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Bringing You the Latest in Personal Injury & Injury Claim Information
Archive for March, 2009
Wednesday, March 11th, 2009
Getting injured and missing work could cost you thousands of dollars if your employer does not have worker’s compensation or you fail to qualify. There are plenty of lawyer and attorneys who would be happy to help you get what you deserve, but you should understand the basics of worker’s compensation before you go looking for funds. The primary goal of worker’s compensation is to get you back on your feet and back to work. Worker’s compensation will pay for your therapy and medical expenses to a certain extent, as long as they are necessary to get you back to work.
In addition to helping you get back to work, workers compensation will pay you your basic wage while you are out for up to six months in most cases. Now, you will not be able to claim any over time or shift differential income during this time, so if you usually receive that, be ready to live a little cheaper for a few months. If you are going to be out for a long period of time or permanently, you may be entitled to a large, lump sum payment. You should absolutely speak with an attorney if you are at risk for missing a large amount of time, because they will be able to get you all the compensation you deserve.
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Wednesday, March 11th, 2009
Trademarks promote brand awareness and can assure a customer of a product’s quality or freshness. Only certain trademarks can be identified throughout the entire world. Whether you show a Chinese citizen or an American citizen the Olympic rings won’t make any difference; they both understand what they mean. Some businesses have been able to make unbelievably popular trademarks. Two of the most popular business trademarks ever are the Coca-Cola symbol, which is the cursive, red words that say Coca-Cola, and the golden arches of McDonald’s. These two companies have leveraged their trademark and now have extremely profitable global markets.
Other strong global companies are Nike (the swoosh) and Google, which is just the word Google. If your company is looking to go global, you have to have an easily recognizable trademark. Getting a trademark or copyright can be time consuming, but it is clearly worthwhile. The most popular trademark of all time cannot really be determined since we would have to essentially test the whole world. However, some people have speculated that one of the main religions symbols would most likely be the most popular, for example, the Christian cross.
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Wednesday, March 11th, 2009
Many companies create trademarks, which are unique symbols or markings that identify a company. In order to get a trademark though, it is not that simple. Usually, a person or company should expect a minimum of 12-18 months to register a trademark. There are multiple steps and processes you symbol needs to go through before being approved. The first step is to file a trademark with the United States Patent and Trademark Office. It takes on average four months for your trademark to even be looked at by U.S. trademark lawyer. Since it takes so long before they even look at it, it is important you consider hiring a trademark lawyer of your own to help you in the process.
After the U.S. trademark lawyer reviews it, they will either accept and grant you your trademark, or they will send you a letter explaining why it was denied. An experienced trademark attorney can help you get through the first time, so you do not have to resubmit your application and wait another 4 months for the U.S. Patent and Trademark Office to review it. Next, there is an opportunity for public opposition. Assuming no one in the public has a problem, you then have six months to use your trademark or else you will lose your exclusive privileges.
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Wednesday, March 11th, 2009
Hiring a personal injury lawyer is the first step towards receiving compensation. Many people worry if their case will merit an award, and they do not want to pay a lawyer to look at it. This should not be a reason for anyone not to seek legal help! Most personal injury attorneys work on a contingency fee basis, which means they will only make money if you make money. This is why you should not hesitate at all when it comes to seeking the expert help of a personal injury lawyer.
A personal injury lawyer’s contingency fee is usually between 33%-45%, which seems a little steep since you wee the one injured, but at least you will only have to pay if you are taking home a fee. Besides, you would have no chance of winning a fee if you didn’t hire a lawyer. A contingency fee helps victims who would not otherwise be able to afford legal help also, since they will pay nothing unless they take home a settlement. Your case is unique, and you should definitely take the time to get it evaluated by a personal injury lawyer.
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Wednesday, March 11th, 2009
If you wish to make a lot of money as a personal injury lawyer, it is a necessity that you attend a top law school. Law school rankings can be a little biased, favoring certain regions and demographics more highly. From rankings you can get a general feel for where you school is though, for example if your school is ranked number 12, you could assume your school is number 12, plus or minus 5. Rankings also give potential personal injury lawyers a feel for where they would fit in with there test scores and GPA. Regardless, if you want job security and the potential to make a lot of money, you need to shoot for a top twenty school.
Obviously lawyers who come from lower ranked schools can be very successful, but it seems that there is a sort of safety net or alumni network that makes graduates from top schools more successful in general. The top law school according to multiple sources is Yale, with Harvard and Stanford a close two and three. Each year the rankings change quite bit, however, schools that are in the top twenty one year usually are in the top twenty again the next year, but there is quite a bit of shuffling in the middle. Rankings shouldn’t be the only factor in your decision on which law school to attend, but it should be a factor.
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Wednesday, March 11th, 2009
Personal injury attorneys are experts in the law, and this would be a beneficial skill to anyone who wishes to go into politics. Perhaps the most famous personal injury attorney is John Edwards. He started as a personal injury attorney in 1984 at a law firm in North Carolina. The first case he won as a $3.7 million verdict for a brain damage victim. Edwards went on to win several more cases, making both himself and his firm millions of dollars. Interestingly, he actually sued the non-profit group American Red Cross three times, alleging they knowingly transmitted AIDS.
After a successful career as a personal injury attorney, Edwards beat out a Republican for one of the Senate seats in North Carolina. Edwards served one term in the Senate. While he was in the senate, he was a vice-presidential nominee for Al Gore. Also, in 2008, he had a brief stint where he was considering running for president. That quickly ended when he admitted he had an extramarital affair. Although Edwards he a relatively short political career, his knowledge as a personal injury attorney clearly helped him during his tenure in the Senate.
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Wednesday, March 11th, 2009
Personal injury attorneys are very competitive. Every year, a ranking comes out that lists the firms who have made the most money based on jury verdicts in America. Most of the law firms on the list have very little in common. In fact, of the top five, known specialize in the same thing. There is one personal injury firm that specializes in medical malpractice, an environmental firm, a commercial litigation firm, a small firm that started as an insurance defense firm but now does a variety of things, and a firm that won part of the tobacco case.
Personal injury attorneys and firms have up and down years. Some years they may win a large settlement, i.e. $40 million plus, while other years they may make substantially less and only close a few cases. The list of top firms based on earnings varies every year because of this. Each of the top law firms had settled a massive case this past year that shot them straight to the top. One firm simply won only one case that had to do with an oil spill. The settlement was $1 billion! Personal injury firms experience times when there is more money then they know what to do with, and also times when there are very few cases to go around.
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Wednesday, March 11th, 2009
Personal Injury law has its roots in the fourteenth century, when people were just beginning to get monetary awards for damages done, but it didn’t come to full fruition until railroad construction took off in the 19th century. As workers spent long hours in dangerous situations, they began to develop chronic pain and other back problems. Now, many jobs were physically damaging, such as coal miners, factory workers, etc., but railroad workers were one of the first groups to receive personal injury compensation.
This compensation was not great, but it got the ball rolling, setting the stage for more and more groups of workers to get the compensation they deserve. Some law firms today have roots fighting for railroad workers back in the 19th century. The railroad workers also laid the foundation for personal injury law to be developed based on previous injuries and health conditions. For instance, before they would start working, they had to list any medical ailments they had prior to work so the employer would be help liable for injuries it did not produce.
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Wednesday, March 11th, 2009
If you are looking to file a personal injury case, you need to know what the statute of limitations is and what it means to you. The statute of limitations provides a timeline for filing any personal injury cases. It essentially makes it so that someone could not sue someone else for personal injury whenever the feel like it. It puts an exact deadline on when to file a case. Each state has its own statute of limitations, and each one is slightly different. Every year people lose money because they wait too long to file their case, and there is nothing they can do about it at that point.
For the most part, personal injury cases have a two-year limitation. There are some exceptions however. For instance, in Florida you have four years to file a personal injury case. Another exception is Maine and North Dakota, where you have six years to file! Every state gives you at least two years to file, except for Tennessee, Kentucky, and Louisiana, where you only have one year to file. An exception to all the rules is libel or slander, and for the most part, states take whatever their personal injury limitation is, and cut it in half. For example, Georgia has two years for personal injury, and one year for libel or slander.
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Wednesday, March 11th, 2009
The difference between winning a large settlement and losing out on all of your compensation often comes from an expert medical witness. A medical witness is a person who provides a medical opinion for litigation. Usually a law firm hires a company or doctor who routinely provides expert opinions about medical cases. This ethicality of this could be questioned since a malpractice attorney could simply hire whoever he or she feels will give their client the best chance of winning, not necessarily someone who will provide a fair and honest opinion.
When a legal firm hires a medical witness, they cannot simply hire any doctor though. The expert witness needs to be a licensed doctor of the state, and have thorough knowledge of the type of medical procedure at hand. Also, if a law firm pays a medical expert on a contingency fee, which means the doctor will only get paid if the law firm wins, it is a misdemeanor. Despite the initial fear that these medical opinions would hurt medical professionals, it looks like there is enough regulation in place to keep a medical expert honest.
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