Employment Tribunals And The Claims Process

If you are looking to make an employment claim or to defend one, where should you issue your claim? Almost all cases should be started in the Employment Tribunal, usually with one exception explored in the next paragraph.

Claim Limits

A claim for wrongful dismissal is limited to only £25,000 when often a contractual claim can be for a much larger sum than this. Therefore, if you have a claim for wrongful dismissal or any other contractual claim you are likely to want to issue this in the County Court where your claim is not limited to this amount.

The Employment Tribunal

An Employment Tribunal is an independent judicial body that is used exclusively for employment law claims and consists of two non legally qualified members (from business) and a legally qualified chairman.

The types of claims that can be pursued in an Employment Tribunal include the following:

• Redundancy Claims
• Unfair Dismissal Claims
• Discrimination (including sexual discrimination, race discrimination and age discrimination)
• National Minimum Wage Claims

The person making that starts the claim is known as the "Claimant", the person defending it as the "Respondent".

Time Limits For Employment Tribunal Actions

There are some time limits that usually must be followed in an Employment Tribunal claim. In all cases the time limits can vary from case to case so you should seek legal advice about your specific situation.

Usually you need to have been in employment for one year before you can take a claim to the Employment Tribunal. In addition, generally, you must provide your employer with 28 days notice before you start your proceedings. However, for Unfair Dismissal claims you must make the claim within three months of your dismissal.

Payment of Your Salary Whilst You Make Your Claim

In some cases you may be able to make a claim to have your salary paid to you whilst you are pursuing your claim through the Employment Tribunal. You must be pursuing a certain type of claim to be able to make this application, and if you qualify you must make the application for interim relief within 7 days of the date of your dismissal.

The types of claims which qualify include:

For Trade Union related activities Whistleblowing Taking someone with you to a disciplinary or grievance hearing Dismissal for carrying out Health and Safety related activities when it is your role to do so Acting as a workers representative

What Happens Next?

Once a claim has been issued in the Tribunal, ACAS (the Advisory Conciliation and Arbitration Service) will attempt to make contact with both parties to see if there is any opportunity of settling the claim without the need for a hearing.

If settlement cannot be reached, the claim will proceed through various mini hearings to determine what evidence should be served, and the time limits to be adhered to, before a final hearing takes place in front of the Employment Tribunal.

Final Hearing

At the final hearing the three members of the Employment Tribunal will listen to and review the evidence from the Claimant and the Respondent along with any witnesses.

When all of the evidence has been heard, they will make their decision which can include:

• No compensation (eg no good claim)
• Reinstatement of an employee
• Compensation to the employee

Summary

This is only an outline of the summary as it varies depending on the type of your claim.

Dog Bite Prevention: Protecting People from Horrible Accidents

Many people want to keep dogs as pets as they are often considered as man's best friend. However, there are instances when a dog becomes fierce and attacks or bites people. In fact, more or less 4.7 million people are bitten by dogs every year.

Why Do Dogs Bite?

There are various explanations why the number of dog bites is relatively high. Some of the most common reasons why dogs bite are listed below:

• The number of dogs kept as pets now reach more than 62 million. Some speculate that Americans favor fiercer breeds as they are scared of crimes.

• Owners of dogs are often too busy to take care of their pet dogs. They usually leave them alone at home, untrained. Those dogs that spend most of their time alone, especially those that are tied up or caged, are more likely to bite people as they are not used to being around with strangers or have not received training on basic obedience. Preventing Dog Bite Accidents

Dogs can be tamed and trained. For this reason, dog bite accidents may often be prevented, if safety measures are properly taken. There are certain strategies that may be used to prevent such horrible incidents, not only for the owners of dogs, but as well as for the public for the sake of protecting everyone from being harmed or injured.

Some of these strategies include, but are not limited to, the following:

• Dog owners should be educated about how to take care of their pet dogs to prevent accidents.

• Owners of pet dogs should properly select, treat, train, socialize, and take care of their dogs to lessen the chances of owning a dog that might eventually attack and bite people.

• Prevention and educational efforts ought to be directed to parents and their children so they can be aware of how to avoid being involved in a dog bite accident.

• Veterinarians and pediatricians should also take part in preventing such incidents by addressing certain strategies for prevention and the necessity of proper child supervision.

• Information regarding dog-bite accident prevention must be properly disseminated.

• There should be school-based educational programs regarding dog bite prevention and canine behavior.

• There should also be some educational programs concerning responsible dog selection, ownership, and training.

• Programs about animal control should be well supported in your area.

• Laws for regulating and controlling vicious, dangerous, and wild dogs should be vigorously implemented and promulgated.

• Improved surveillance for dog bites are needed for the evaluation of the prevention efforts, making bite reporting a must.

• As required by local or state ordinances, incidents of dog bite accidents must be reported.

• In an event where a dog bite accident occurs, reports about such incidents should include certain information concerning the conditions of the dog that attacked, such as the following:

1. Breed

2. Ownership

3. Age

4. Sex

5. History of the dog's prior aggression

6. Spay / Neuter status

7. Nature of restraint prior to the dog bite accident

Los Angeles Dog Bite Accident Attorneys

If you have been a victim of a dog bite and you suffered injuries as a result, one of the important things you need to do is to consult with competent dog bite accident attorneys in Los Angeles to help you in getting compensation for the damages you have sustained.

Preventing Racial Discrimination with Help from Attorneys

Los Angeles, being the largest city in California and second largest city in the whole United States, is home to a large number of people with various cultures, and beliefs, among others.

These people often interact or communicate with each other because they all live in the same place. However, there are instances wherein problems arise due to the constant communication and interaction of different people. One of the problems that arise because of this is the occurrence of racial discrimination.

This kind of discrimination takes place a person’s facial characteristic like certain facial features, and hair, eye, or skin color, are discriminated by other people.

The workplace is one of the typical places wherein various people who have the same goal, which is the success of their company, work together and often interact with each other. Due to the continuous merging of people who are inside the same workplace, it is not unusual that racial discrimination may occur.

Workers who were discriminated inside their workers are entitled to fight for their rights against the person or party at fault. The chances that this will be achieved will be greater with the help of skilled Los Angeles attorneys.

Preventing racial Discrimination

In order to stop racial discrimination, along with other kinds of discrimination from happening inside a workplace, Title VII of the Civil Right Act of 1964 was enacted and implemented. This Act is applicable to all employers who have 15 or more workers, which include both state and local governments.

This Act is also applicable to employment agencies, the federal government, and labor organizations. Employers are prohibited by this law to deny equal employment opportunity to a person based on his/her supposed racial group or actual racial group, certain characteristics that are connected to his/her race, and association with someone of a specific color or race.

Filing a Racial Discrimination Charge

If a worker or employee feels that he is being discriminated due to his/her race, he/she is entitled by law to file a racial discrimination charge with the Equal Employment Opportunity Commission (EEOC). This is the agency that is in charge of handling all kinds of employment discrimination chargers that are filed by workers.

An organization, agency, or any individual is also entitled by law to file a racial discrimination charge on behalf of another individual so that the identity of the latter will be protected.

Statistics

Around 33, 937 racial discrimination charges were received by EEOC in fiscal year 2008 alone. Out of the total number of cases that were filed, around 28, 321 were resolved by the agency in the same year and around $ 79.3 million in the form of monetary benefits were recovered for parties who filed the charge as well as other aggrieved persons (monetary benefits that are acquired in litigation are not included here).

Information Needed

Information that should be given by the person filing a charge includes:

• address, name, and the contact number of the employment agency, resident employer of union that is alleged to have committed discrimination

• the time wherein the discrimination was committed

• address name, contact number, and the name of the person who is filing the charge

Filing a racial discrimination charge is a difficult task so legal help Los Angeles attorneys who are experts in the area should be sought.

Medicaid planning and the look-back period

While the subject may be difficult to think about, it remains a fact that most people will spend some portion of their lifetimes in an assisted care facility. The possibility also exists that individuals may run up large medical bills both before and during placement in such a facility. It is therefore important to be prepared for these events by consulting with an estate planning and elder law attorney about proper Medicaid planning.

Since Medicaid is a joint State-Federal program, eligibility rules determining who qualifies for Medicaid vary from state to state. To qualify for Medicaid in New York, individuals must be eligible for Supplementary Security Income (SSI) and meet income and age restrictions. New York also has a Medicaid Surplus Income Program. Under this program individuals who have incomes that are too high can qualify for Medicaid if they spend down their excess income on medical bills.

In 2005, Congress passed the Deficit Reduction Act. This Act made several changes to Medicaid law, the most notable of which were the changes to the Medicaid Transfer of Asset rules. The new law, which took effect on February 8, 2006, created a five-year look-back period and established a waiting, or penalty, period for individuals in institutional care who would otherwise be able to receive Medicaid.

Transferring money and property to trusts or other family members in order reduce individual assets and qualify for Medicaid has long been an estate planning practice. Under the new rules this type of Medicaid planning is still possible, but due to the longer look-back period and increased penalty, it must be done farther in advance of the time one wishes to be able to qualify for Medicaid.

The difference between the look-back period and the penalty period is one of cause and effect. The look-back period is the amount of time after an individual receives or applies for Medicaid-covered services during which Medicaid reviews finances. The penalty period is the amount of time you must wait to receive Medicaid after which you would otherwise have been qualified. For example, if you gave a child $50,000 two years ago, that amount would be used to calculate your penalty period.

Penalty periods are determined on a community by community rather than a state by state basis. The penalty period is calculated by dividing the value of the transferred asset by the average cost of nursing facility services. In New York City the average cost of nursing facility services for 2009 is estimated to be $9,838 per month. To return to our $50,000 transfer example, the penalty period in New York would be 50,000 divided by 9,838, or approximately 5.1 months. On Long Island, the average cost of care is set at $10,852. In Westchester, Orange, Putnam and Rockland, it is $9,439.

Medicaid planning is an effective way to keep your assets in the possession of your family and prevent them from being spent on costly medical care. Good Medicaid planning also ensures your medical expenses will be covered when the time comes. Your estate planning lawyer can advise you on the best way to handle your Medicaid planning.

Acquiring Justice through Premise Liability Claims

The occurrence of different accidents in places that should be properly maintained is unavoidable especially if property owners failed to do their duty in keeping their property safe. In Los Angeles alone, there are a number of people who sustained injuries due to the dangerous property condition of others. Whenever this situation takes place, the issue of premise liability claims arises.

Premise liability is concerned with the liability of property owners over the injuries sustained by a person while in their premises. They will be held liable in the event that the incident occurred because they were not able to properly maintain the good condition of their property.

In the context of premise liability, a person possesses premises or a land if:

• The person is occupying the land with the intention of controlling it;

• The person is occupying the land with the intention of controlling it, if no other individual has subsequently occupied it with the intention of controlling it; or

• The person is entitled to or has the right of immediately occupying the land, if not other individual is in possession of it.

People or entities that may be viewed as liable in a premise liability claim include landlords, homeowners, property owners, business establishments, and managers, among others.

A Plaintiff’s Status

In a premise liability case, it is important that the status of the plaintiff is determined. This status may be a licensee, invitee, or a trespasser. The duty of the defendant over the plaintiff may vary based on the status of the latter.

Licensee This is an individual who is invited to remain or enter the premises for any reason other than a commercial or a business one with implied or expressed permission of the land owner or the person who is in control of the property. Social guests are viewed to be licensees, not invitees.

Invitee This is an individual who is invited to remain or enter the premises for a direct or direct purpose that is related with the property possessor’s business dealings or for a commercial benefit to the possessor. This invitation may either be implied or expressed.

Trespasser A trespasser is known as an individual who goes upon or enters another’s premises without an implied or expressed invitation, for his/her own reason, and not in performance of any kind of duty to the property owner. Typically, it is not obligatory for a defendant to prove that a trespasser has an unlawful purpose in entering the property.

Typically, property possessors do not have the responsibility of warning trespassers regarding dangers or make their property safe for the benefit of trespassers if they are not conscious of the presence of these people. Meanwhile, a property owner may be responsible of exercising ordinary care for a trespasser if he/she is conscious of the latter’s presence.

Importance of Hiring Los Angeles Attorneys Legalities surrounding premise liability claims are complex and require the special handling of skilled Los Angeles attorneys. People who sustained injuries due to the dangerous property condition of another individual should seek help from these legal professionals so that their rights will be upheld and properly protected.

Hassles of Personal Injury Settlement

Negligence can result to catastrophic accidents that can leave victims injured or dead, and some properties destroyed or damaged.

As a course of action, most accident victims pursue claims for the injuries and damages incurred from an accident. The negligent party would have to pay the damages to the victim which is supposed to alleviate their suffering.

Usually, people involved in litigations similar to this would agree to have settlements so that they would not be involved in lengthy proceedings that could take up much of their time and resources. Having settlements is a good idea but some take advantage of it and give lower payments to the victims.

So, it is wise for victims to hire lawyers who can draft these arrangements so that it would be fair enough for both parties and be negotiated accordingly. Victims are not advised to sign any documents from the other party without the approval of these Personal Injury Settlement Attorneys who are trained in handling these cases.

These lawyers will look after their client’s good welfare and effectively negotiate terms and condition of the settlement with the other party and his lawyer. This would ensure that the victim will be properly compensated even without going through court proceedings.

Damages from Personal Injury Cases

Accidents caused by one’s negligence may result to several damages. .In order to avoid them, it is best to understand each type of damage and know the possible outcome of accidents. in this way, we will know what is at stake each time we neglect our duty to maintain safety.

• Property Damage. In accidents such as car crashes or collisions, the victim often has to deal with his injuries as well as problems that could arise from it and his damaged property. The negligent party must provide replacement or pay for the repair of any property damaged by the accident.

• Paralysis. Spinal cord injuries from various accidents like fall and serious car accidents are likely to cause paralysis. The victim’s and his family’s lives would be greatly affected by this condition as he would loss control of his movements and body functions. Patients would need to be under constant supervision and guidance. He would not also be able to work and earn for his necessities.

• Head and Brain Injury. These are injuries sustained by the victim in an impact that would cause his head to hit or be hit with something hard. Some brain injuries would have permanent effects like mood swings, inability to think rationally, and possible memory loss.

• Broken Bones. Most bone damage and breakage can be repaired but still, the victim would experience tremendous pain from the procedure. There are cases when bones are badly crushed and could no longer be put back the way it was. Doctors would be forced to amputate it in efforts to save the victim’s life.

The amputation will cause the person to be somehow disabled and would have limited activities that he would be able to perform effectively. This condition of amputated limbs can burden the family with much pain and trouble.

The above are some of the general possible results from an accident. Death is also a strong possibility in these cases but the family of the victim must be assured that they are entitled to be compensated even if the victim has died.

Out-of-court settlements are supposed to give relief and lessen the stress of both parties. But, some take advantage of the victim if he has no legal representation who should know the rightful amount he can receive.

This is the very reason why Personal Injury Settlement Attorneys’ company is needed in document signing. They can also be the one to make drafts for the claims or negotiate with the other party as they are fully capable of handling litigations similar to this.

Process of Social Security Disability Hearing

People suffering from a disability who want to acquire Social Security disability benefits are required to first apply for it. However, there are times when some applications are denied due to various reasons. People who want to pursue their application are entitled by law to have an appeal. There are four levels of appeal that a person is entitled to have. One of these levels is known as Social Security disability hearing.

This said hearing is known as the second level of appeal that a disabled person can pursue. The first level, which is done before the hearing, is known as reconsideration. Meanwhile, the hearing is followed by the review of the Appeals Council and the Federal Court review.

Overview of Social Security Disability Hearing A Social Security disability hearing may materialize or occur in the event that a person who filed a reconsideration appeal is still not satisfied or disagrees with its outcome.

An administrative law judge, who has no part in the original decision, will be the one in charge or responsible in conducting the hearing. After the hearing is conducted, a decision will be made using all of the facts presented in the applicant’s case. A letter as well as a copy of the decision made by the judge will be sent to the applicant.

Location This hearing typically occurs within 75 miles form the residence of the applicant. The applicant will be informed by the judge regarding the place and time of the hearing at least 20 days before it is scheduled to begin. Meanwhile there are certain reasons that may cause the hearing to be conducted through a video conference.

Attendance It will be good on the part of the applicant if he/she will attend a scheduled hearing. If he/she does not want or cannot attend the scheduled hearing, he/she should give proper notification the rightful people as soon as possible.

The administrative law judge may make a decision whether the applicant’s presence will be an advantage, especially if he/she can give explanation to certain facts and information.

Frequently Asked Questions Concerning Social Security Disability Hearing

Here are some of the questions that are usually asked in connection with the hearing:

Q: Who else will be inside the room when the hearing takes place? A: Aside from the applicant, other people who will be inside the room include the administrative law judge, the applicant’s legal representative, administrative law judge, and witnesses that will be invited to attend the hearing. Vocational or medical experts may also be brought in by the judge if he/she needs to acquire all the information needed to come up with a decision.

Q: How long will be the hearing take place? A: It will be different, depending on the complexity of the claim and the number of witnesses.

Q: Can an applicant bring in his/her spouse or other family members to the hearing? A: Yes. An applicant may bring his/her spouse or other family members in the hearing. In addition, anyone who may assist in validating the claim of the applicant may also be brought in the hearing.

Seeking for Legal Help If your application for Social Security disability benefits was denied and you are not happy with the outcome of your reconsideration appeal, there are skilled Social Security disability hearing lawyers who can give you the proper assistance needed. The expertise of these professionals will greatly help you acquire favorable results from the hearing.

Personal Injury Law Attorney - How Soon Should I See a Lawyer After a Personal Injury Or Accident?

You should see a personal injury law attorney AS SOON AS POSSIBLE after you've been hurt or injured in an accident. Better safe than sorry. Too many clients with legitimate claims sadly discover their claim is ruined because accident victims have waited too long to consult with a lawyer. By the time some clients get around to visit a personal injury law attorney for their free consultation, the limitation period to make a claim may have expired, important forms have not been filled out correctly, or a proper treatment/action plan has not been set up such that the personal injury claim is destined to fail. This is not good. You should take advantage of your personal injury law attorney's offer for a free no risk consultation so that your claim is not ruined.

In Ontario, you generally have two years from the date which you knew or ought to have known you have a cause of action to advance your claim. This limitation period generally commences from the date of the injury, accident/loss. Some claims have different limitation periods. The limitation period in dealing with minors begins to run as soon as that person reaches the age of majority. In cases against a municipality, you have to give written notice of your claim within 10 days of the date of loss. Different limitation periods and different facts make it very important to consult with a personal injury law attorney as soon as possible.

If you're not able to leave your home or the hospital because of the severity of your injuries, any personal injury law attorney worth his merit will gladly visit you at your home or at the hospital to meet with you and your family to discuss your personal injury claim in order to protect and preserve your rights.

Your personal injury lawyer likely knows what steps need to be taken in order to put you and your family in the best possible position to succeed and cope following the traumatic injury and loss of an accident. Not consulting with a lawyer immediately after the accident is sitting on your legal rights and allowing the wrongdoer to get away with his/her bad actions which may have caused your loss/injury.

A personal injury law attorney can only help you if you following the law. The longer you wait the more difficult it becomes to prepare a strong case - and a strong case is extremely important for YOU. So don't let time go by after you have been injured. And remember the law is on your side and a good personal injury law attorney can make it easy and painless to collect a fair sum of money that is rightfully yours.

Causes and Prevention of Spinal Cord Injuries in Los Angeles

Tragic accidents can lead to paralysis. In most cases, paralyses are caused by accidents that have resulted from a person’s negligence. Victims are often left with a forever reminder of the accident and would not be able to care for themselves again.

In a busy region like Los Angeles, accidents are almost inevitable. There are business establishments and huge highways and freeways that provide convenience to both locals and tourists in the area.

But, there instances when these very same settings could be the place where someone has incurred a terrible injury from an accident. There are those who are involved in vehicle accidents and some are just victims of fallen debris.

Victims or their legal beneficiaries can hire Los Angeles Spinal Cord Injury Attorneys who would be able to provide them with the best assistance and/or negotiate with the other party.

Spinal Cord Injuries

Our spinal cord does one of the most important bodily functions; it sends out brain signals to and from our organs so that it could act accordingly. So, even the slightest damage to this can impair one’s ability to function.

According to a study, there are about 10,000 Americans who sustain spinal cord injuries each year and most of them cannot recover from it. Because of this, there are about 450,000 people in the nation who are permanently paralyzed from these injuries.

Another thing that people must understand is that not only diseases can cause the loss of one’s bodily functions. Most of these disabilities are incurred from accident like fall and vehicular accidents.

Causes of Spinal Cord Injuries

Here are some of accidents caused by other’s negligence that could result to a person’s lifetime disability.

• Fall Accidents. We often slip and trip because of path obstructions. Most of these fall accidents are not serious as we would simply get up and walk away as if nothing has happened. But, there are those who incur serious physical injury from these falls. There are even those who break their bones or damage their spinal cord.

• Vehicular Accidents. Most of car crashes and collisions result to a person’s disability. Because of the impact, a person can damage his spinal cord or even dislocate or crush some of his bones.

• Defective Products. Any products that have malfunctioned and have caused the accident of a person which has resulted to paralysis will be liable for the damages. The victim’s family can sue either or all parties involved in production and distribution of the said product.

Preventive Measures

Here are some of the things that we can do to avoid accidents that would impair them for the rest of their lives:

• Be cautious in driving. You must always observe safety measures in driving such as maintaining your speed and safe distance from other vehicles.

• Watch your step. We should all be wary of the floorings we are walking on to avoid slip, trip, and fall accidents. We should also avoid any obstructions or uneven and slippery floorings.

• Avoid walking by construction sites. In a construction site, not only workers are in danger. Pedestrians can also be victims of fallen debris.

After any accident the victim must refrain from making sudden movements that could worsen his condition. It is important to ask for help from bystanders and an immediate medical attention.

Establishing and Maintaining a Corporation with LA County Attorney’s Help

Corporate law covers all issues that pertain to the regulation and formation of corporations. These corporations are recognized as a separate entity that possess its own liabilities, privileges, are rights that are not the same from those of its members. Various corporations are found all over LA County, along with other areas in California, which possess different rights and privileges including the following:

• Right in hiring people

• Right in undergoing agreements that are contractual with other parties

• Right in holding assets which are not from its members

• The capability in filing a lawsuit

• Right in both adopting and drafting by-laws that will serve as a guide for all eternal affairs

However, establishing or forming a corporation may not be easy due to the complex issues that surround it. People who want to form this kind of business structure should acquire the help of corporate law attorneys so that they will have proper help in every step that needs to be done.

Steps in Creating a Corporation

If ever you decided to for or create your own corporation, there are steps that you need to do in order for you to achieve your goal. These steps are:

1. choosing a business that that is not yet used by other corporations and also conforms to your state’s corporation rules

2. designating the people who will become the first corporation leaders

3. filing a formal paper and paying a fee which will depend in the state wherein you decided to form the corporation

4. making or creating your very own by-laws in wherein your corporation’s operating rules are noted

5. giving stock certificates to the first owners of the corporation

6. getting any permits or licenses that you are required to have in running the business

Advantages and Disadvantages of Creating and Having a Corporation

A corporation, just like other business structures, has its own advantages and disadvantages. This means that those who are involved in it can enjoy the perks it offers but also face problems while handling it.

Advantages

• Employer/Owner- People who both own at the same time work in it are entitled for reimbursement or deduction on their specific expenses including life and health insurance, among others.

• Continuous existence- A corporation will continue to exist until the time its shareholders opted to close it or merge it with another business.

• Operational structure- A corporation has its own management structure.

• Tempting investment-A corporation’s structure makes it tempting to different investors.

• Limited liability- Limited liability is one of the main reasons why a corporation is chosen as a business structure. A corporation puts a limit when it comes to the liability that is given to its owners. Its shareholders have a limited liability for the corporation’s debts because the corporation itself is viewed as a separate legal entity.

Disadvantages

• Fees- In maintaining or forming a corporation, there are various fees that should be paid.

• Paper works- There are plenty of paper works needed in this kind of business structure. Some of the paper works that should be compiled include tax returns and reports, and bank records, among others.

Seeking Legal Help

If you have issues related to forming or maintaining a corporation, there are LA County attorneys who can help you. Seeking and acquiring the help of these professionals can greatly help you because they have vast knowledge of your rights, which are provided by the corporate law.

The Role Of An IP Professional

Intellectual assets are created when the thought processes of the human mind are converted into material form, either by reproducing them in writing or recording them orally or digitally. Intellectual assets which can be protected by law are termed Intellectual property (IP). Thus all forms of intellectual property are intellectual assets, but all intellectual assets are not intellectual property. Again intellectual property can be classified as ‘statutory’ intellectual property such as Patents, Trade Marks, Copyrights, Industrial Designs, Plant varieties, topographies of printed circuits, geographical Indications and ‘non statutory’ such as trade secrets, confidential information, trade dress, the equitable right to prevent ‘passing off’.

What is an IP professional?

An IP professional is a person who firstly is able to recognize intellectual assets, is able to differentiate between an intellectual asset and intellectual property, and is able to classify an identified intellectual property into its various forms. Secondly, once an intellectual property is identified, the IP professional, such as the Patent Attorney or Patent Agent or the Trademark Attorney or Trade Mark Agent is able to provide cost effective solutions to fortify the intellectual property to the fullest extent possible. Thirdly, once intellectual property rights are obtained the IP professional, typically an IP manager, optimally manages these rights by timely renewals, periodic audits, being alert about breaches, extending the rights to other countries and products or services. Fourthly, in the event of a breach of these rights which may be in the form of infringement, piracy, counterfeiting, passing off or violation of the terms of an agreement, again an IP professional, typically an IP litigator - is able to advise the intellectual property right holder on the best possible solution not only to seal the breach but also to prevent its recurrence in the future. Another class of IP professionals are involved in IP transfers. These professionals generally lawyers help in negotiating and preparing the documents needed for the assignment or license of IP rights from one person to another often from one country to another. The IP professionals are also responsible for supervising due diligence of the IPRs being transferred. Finally for identifying new technology and progress of an organization, again an IP professional such as a Patent Analyst or an IP researcher is able to conduct searches in these areas, map the search results and provide danger free unhindered routes for future growth. Therefore, IP professionals assume several roles in the furtherance of the commercial and technological progress of an organization. It will be appropriate now to examine the qualifications, skill sets, functions and responsibilities of IP professionals in each of these roles.

At one end of the scale we have the Analysts and Researchers. These professionals fall in two distinct verticals: the legal and the technical. In the legal vertical the IP analyst and researcher analyzes and researches IP case laws and precedents to identify specific issues in legal proceedings. For instance, in the field of Patents, specific legal issues relating to patentability and inventive step with respect to particular jurisdictions like the USA or Europe or India may be required to be researched or analyzed in a specific case. Again the exact interpretation of the sections of the Law in specific jurisdictions may be needed so as to be able to manufacture, export or import a product. Legal researchers are generally lawyers and part of Legal processes Outsourcing firms [LPO] On the other hand technical research and analysis involves study of patent and non patent literature to determine where an organization faces infringement, where modifications or adjustments in technology may be needed to avoid infringement. The technical researcher is generally an engineer or post graduate in the field being researched or analyzed. In both cases the analyst and researcher is also equipped with knowledge domain, knowledge of internet databases and of the tools for searching and mapping generally as part of a KPO. i.e. a knowledge process outsourcing firm.

Reasons to Hire a Social Security Lawyer

If you suffer from a disability and are considering filing for Social Security Disability benefits, there are several decisions to be made. First, and most importantly, you'll want to decide whether or not you'll retain the services of a Social Security lawyer. At first many potential applicants think that they'll be fine without using a Social Security Disability attorney since their disabilities obviously qualify them for benefits. In a few cases that might be true, but it's imperative to consider all the facts.

60% of all Social Security Disability Cases are Denied After Submitting the First Application: That means that right off the bat, you have less than a 50-50 chance of winning Social Security Disability benefits, if you're going by statistics. Some ask why so many cases are turned down.

The Social Security Administration has a tough job in deciding which claims will be approved and which will be denied. They have a very strict application process that requires forms be filled out correctly, and evidence be submitted in the right format. There are several deadlines to adhere to. Often, with all these rules, applicants make mistakes that cause their applications to be denied. Whether or not they were deserving of Social Security Disability benefits, their application was denied because they failed to adhere to the proper rules.

At first, it just doesn't seem fair. Consider, though, that the Social Security Administration must review thousands of applications for SSI or SSDI daily. Since finds are limited, they need to be careful that those applying are actually truly in need of the Social Security Disability benefits. The rigorous SSDI and SSI Disability application process and subsequent appeals processes are designed to weed out those who don't suffer from disabilities and don't really need the assistance.

Working with a Social Security Lawyer can help you Win your Case: From working on hundreds of disability cases, Social Security lawyers are well schooled in the specific processes and timelines that are required by the Social Security Administration for those applying for SSI or SSDI. They can help you fill out your application, gather the proper evidence from your doctors and adhere to all timelines set for by the SSA. They'll be able to help you plan the best way to present all your facts and evidence so that the application is clear and concisely supports your claims for Social Security Disability. In fact, your chances to win Social Security Disability are greatly increased when working with an experienced Social Security lawyer.

You can Afford to Work with a Social Security Disability Lawyer: Some people avoid contacting Social Security lawyers because they don't think they can afford their help. In reality, anyone can afford the services of a Social Security Disability attorney, since there's not out of pocket costs. SSI and SSDI attorneys only get paid once a case has been won and benefits have been awarded. Their paycheck comes from back earnings that you're awarded, and is capped at a very reasonable amount so that you're never paying for your disability attorney out of future benefits.

Deciding on consulting with a Social Security Disability lawyer is something each applicant will have to decide. When reviewing the potential that winning benefits earlier in the process and only paying fees if you are awarded benefits, the decision to hire a disability lawyer seems much clearer.

Horrifying Truths about Rollover Accidents

Los Angeles is a busy city, full of various motor vehicles traveling around the area. For this reason, accidents happen frequently, and it usually results in various injuries, ranging from mild to serious ones, or even death.

Rollover accident is one type of accident that takes place everyday in the city. It is also considered as a fatal motor vehicle accident.

A rollover accident occurs when a vehicle, usually a sports utility vehicle or SUV, turns over onto its side or roof. All types of motor vehicles is capable of rolling over. However, those automobiles that have a high center of gravity, such as pickups and SUVs, are more susceptible to be involved in such an accident.

It is of much importance for a victim to get the services of an expert lawyer after being involved in a rollover accident. A lawyer can safeguard important evidences and commence an investigation as soon as possible. Cases of rollover accidents are some of the most costly and demanding cases to deal with. Your lawyer must have enough experience in handling rollover accidents so that your case will be successful.

Facts about Rollover Accidents

Here are some facts regarding rollover accidents in 2004 from the National Highway Traffic Safety Administration or NHTSA, revealing the true deadly nature of single vehicle rollover crashes:

• 2.7% of occupants who were involved in rollover accidents were killed.

• Only .2% of the occupants were killed in crashes in which the vehicle did not roll over.

• 3% of all motor vehicles that were involved in crashes rolled over.

• 33% of all fatalities that occurred as a result of these crashes were in rollover accidents.

• The rate of occupants who suffered incapacitating injuries in rollover accidents was a considerable 11% in sports utility vehicles (SUVs), pickups, and passenger cars, and 8% in vans.

The following are some details on a report last March 2007 from the National Highway Traffic Administration (NHTSA), showing a rise in the number of rollover accidents:

• An astonishing 275,637 passenger motor vehicles were involved in rollover accidents. This is a 16% rise from 1994.

• Nearly 10,553 people were killed in 2004 in rollover accidents involving sports utility vehicles (SUVs) and other motor vehicles. This is a 17.5% increase from 2004. This stands in utter contrast to the fact that the number of victims who were killed in accidents in which the motor vehicle did not roll over was down 3.6% in the same time period.

Single Vehicle Rollover Accidents

Rollover accidents are usually single car crashes. In fact, 75% of all rollover incidents occur in single car accidents, according to the Insurance for Highway Safety.

These single vehicle rollover accidents typically happen after a driver loses control of the motor vehicle and starts to slide sideways, such as in icy conditions or snow. While the vehicle slides, it may possibly "trip" on some kind of object and begin to roll over.

Some of the most common factors that cause motor vehicles, such as SUVs, to trip and roll over include, but are not limited to, the following:

• Soft road shoulders

• Uneven ground

• Roadside objects

• Curbs

• Guardrails

Around 95% of all rollover accidents are "tripped", according to the NHTSA.

Getting Help

It is important to get legal assistance from professionals who can help you. There are skilled lawyers in Los Angeles who have more than enough skills and knowledge to represent you in your case.

Finding a Good Law Office for Los Angeles’ Personal Injury Cases

People are put in danger from different accidents as we go through our daily activities. There are those who meet accidents while driving, crossing the street, or just walking around the region.

People in Los Angeles are one of those who are prone to accidents similar to these as there are many establishments and construction sites that need to be supervised well to avoid any mishaps.

These are just some of the many personal injury cases that one may encounter in big regions like Los Angeles. However, there are Los Angeles Personal Injury Law Offices located in different areas to help victims in filing their claims and charges against the negligent party.

Victims, on the other hand, must carefully choose which law firms they would trust their cases with as the outcome will also be affected by this decision. They must carefully choose law offices that have been victorious in many cases and are experienced in handling cases like this.

Personal Injury Cases

These cases subject the negligence of an individual which has led to an accident that has caused damage, injury, or even death to another person.

• Car Accident. Every driver should be responsible enough and think of other’s safety while they are on the road. They should always follow traffic rules and be careful in making turns or shifting lanes.

• Medical malpractice. Doctors and other medical professionals should exercise utmost caution when they have a patient under their care. Medical malpractice could result to the cancellation of their license to practice medicine or possible jail time.

• Fall Accident. These accidents have caused many paralyses throughout our nation. Establishment owners have the responsibility to keep their property safe to everyone.

Because of the nature of the accident, it is important to hire an experienced lawyer as they will know which evidence would strengthen the case and how to attain them. They can also help victims in looking for experts who could testify on their behalf.

Victims of personal injury cases are entitled to file for claims which would cover their expenses and discomfort caused by the accident. In cases of death, beneficiaries can sue the negligent party for wrongful death and they can receive an amount of money which would somehow compensate for their loss.

For this reason, lawyers are required to make drafts of possible settlements which would indicate the amount that the victim is asking for. These settlements are agreed upon by both parties who would want to avoid lengthy court proceedings.

Choosing Legal Representation

Personal injury cases should be taken in seriously even if the victim has sustained only minor injuries. Claimants must keep in mind that their lives have been put to danger because of someone’s negligence.

Lawyers will be the representation of the victim and his family in making settlements and discussions with the other party. These lawyers are in the front line of defense and so it is only wise to hire someone who has great knowledge and background of the case.

Choosing a lawyer is crucial. You must pick one near your location who can be reached easily for updates and status of the case. There are Los Angeles Personal Injury Law Offices where many lawyers are trained and have years of experience when it comes to handling personal injury cases. They are fully capable of assessing each case and knowing which documents will strengthen their client’s case.

Danger of Broken Jaw and Ankle Injury

Although people are careful with their actions, it cannot completely give them the assurance they will always be safe from harm. The often occurrence of various accidents often put people at the risk of sustaining and suffering from different kinds of injuries. Two kinds of injuries that may be sustained by a person when they are involved in an accident are known as broken jaw and ankle injury.

Although the two kinds of injuries that were mentioned may seem less serious to some people when they are compared to other kinds of injuries like spinal cord injury, and paralysis, among others, but it cannot be denied that these two can still cause suffering to a person.

Aid from attorneys should be acquired by people who are suffering from the two injuries so that they will be have the proper legal help that they need. These professionals will make sure that the person at fault will be held liable for his/her mistake.

Broken Jaw

Broken jaw, which is also known as mandibular fracture, is a typical facial injury. Broken jaw is also the tenth most usual fractured bone in the body of a person. Fractures are usually caused by a direct trauma or force to a person’s jawbone.

Two of the most common causes of this injury are motor vehicle accidents and involvement in sport activities.

Ankle Injury

Ankle is known as the part of a person’s body that connects the foot and leg. There are many people who suffer when they sustain an ankle injury. The degree of this injury will greatly depend on the amount of force that was applied to it. Though ankle injury usually heals with support and rest, people who sustained this injury usually have a hard time in performing or doing the things that are normally done by others, specifically walking.

There are three kinds of ankle injury that a person can suffer from. These three types are:

• Ankle strain- This occurs when there is a overstretching or tearing of the muscles or tendons of a person’s ankle. This injury may be sustained due to different reasons including cyclic movements of the tendons and muscles, severe force to the ankle resulting from a person’s involvement in a sports activity or an accident, and awkward range or movement of motion that lead to the muscles and tendons being overstretched.

• Ankle sprain- This is a typical musculoskeletal injury in which the ligaments of an ankle entirely or partially tear because of sudden stretching. The ligaments of an ankle are injured when a force greater than usual is applied to it. Some of the usual causes of ankle sprains include:

• When a player steps on the foot of another player while involved in a sports activity

• When a person clumsily plants his/her foot when running, stepping down, or just doing a normal routine like getting out of his/her bed

• When a person steps on an irregular surface

• Ankle fracture- This kind of ankle injury is sustained when a bone or when bones that make up a person’s ankle are broken. In addition, a person will sustain this injury when his/her ankle joint is stressed beyond its limits.

Winning your Case with Help from Attorneys

If you are involved in an accident and you sustained an ankle injury or you suffered from a broken jaw due to it, there are attorneys who can help you win your case. These skilled attorneys will help provide the necessary evidence that will increase your chances 0f being properly compensated by the person at fault.

Importance of Severance Packages to Employers and Employees

There are different companies in Los Angeles that provide help to their employees once the employment of the latter ended through severance packages. This is a kind of package given to employees which is comprised of different benefits.

There is no law in the United States that requires employers to provide their employees with a severance package once the bond between them ends. If they choose to do so, it will be considered as voluntary.

Avoiding a Lawsuit

Although providing employees with a severance package is seen as voluntary, some employers do it so they can avoid being sued. There are instances wherein employees may sue their employers when they are fired from their job. Negotiation for a severance package is one of the ways that can prevent this situation from happening.

Employees may be provided with a severance package so that they will agree in signing a release. In creating a legal agreement, employers must consider and remember the following:

• Employees should be given enough time to make a decision concerning the release- It is only fair that employers should give their employees enough time to decide whether they will surrender their right of filing a lawsuit. Employers may also suggest that their employees can have proper legal assistance from attorneys regarding the agreement.

• Employees must be given something in exchange of the release- Employers must always remember that they are requesting their employees to waive or surrender their right to file a lawsuit. In return for the favor done by employees, employers will have to give them something that is not usually given to others.

• Avoid giving employees any hint of forcefulness- The decision of employees to surrender their right to sue should be voluntary.

Severance Package Negotiation

Benefits that may be received through severance packages are not limited to money. Negotiations between employers and employees regarding the different benefits can be included in this package. Employees who are in a proper position to negotiate can ask for benefits including:

Unchallenged unemployment compensation There are instances wherein employees and employers disagree when it comes to the latter’s unemployment claim. As a way to avoid this situation from taking place, employees can talk to their employers and ask them not to challenge it.

Outplacement Services

In this kind of benefit, employees are assisted by outplacement firms during the time wherein they are trying to be employed elsewhere. These different outplacement firms can provide employees with job skills training, or other ways or factors that can lead them to potential and probable jobs.

References

If the ties between companies and employees are severed because of a reason unfavorable for the latter, they can try to talk to their employers in order to produce a mutually agreeable letter.

Severance packages are now provided by different companies in Los Angeles because it can greatly help employees during the time wherein they are trying to look for another job. The act of giving it to employees also shows how employees are valued by a company.

When Can A Birth Injury Problem Amount To Medical Negligence?

Although the birth of a child to a new family is usually a great time of celebration, unfortunately on occasions medical complications can cause this to be a time of pain and sorrow. So when does a birth injury to the mother or baby amount to medical negligence?

Thankfully most of the time a birth proceeds with no or few complications and both mother and baby go safely through the process and are soon back in their own home. However, as in any medical procedure, there can of course be complications. What are these complications and when can they amount to medical negligence? It is best to look at the most common complications and to separate these in relation to the mother and the baby of the child.

Medical Problems With The Mother
The most common forms of injury to the mother can include:

Vaginal tears
Episiotomy Complications
Caesarian Sections
Infections

Vaginal Tears

The extent of the tear can determine the severity of the injury sustained. The tears can range from first degree to fourth degree tears, with the more severe degree of tear more likely to lead to long term complications.

A vaginal tear can amount to medical negligence if the medical staff fail to identify the serious nature of the tear, or recognise it but fail to stitch it correctly.

Episiotomy Complications
Whereas a vaginal tear is not planned, an episiotomy is a deliberate cut made by the medical team during labour, usually when they believe that if they do not make one a natural tear could occur and cause long-term problems. A poorly performed Episiotomy can cause ongoing pain and even incontinence if it extends to the anus.

An episiotomy can lead to a medical negligence claim if it is carried out without being necessary, or if the cut was larger than it should have been.

Caesarian Sections
Caesarian sections can lead to various medical complications, including infections and a delayed C Section can result in serious illness to the mother or baby.

Complications With The Baby
Common medical negligence claims bought on behalf of a baby can include:
Cerebral Palsy Claims
Umbilical cord complications
Brachial Plexus Nerve Damage
Infant death

Cerebral Palsy/Umbilical Cord Problems
Cerebral Palsy can arise from the baby being deprived of oxygen. This can be caused by the baby spending too long in the birth canal, or from the umbilical cord wrapping itself around the baby.
Failure to diagnose or treat jaundice or a delay in the diagnosis of or treatment of serious injuries can also lead to Cerebral Palsy in the baby.

Brachial Plexus Nerve Damage
The Brachial Plexus is a network of nerves located at the top of the neck. During childbirth the network can be damaged by excessive pulling of the baby by forceps or vaccuum extraction leading to long-term nerve complications

What Action Can You Take?
If you or your baby may have suffered from any of these conditions during or after the birth, it is important to seek early legal advice. Find a solicitor that will offer you a completely free initial opinion on the potential medical negligence claim. If the claim is to be made on behalf of your baby, it may well qualify for legal aid. If it is for the mother, many solicitors can now offer "no win no fee" agreements to allow you to pursue the claim for compensation without needing to incur a large amount of legal fees.

Traumatic Brain Injury Recovery Varies

People who suffered a traumatic brain injury, also referred to as a coup/contrecoup injury, have a long road to recovery ahead of them.

Many traumatic brain injury patients find they have a very long road to recovery from the damages their brain has sustained due to impact trauma. The trauma may be as the result of a fall (e.g. Natasha Richardson) or sustained in a car crash, etc. "There is one commonality among all traumatic brain injury patients; medical assessment is crucial when they present to a doctor, and time is of the essence to minimize the damages," said Tony Francis of The Francis Law Firm in Orlando, Florida.

While there is not a lot physicians are able to do after the injury has occurred, they are able to focus on minimizing brain damage by making sure the victim's brain receives sufficient oxygen. Lack of oxygen increases the chances of further damage. "Monitoring the blood pressure is another critical factor, along with ensuring intracranial pressure is under control, " outlined Francis.

There are a variety of ways to treat intracranial pressure, and each one of these areas may be ripe for a medical negligence lawsuit. They include raising the head (or straightening it), for better blood flow, drain cerebrospinal fluid from the ventricles and the use of paralytic drugs. Each course of treatment outlined is often fraught with uncertainties as to the outcome, which makes a doctor's duty of care to the patient a very high one.

"TBI patients are also usually subject to the onset of seizures, often treated with benzodiazepines. Unfortunately these potentially life saving drugs, if used incorrectly, depress breathing and lower blood pressure," explained Francis. The other area where medical errors tend to happen is during surgery to remove hematomas. A craniotomy, which removes a portion of the skull, is used in roughly one third of all patients diagnosed with severe TBI.

In all cases dealing with TBI's it is best to speak with a highly qualified TBI attorney, such as Tony Francis of The Francis Law Firm in Orlando, Florida, who will outline what needs to be done to present the case to the courts. Damages that may be awarded may include money for physical/occupational therapy, speech rehabilitation and psychiatric and psychological counseling. There are other damages that may be claimed as well, however for further information speak to an attorney.

Want to hire criminal solicitors

We all respect law and never want to go against it intentionally. But there have been cases where we have made certain offence which made us go against law with out our consent. Such sudden and uncertain situations may enlist Personal injury, car or vehicle accidents, some sort of criminal cases and many more. There might be a difference in opinion but most us do not do this knowingly or purposefully. As the matter of fact it accidentally happens…..!

To handle and fight against such situations we need solicitors to support our verdict in front of the higher authority. We need expert solicitors to defend our selves as in certain cases any casualty might result in adverse effects on our side. CM Solicitors is a very professional and specialist portal to deal with such situations. They offer expert and highly professional solicitors to not only defend our selves but also bring in the entire case in our favor. They generally provide the following expert services to make us at ease:

1 They support and handle Criminal law cases for their clients
2 They offer Criminal solicitors to defend their clients
3 They fight against Motoring offences
4 They deliver specialist Motoring solicitors
5 They even deal with cases of Personal injury

Through these services they provide the best and professional support to deal with thee relevant cases at its best. They provide specialist help when as a client you or any of your associate gets involved in any such criminal offense. Getting through the rush we tend to drive fast as a result of which we tend to break the traffic rules and commit to do an offence against law. In such cases these expert Criminal solicitors and Motoring solicitors help us to come out of this problem. In a away they save our time, energy and even money for the same. They are one of the best to provide such services among all their contenders present in the market.

With in their many years of experience and know how CM Solicitors have always provided services to support their clients to their best. They have given top priority in bringing the case entire case in their client's favor. they provide professional and legal service to sort out and solve the problem of their clients. They undoubtedly make an impact through their support and services to their clients and in the market as well. So, for any sort of solicitor requirement and any other help in this relevant field, you know the expert to deal with.

The Rising Cases of Workplace Discrimination in Los Angeles

Los Angeles hosts some of the biggest companies in the country. Many of these companies cater to a large number of people. They also employ many workers who sustain their operation and help them increase productivity.

Workplace has become second home to some as they spend most of their time here with their co-workers. Because of this, it is important that employees get along with their employers and with each other so that their performance would not be affected.

But, because of the variety of workers that come together to work, it is almost inevitable that some are discriminated against or are harassed by a co-employee or their employer.

Any form of discrimination or harassment in a workplace is greatly opposed by our nation’s leaders who have passed laws regarding them. Victims are encouraged to speak up and seek the help of Los Angeles Workplace Discrimination Attorneys who are expert in handling employment litigations.

These lawyers would also be able to enlighten victims of their rights and gather documents that would strengthen their fight against these parties.

Discrimination in Workplace

There are several discrimination cases in a workplace that a worker may suffer from. They are usually based on a person’s personality that may be different than others and so he is perceived to be inferior to them.

According to statistics, employees’ complaints are commonly caused by discrimination based on their sex, disability, and race.

These workers are denied of equal opportunity for promotions, job opportunities, and wage increase. Some of them also experience being the subject of offensive jokes and slurs in their workplace. Here are the usual bases of discrimination that workers suffer from:

• Gender / Sexual Preference. Some treat other people from the opposite sex as somewhat incapable of doing the job that they can do and are not worthy of respect. Both women and men may experience being discriminated in their workplace and so no one is safe from it.

• Race / Ethnicity. There are those that are judged by co-employees and employer based on their skin color and heritage. They are often offered smaller amount of salary compared to others who are of the same position and job description.

• Disability. Disabled people should be given easier access to their workplace. There must be ramps and handrails installed to help them get to and from their office.

• Age. Some companies prefer to hire younger workers than those who are experienced. But then there are those who treats younger workers unprofessionally and do not consider them as one of their own

Everyone should have the right to work without being retaliated against because of their features and qualities. They should be able to receive just compensation for the work they have rendered to the company they are working for.

Actions that can be taken Against Them

Complainants of discrimination must not be afraid to loss his job or be demoted as there are laws which says that they cannot be retaliated against for their actions.

• Report the abuse or discrimination to authorities.

• Gather documents and evidence that could prove the incident.

• Ask witnesses if they could testify on your behalf.

• Seek the help of lawyers who are experts in this field.

There are Los Angeles Workplace Discrimination Attorneys who will be able to help victims in making drafts of possible settlements with the other party and know the coverage of the compensation that his client must receive.

Find Legal Help You Can Afford

Most Americans are simply living beyond their means and so they aren't always prepared for astonishing legal costs. Some individuals say that only the well to do people can afford legal services, but that is not true.

There are affordable legal services available to middle income and lower income households. Although the wealthy can afford legal services with ease, the poor families should also have the same privilege. Not everybody will need legal services at the same time and so many law firms these days are making special programs to help the less fortunate when they need it. The programs and services can be accessed in their physical offices and on the web. Most law firms and corporations these days have their own internet site and so folks can simply reach them.

Getting legal help is unquestionably pricey but since most are equal in the eyes of the law, many states along with law firms are now offering free barrister advice.....or at a cheap cost. When you need legal services, you can simply inquire about the cheap legal help services any time.

If you are working with matters like ID theft, IRS audit, child adoption, speeding tickets, contract signing, bills and hidden costs, or inaccurate credit score listings, you'll need legal help right now. The US is a litigious place and so you must be prepared for any legal considerations that you will encounter. For several years now, reasonable legal help services have served millions of Americans in handling different legal considerations.

Common legal issues can be handled without a lawyer - if you believe you can handle the document preparations on your own, you can exploit online help resources. These legal help resources and services provide legal forms that you can fill out at an economical price.

Before you eventually submit the legal form, a pro checker will make sure that all of the contents of the form are correct. However, if you are looking for legal help, such online corporations can't provide it since that is against the law ; only counsels or lawyers can give legal help.

States have different legal programs offered to the less fortunate. You can inquire at your local state web site or state offices for reasonable legal services. You can even check out charitable establishments in your neighborhood to access the services of pro bono counsels or lawyers. These barristers normally don't charge anything for their services. If you cannot afford to pay for their services, this is a good choice. If you are lucky, you might even get the best counsel in your state. You see, many experienced and established barristers are supplying their services free thru pro bono programs. When the counsels have free time, you can consult your legal affairs with them and they can give you free law recommendation.

Affordable legal help is generally available and by knowing your options, you can simply access these services online and offline. Don't think that because you are poor, you can not enjoy equal benefits when it comes to legal affairs. By knowing which law firms, internet sites, and establishments to look for, you'll be able to overcome your legal issues. So what are you waiting for? Start trying to find legal help services now. You do not have to sulk and become depressed about your legal affairs ; there's a method to handle them at a particularly reasonable cost.

The Fundamentals in Premises Liability Cases

Various accidents often occur in the busy areas of Los Angeles. In fact, it may even be considered as a normal occurrence. These accidents normally result in many damages and injuries.

Under the personal injury law, anyone who sustains injuries in an accident that occurred on the property of others and that it was caused by the carelessness or negligence of the one responsible for maintaining the property safe, he or she may be entitled to file a premises liability claim and receive compensation for the damages.

Premises liability is the legal responsibility of particular individuals for any damages and injuries that are sustained in his or her property.

For the owner or occupant of the property to be liable for the injuries and damages sustained in an accident that happened on his or her property, negligence of any form has to be present. For instance, if the occupant of the property has been aware of the possible hazards in the property and he or she did not even attempt to do something to get rid of certain dangers, then that is considered as a form or negligence.

Duties of Owners or Occupiers of Property

As an owner or occupant of a property, he/she has his/her own duties and responsibilities. Failure to fulfill these duties may be regarded as negligence.

Some of the duties and responsibilities of owners or occupant of property include, but are not limited to the following:

• Repair any deficiencies or defects in the premises

• Keep the property in a good condition

• Use care that may be considered as reasonable in maintaining and providing the premises

• Check the property to see if it sufficiently meets the standards of safety living

Aside from owners and occupant of property, there are other types of individuals who can be seen on a property. These individuals may include the following:

• Licensed individuals - such as maids, construction workers, gardeners, repairmen, etc.

• Visitors or invited guests – individuals who have permission to be on the property

• Trespassers – individuals who are not allowed to be on the property

Injuries and Accidents in Premises Liability Claims

Premises liability claims are very broad as cases of such incidents may involve various injuries and accidents. Some of the most common injuries and accidents in premises liability claims may include, but are not limited to, the following:

• Spinal cord injury

• Wrongful death

• Damages caused by lack of security

• Inadequate lighting that may possibly cause an accident

• Brain injury

• Construction site accidents

• Repair men falling off a ladder

• Injuries from fire or any other types of burn injuries

• Exposure to materials that are considered hazardous

• Trip and fall accidents

• Animal attacks (such as dog bites)

• Swimming pool drowning accidents

• Slip and fall incidents

• Diving board accidents

Los Angeles Premises Liability Attorneys

Premises liability cases may be very complex as there are many factors that need to be considered first. The steps in filing a claim may also be difficult. For such reasons, it is of very much importance that the aid of expert premises liability attorneys in Los Angeles are present. These attorneys will not only help you determine who is liable for your injuries, they will also guide you in getting compensation for your injuries.

Avoiding Vehicle Accidents in Beverly Hills

Beverly Hills is a popular neighborhood located west of Los Angeles County. It is known as a wealthy community where many business establishments and expensive private properties are located. Also, luxury cars and other expensive vehicles are part of this community’s reputation.

Because of this, road accidents are common to the locals. There have been many cases noted to be caused by the negligence of one or both parties involved. Victims of these accidents may contact Beverly Hills Vehicle Accident Attorneys who are expert in handling vehicle-related accidents. Also, they would provide victims with legal assistance in obtaining documents needed to prove the case.

Causes of Road Accidents

There are many factors that could lead to a collision and other road accidents. To better protect ourselves from these accidents, it is best that we understand the common causes for each collision:

• Intoxicated Driver. Motorists should never drive if he is intoxicated or is under the influence of harmful substance. A driver’s good judgment will be affected by alcohol. Also, illegal drugs and other substances could blur his visions and produce hallucinations.

• Car Malfunction. Before leaving the house, it is crucial that the driver check his engine, tires, breaks and other crucial car functions so that he will not meet any road glitch that could lead to an accident.

• Miscalculation of Turns. There are incidents when the driver would loss his control over his vehicle because of a miscalculated turn or move. Also, this could result to collision with other vehicles and to other road fixtures.

• Swerving and Speeding. Many motorists exceed the speed limit allowed in the given road so that they can get to their destination faster. However, this action can be more disastrous than helpful as collisions can result from it.

• Tailgating. In order to avoid rear-end collisions, drivers must maintain a considerable distance from other vehicles. It would ensure that any decrease in the speed of the front vehicle would not result to a collision.

• Inattention to Roads. Drivers must have their full attention to roads. Some, however, use cellular phones and other devices which distract them from driving. Also, the use of these devices would prohibit them from making split-second decisions that could prevent accidents.

• Sleeping. Drivers should get enough sleep before they go on long drives so that they would not fall asleep on the road.

• Faulty Road Designs. Some roads are poorly designed and pedestrian crossings are not situated properly. Pedestrians and motorists are put in danger because of these faulty designs which should be corrected immediately.

• Disregard of Traffic Lights and Signs. Signages are put up to warn motorists of the road conditions ahead. Motorists should also follow traffic lights which would decide who had the right of way.

Vehicle Accidents

There are many kinds of vehicle accidents aside from car crashes and collisions. Motorbikes accidents, which have caused numerous deaths, are also considered as vehicular accidents along with other vehicles such as SUVs, trucks, and busses.

• Motorcycle Accidents. Motorcycles are designed so that it can get through traffic at a much shorter time. However, this same design that provides riders with convenience offers little or no protection at all from accidents.

• Bus Accidents. Many students ride busses each day to get to and from their schools. These students are at risk in bus accidents that can cause death to victims.

Basics in Overtime Claims

In Los Angeles, there are a number of overtime claims which are filed by employees who failed to receive proper compensation for the extra amount of hours that they exerted working.

Legal help from attorneys can be acquired by employees who were not given their overtime pay because employers are required by law to provide it to their employees if the latter exceeds their specified number of working hours.

Overtime is a work performed by an hourly employee that goes beyond the required work hours in a week. Any work that is performed by an hourly worker that went beyond 40 hours in a week is considered overtime.

Overtime Pay Under Fair Labor Standards Act (FLSA)

Under FLSA of 1938, an employee who exceeded the required 40 hours weekly should be paid by his/her employer a 150% of his/her salary for the number of hours that exceeded the weekly hours.

Different state and federal laws govern overtime and wage claims. Most states provide employees wider overtime protection, compared to what is provided by FLSA.

Here are some of the additional rules pertaining to overtime:

• An employee may not have the right to receive overtime pay if the company has no idea that he/she is working overtime and has made a posted policy or rule that prohibits overtime work.

• An employee may be entitled to receive overtime compensation if he/she requested to take part in a program which is sponsored by the company.

• In general, an employee cannot be forced to wave his/her right to overtime.

• In general, an employee cannot decline to work overtime if he/she does not have a legitimate reason. If an employee refused to work overtime due to an invalid reason and his/her employer suffers from undue hardship because of it, this may be considered as a valid ground for denial of employment or termination.

• An employee who purposely over-reports his/her overtime hours is not protected by the FLSA. The employee may be terminated if he/she falsified overtime hours and she/ may not be entitled to file claims concerning unfair treatment or retaliation.

Filing Overtime Claims

Complaints of employees concerning overtime pay should be filed during the period of one year after they failed to receive proper compensation for their overtime work. The different steps in filing overtime claims are:

• Type or print the needed application form

• Answer the different questions that are included in the form

• Specify if you want your employer to know your name, as the claimant

• Submit two copies of documents which will support your claim and the copy of your records

• If you changed your address, notify the Department of Labor

• Mail the application to the given address

Head Injury and Motorcycle Accidents

People in Los Angeles often participate in various activities that may cause them to sustain and suffer from different kinds of injuries. A person’s fragile body can be injured in different parts and some may be mild or severe. One part of the body that may be injured if a person is involved in an accident is the head.

Injury to a person’s head may damage the brain, skull, or scalp. This injury may cause a person to suffer from both the direct injury to his/her brain and secondary factors like brain swelling, lack of oxygen, and blood flow disturbance.

There are different kinds of accidents that may cause a person to sustain this kind of injury. Motorcycle accident is one of the different kinds of road accidents that may result to head injury.

Motorcycle Accidents as a Cause of Head Injury

Injuries that may be sustained in a motorcycle accident are not limited to head injuries. This road accident may also cause a person to suffer from other kinds of injuries including spinal cord injury, bone fractures, and friction burns, among others. In other instances, this accident can also lead to a person’s death. According to the National Highway Traffic Safety Administration (NHTSA), around 760,000 people were injured while around 4,008 people were killed because of their involvement in a motorcycle accident.

Driving Conduct

The driving conduct of both motorcyclists and other drivers is one of the factors that can trigger the occurrence of a motorcycle accident. Negligence of a driver or a motorcyclist is one of the primary reasons why this accident takes place.

People who were hurt, especially people who sustained a head injury when involved in this incident should not hesitate to acquire legal assistance from attorneys. These professionals will help victims receive compensation for damages by proving or establishing the fault of the other party in the incident.

These attorneys may be able to prove the other person’s negligence by showing that a mistake was done on his/her part, which resulted to the accident. Some of the mistakes made by motorcyclists that may result to an accident:

• Slowing traffic- There are instances wherein a group of motorcyclists will drive in an unpredictable speed, or drive below the overall traffic speed, causing other vehicles to line up behind them. When this situation happens, drivers may not be able to follow within a safe distance, or they may try to pass the motorcyclists in a manner that is unsafe.

• Drunk driving- Drunk driving is one of the common reasons why motorcycle accidents occur. When a motorcyclist is under the influence of alcohol, he/she will have slower reflexes and he/she will not be able to completely concentrate while driving.

• Not following traffic laws- There are instances wherein an accident occurs because a motorcyclist did not stop at a red light or went beyond the required speed limits.

Helmet Use

Wearing of helmets while driving can lessen a motorcyclist’s chances of sustaining a head injury when an accident takes place. There are a number of states that already implemented statutes requiring motorists to wear different protective gears while they are driving like goggles and face shields, but most of the common laws are particular with helmet use.

Acquiring Head Injury Damages

Los Angeles attorneys possess the knowledge and skills that can greatly victims in a motorcycle accident to receive head injury damages from the person at fault in the incident. These legal experts will be able to do this by gathering evidence that will help build their client’s case.

Coverage of Employment Law

Los Angeles is a place wherein many people work due to the high cost of living at present. These people are considered as fortunate because finding a good paying job is hard for many due to the severe competition among job applicants. However, although people who are employed can enjoy the financial stability it brings, there are instances wherein problems are caused by it.

One of the hardships that employees may face in their workplace is being unjustly treated by their co-employees or their employers. In order to give protection to employees against any inappropriate actions that may be done to them, employment law was created and implemented.

People who are treated in an unfair manner by the people they work with, specifically their employers, can defend their rights by asking the legal help of qualified attorneys.

These professionals may help employees fight their legal battle and upheld their rights. Some of the areas under employment law wherein the help of these attorneys may be greatly wage and hours claim, and discrimination.

Discrimination A great number of claims that are filed by employees are concerned with discrimination. Discrimination takes place when an employer discriminates his/her employee due to the latter’s certain physical condition or personal feature.

There are various kinds of discrimination that can be experienced by employees. Some of these kinds include:

• National origin discrimination- This kind of discrimination takes place when an employee is unjustly treated in his/her workplace because of his/her ethnicity or accent, the place where he/she came from, or because other people believe that he/she has a specific kind of ethnic background. In addition, it is also viewed as discrimination when an employee is unfairly treated by someone in his/her workplace due because of his/her marriage to a person who possesses a certain nationality.

• Sexual harassment-Sexual harassment occurs when an employee’s work performance is greatly affected by another’s pleas for sexual favors, sexual advances, and other physical or verbal acts that are made in a sexual nature. It also makes a work environment that is intimidating or hostile.

• Color/race discrimination- This kind of discrimination takes place when an employee is unjustly treated due to his/her color/race.

Wage and Hour Claims The Fair Labor Standard Act (FLSA) is responsible in establishing different standards for overtime pay, minimum wage, recordkeeping, and child labor. More than 100 workers, both part-time and full time, and in both public and private sectors are covered by this the standards established by it.

However, some of the areas that are not covered by these standards include

Facts about Spinal Cord Injury

After being involved in an accident, there is the possibility of you being seriously injured. When one’s spinal cord is damaged, a victim may suffer from what is known as a spinal cord injury.

This condition can cause long term or permanent disability, or paralysis or the loss of movement or feeling below the injured area.

Spinal Cord Injury in Los Angeles

In many busy cities like Los Angeles, various accidents might be hard to avoid, despite of following safety measures to prevent such horrible incidents. For this reason, spinal cord injuries are common these days.

Symptoms of Spinal Cord Injuries

Often, when the spinal cord gets injured, there may be one or more symptoms present. Some of these symptoms can include, but are not limited to, the following:

• Reflex activities or exaggerated spasms

• Change in fertility, sexual function, and sexual sensitivity

• Difficulty clearing out emissions from lungs, coughing, or even breathing

• Loss of movement

• Loss of bladder control or bowel

• An excessive stinging sensation or pain due to the injury of the nerve fibers of the spinal cord

• Loss of sensation or feeling (this includes the ability to feel touch, heat, and cold)

In general, spinal cord injury has certain symptoms that immediately appear after a head injury or any other type of accident. Some of these symptoms may include, but are not limited to, the following:

• Destabilized breathing subsequent to the accident that caused the injury

• Misshapen or abnormally positioned back or neck

• Loss of bladder control or bowel

• Difficulty balancing and walking

• Weakness or paralysis (the loss of movement or feeling) in any one of the body parts

• Tingling, loss of sensation, or numbness in the feet, toes, hands, or fingers

• Loss of consciousness

• Back pain or severe pressure in the back, neck, or head

Factors to Consider in Spinal Cord Injury

These symptoms of spinal cord injuries depend on two factors, including:

1. Severity of Injury

Spinal cord injuries may be categorized into two: partial spinal cord injury and complete spinal cord injury. These are dependent on the severity of how spinal cord width has been injured. The following are the two categories of spinal cord injury:

• Partial Spinal Cord Injury – This is an injury whereas the spinal cord is still capable of sending various messages toward or from the brain. This may also be called as an incomplete injury. • Complete Spinal Cord injury – This is distinguished by complete or almost complete loss of feeling and movement below the area of injury.

2. Site of Injury

Paralysis, due to spinal cord injury, depends on the level of damage to the spine. The higher the injury is, the more likely that paralysis will occur. For instance, damage to the spinal cord at the point of the neck may possibly cause paralysis both in the legs and arms (quadriplegia) and make it hard to breathe without the aid of a respirator. On the other hand, an injury at a lower level of the spinal cord could affect only the legs and other lower parts of the body.

Lawyer Edward Ajlouny | Advocate For His Clients

When most people think of white collar crime they think of victimless crimes. Those who work with white collar crimes, such as California defense lawyer Edward Ajlouny, know that there are very few crimes that can be called victimless. White collar crime, though rarely causing bodily injury or even damage to property, can affect a lot of people negatively. Being accused of and prosecuted for a white collar crime can turn a person’s life upside down, not to mention the lives of that person’s loved ones. Defense lawyer Edward Ajlouny, who practices in the San Jose and San Francisco Bay areas, has extensive experience in criminal trials, including white collar crime trials. Not only does he understand the implications that being accused of a white collar crime have on people and their family and friends, but he also knows how important it is to defend his white collar clients to the best of his ability.

If a client has been falsely accused of a white collar crime and retains the services of lawyer Edward Ajlouny, they are going to get a strong, assertive defense. Ajlouny’s style is bold, determined and confident. As a former Marine, lawyer Edward Ajlouny knows how to go to battle for someone and he does not like the idea of defeat. Once retained, he will immediately start filing any motions that may be necessary in order to try to suppress any damaging testimony or evidence. He will get a list of prosecution witnesses and evidence so that he can go over it carefully and prepare for cross examination, and he will interview defense witnesses and gather any evidence for the defense. In other words, he will get down to business in a very assertive way.

Lawyer Edward Ajlouny will assess his client’s situation so that he will know who is being affected by the accusation of white collar crime. Sometimes filing motions to suppress have to do with protecting the accused person’s family while a trial is going on. Many times assets are frozen, leaving the accused person’s family with no means of support, so lawyer Edward Ajlouny will do what he can to help the family as well. His main focus, however, will be on providing his client the best possible defense and getting him back to his normal life in as short a time as possible. Ajlouny’s client will be advised of what is going on every step of the way, both before and during the trial. If there is any way to avoid a trial, Mr. Ajlouny will try his best to find one.

Being accused of a crime is a devastating event in someone’s life. It can affect your job, your loved ones, and your very way of life. Retaining an experienced and confident attorney can mean the difference between being affected negatively for life or walking away with your head held high. Lawyer Edward Ajlouny is the advocate that clients need to save their rights and their livelihoods. He is a defense lawyer who knows his business.