional

Whether it’s the day after the accident and you were discharged from the Emergency Room or it’s month three of physical therapy or chiropractic care, you need to keep your appointments. We cannot stress this enough.

Car insurance companies for the other driver will even go so far as to unjustly say that you’re faking your injuries. They may resort to this accusation if you stop going to your appointments or blow off treatment all-together before it has run it’s course. Frequently, soft tissue injuries can “flare up” if maintenance treatments do not continue until their natural conclusion.

Once upon a time, it was a socially-acceptable attribute for people to be “tough” and “suck it up” despite pain. That doesn’t appear to be a common thread in today’s negotiations with insurance companies, especially when it comes to auto-injury cases. If you feel a certain way, pursue treatment. We recommend to clients to keep a daily pain and inconvenience journal, so we can see how they are progressing in their treatment.

Lawsuit Time: “Let’s Get It On!”

While this article was limited to what a victim of car accident can do to improve their case prior to their first legal consultation, I would be remiss if I did not include one final bit of information: choose an attorney that isn’t afraid of going to trial. If you don’t get the settlement offer that you are looking for (and is reasonable given prior settlements or verdicts), a knowledgeable Virginia car accident attorney would have no qualms about filing a lawsuit and making a request for appropriate damages to the judge or jury.

If, after negotiation with the insurance company and discussion with my client, we don’t get a settlement offer that is reasonable, then it may be time to file a lawsuit.

Occasionally, it may be advisable to cut the claims representatives out all together and file the lawsuit against the person that hurt you.

If the other driver’s insurance company doesn’t place the right value on your case, a jury of your peers may see that you internalized your pain, choosing not to be a burden on your family and friends, and assess damages a more reasonable way.

Posted in Law

Some Laws To Protect Your Automobile

People tend to face numerous issues with respect to their automobiles. Some of the most common problems that people face are:

  • Buying a defective car and getting refused a refund, fixing and replacement by the manufacturer.
  • After completing a final loan contract, you are asked to sign a new contract with higher down payment.
  • You are trapped with deceptive advertisements and you have been sold a more expensive car.
  • Dealer conceals optional add-ons and undervalues the trade-in during fixing of the deals.
  • Your car is repossessed without your consent by the creditor.

Know Your Rights

There are different laws that save the consumers from auto fraud. Here is a list of various laws and their scheme of protection.

Magnuson-Moss Warranty Act

This law is utilised when a contractor, warrantor or supplier denies complying with a service contract, written warranty or implied warranty.

State Repossession Laws

These laws state that:

  • Your car cannot be removed from a locked garage by the car repossession company without your consent.
  • You can put your car up in auction or you can pay the full money in order to buy back the car.
  • On paying repossession costs or reinstating your loan, you can get your car back in some states.
  • Your car must not be sold below market value.
  • You should be informed whether the creditor will put the car up for auction or not.

State Lemon Laws

Those cars are dealt by lemon laws that have been repaired many times for the same defect. Different states have different lemon laws.

  • Your car should be replaced or refunded by the manufacturer for a substantial defect after four tries.
  • Your car should be refunded or replaced for a safety defect after two tries.

Truth in Lending Act (TILA)

According to TILA, interest rates and other information regarding the loan should be disclosed by the lenders before processing a loan. You can get the best auto financing rate with the help of TILA.

Unfair, Deceptive, or Abusive Acts or Practices (UDAP)

You are protected by UDAP from deceptive, unfair and false acts including the false advertisements.

Contacting an Attorney

You should know about the following, if you want to contact an attorney.

Repair Record

Keep record of the timing of the car when it is out for service and keep track of the repair attempts. Every time you repair the car, do not forget to submit a dated and written list of problems to your dealer.

Notice Required

Before entitling to a replacement or refund, you must go through the notice requirement of your state.

Your Refund or Replacement

Ask the manufacturer for a replacement or refund only after confirming that your car is qualified as a lemon. You may have to go through arbitration if a valid arbitration program is incorporated into your written warranty, in order to get your replacement or refund.

Posted in Law

Thinking Like a Lawyer is the Key to Success in Law

They say if you want to be a successful lawyer you have to change the way you think. Now some people already think like lawyers so it makes sense they will make good attorneys. However, if you don’t think like a lawyer it’s important you start thinking like one. Indeed, one of the first things you need to do, is to understand that your time is worth money and you must bill for every single phone call, every letter you write, every e-mail you create, and try to turn even your social gatherings and meetings into potential marketing opportunities.

Now for most people, this would seem disingenuous, but if you want to be a standout attorney you need to change the way you think and to be more like the others that are in this field. The top attorneys are very careful to bill for every single second of every single day (some double and triple bill or so we are told, without any admission of guilt from any legal eagles). And they are very careful to call clients back right away and schedule a time to talk to them on the phone for as long as possible so they can bill them.

This is one of the keys to making lots of money if you’re in the legal profession. Another thing a lawyer needs to do is stop thinking about what is right and wrong, and start thinking about loopholes in the law and ways to get around the law for your clients. People that hire attorneys do so, so they can avoid the laws, manipulate the laws, or get around them.

This means that successful person in the law profession will need to constantly be thinking as they are listening to their clients and asking them questions and keeping the conversation going so they can bill for more hours. Please consider all this.

Posted in Law