Why Hire a Catastrophic Injury Lawyer Dallas with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Catastrophic Injury Lawyer Dallas appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Catastrophic Injury Lawyer Dallas law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
The Legal Benefits of Incorporation And Documentation
A patent is a territorial right which excludes others from making, using, selling or manufacturing. A patent get published after eighteen months from the filing or priority date.
Any person can file an opposition within six months from the patent publication based on the prescribed grounds which is called pre-grant opposition. After patent is granted, within a year a person interested can file opposition based on prescribed grounds called post grant opposition. If a person has missed these two chances, he has other option to challenge a patent at any time of patent by revocation of patents under section 64 Indian patent Act.
Patent can be revoked anytime during the life of patent by any person interested. Revocation of patents may be brought up in two ways.
1. One is the Intellectual Property Appellate Board where a revocation petition can be filed by any person interested or by the Central government.
2. Another forum is High Court where revocation of patent is argued as a counter-claim in a suit for infringement of a patent.
A notice of any petition for the revocation of a patent under Section 64 must be served to all persons appearing on the register as proprietors of the patent or to have shares or interests therein and it is not necessary to serve notice on any other person.
Revocation of patents can be brought on following grounds:
1. The invention as claimed through the claims in complete specification was claimed earlier through a valid claim contained in complete specification of another patent granted and having earlier priority date.
19. The complete specification does not clearly mention or wrongly mentions the origin or geographical source of biological material.
Other than this patent revocation can be made by Central Government directions if Invention related to Atomic Energy according to Sec 65 of Indian Patent Act and it can be revoke by public Interest according to sec 66 of Indian Patent Act.
Revocation of a Patent or Amendment of a Complete Specification on Direction from the Government in Cases related to Atomic Energy:
Under Section 65, where at any time after the grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which a patent cannot be granted under the Atomic Energy Act, 1962, it may direct the Controller to revoke the patent. The Controller may then give notice to the patentee and all the persons who appear on the register as having an interest in the patent, and after giving them an opportunity to be heard, he may revoke the patent.
Revocation of a Patent in Public Interest:
Under Section 66, where the Central Government is of the opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.
Child Custody - If I Move Do I Have to Tell the Other Parent?
The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:
a court or tribunal
an agreement to mediate.
A contract can state that when a dispute occurs to do with the contract or any matter of contractual import or bearing the parties must go to mediation. A well crafted mediation clause will provide that the parties must agree upon a mediator or in the absence of agreement the contract should provide that the matter must be referred to a nomination body to nominate a mediator.
The contact will provide that the mediator will be free to conduct the mediation as he or she sees fit, but the contract will also provide that if the mediation breaks down then the parties are at liberty to abort the mediation. Conversely the contract will provide that if resolution of the dispute through mediation is effected then the terms of settlement that underpin that accord must be in writing, must be co signed by the parties and the mediator and the accord will then be binding.
An example of a contract induced mediation clause is below
The Parties must mediate disputes.
The parties to the contract must use the mediation procedure to resolve a dispute before commencing legal proceedings.
The mediation procedure is:
The party who wishes to resolve a dispute must give a notice of dispute to the other party, and to the selected mediator, or, if that mediator is not available, to a mediator appointed by the president of the Law Institute.
The notice of dispute must state that a dispute had arisen, and state the matters in dispute.
The parties must cooperate with the mediator in an effort to give an opinion to technical matters. Each party must pay a half share of the cost of the opinion.
If the dispute is settled, the parties must sign a copy of the terms of settlement.
If the dispute is not resolved in 14 days after the mediator had been given notice, or within any extended time that the parties agreed to in writing, the mediation must cease.
Each party must pay a half share of the costs of the mediator to the mediator.
The terms of the settlement are binding on the parties and override the terms of the contract if there is any conflict.
Either party may commence legal proceedings when mediation ceases.
The terms of settlement may be tendered in evidence in any mediation or legal proceedings.
The parties agree that written statements given to the mediator or to one another and any discussions between the parties or between the parties and the mediator during the mediation period are not admissible by the recipient in any legal proceedings.
Court or Tribunal Ordered Mediation
Most courts require litigated matters to be referred to mediation before the case goes to hearing. The courts normally have a published list of mediators that the parties can choose from and each party has to pay the costs of the mediator.
If the mediation facilitates a settlement then the matter is concluded and the legal proceedings will be aborted by consent. If the mediation is unsuccessful then the matter will in all likelihood proceed to trial.
In some jurisdictions like the VCAT (Victorian Civil and Administrative Tribunal) the parties do not have to pay for the mediator and this is a significant cost saving and benefit that flows from such benevolence.
Agreement Based Mediation
Any party to any dispute, be it civil, commercial or planning can at any time agree to mediate. All the parties need to do is to find a mediator and then in good faith attempt to settle the matter.
There still however needs to be a rigour, there is little point in settling a dispute unless the settlement is agreed in writing, is witnessed and is evidenced by an instrument that states that the parties have agreed to resolve all of their disputes and differences to do with the subject matter.
Any mediated settlement agreement has to be comprehensive, well drafted and must embrace all matters that gave rise to the dispute. Poorly drafted settlement agreements are open to challenge and are frequently challenged when one of the parties in hindsight thinks that result could have been better.
If matters can be mediated at the gestation of a dispute, a mediated outcome has considerable merit. There is little doubt that the fastest and cheapest way to resolve a dispute if negotiations breakdown is through mediation. In any partnership agreement that I have entered into with fellow practitioners or businessman I have insisted on the inclusion of a mediation clause. Resort to court, is last resort.
One of the ostensible benefits of mediation is confidentiality. If a matter is resolved by mediation the disputants can keep their issues of discontent "in house". If there is any "dirty linen" it is "washed" in-house, never in public. For people in high office this is most important, reputations particularly in this day of age where communications via the internet are immediate and widespread mean that anything odorous can be seized upon and published very quickly. Furthermore once the odium is out there it can never be archived or placed in a vault that is dedicated to the scurrilous. Information that is published on the web remains there in perpetuity for all and sundry. The need for confidential resolution of disputes is therefore greater than ever and mediation is a useful although not necessarily perfect way of achieving this.
Not everyone however is convinced that a benefit of mediation is confidentiality.
"It could be said that the reality of confidentiality in mediation is in large part reliant on the goodwill of the parties. If good will breaks down, then somewhat ironically, whether confidentiality will be upheld or not depends on relatively insecure legal protections"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 7).
"From an ethical marketing perspective it is less than desirous to use the concept of confidentiality to promote mediation; certainly not without providing full information about the qualified nature of the concept in practice. Indeed, the accuracy and legitimacy of some of the assertions made about confidentiality in mediation can be brought into serious question"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 16).
As one of the perceived benefits of mediation is confidentiality, yet in actual practise as the said co-authors contend this may be an assumption in some instances rather than a fact, settlement condition "belts and braces" should be brought to bear to secure confidentiality. Where settlement via mediation is engineered the settlement agreement should have a confidentiality clause, any breach of which is actionable in a court of law. If part of the consideration in the settling of a dispute is confidentially it should be expressed as such, then a breach of confidentiality is a breach of that confidentiality provision and actionable.
A greater problem is if settlement is not effected by mediation. How confidential is information conveyed during negotiations in these circumstances? Field, Rachael and Wood have said the notion of whether information remains confidential or not may be reliant upon the good will of the parties. All well and good but of little comfort to disputants at loggerheads with one another, particularly if the mediation proves fruitless and as it can on occasion, counterproductive and a tension exacerbater.
(Michael Moffitt "Suing Mediators" Boston University Law Review, Vol. 83:147 at page 150)
The difficulty in suing mediators is probably because it is a new addition to the dispute resolution repertoire, somewhat of a dark and evolving art. As canvassed previously mediators are not supposed to make decisions and although a mediator never makes a decision, the errant mediator in making a recommendation or proffering an opinion that affects a settlement is influencing the decision to settle. If the decision is settled and compromised on the basis of a misconceived mediator`s expressed inclination, the conduct of the mediator should be actionable at law.
Yet actionable on what basis? The duty of the mediator in not codified or regulated rather it is ill-defined and speculative As some mediators are not remunerated by the parties does their duty to the party differ to circumstances where the mediator is remunerated by the parties, (presumably on a fifty- fifty basis)?
Unlike lawyers who are required to enter into cost agreements with their clients that are regulated by solicitor conduct acts, mediators do not explicitly contract with clients to dispense impartiality, ethical reverence or detachment. So in the absence of any contractual obligation for one to sue a mediator, one would have to imply certain duties, duties that are to reiterate ill-defined and opaque.
For the above reasons it is not surprising that mediators apparently have not been sued to date. Although a party in the absence of any mediator immunity would be at liberty to sue a mediator, success could prove elusive. There would have to be compelling evidence that the mediator, very forcefully recommended a course of action, based upon flawed rationale or pretext, resulting in a settlement that materially prejudiced a party`s interests.
Furthermore if the aggrieved was represented by lawyers it would be even more difficult to sue the mediator, because the question would be asked "Why did your lawyer not advise you to refuse to accede to the mediator's recommendation?"
The disquieting consideration for lawyers, is that the lawyer must be ever vigilant and bold if need be, in ensuring that a bad deal that is put to the client is described as such in no uncertain terms, least the lawyer be implicated in a questionable outcome. The last thing the lawyer would want to become is a client "safety net" for a compromised settlement in circumstances where a forceful or vociferous mediator extolled the virtues of settlement and the lawyer meekly acquiesced or endorsed in that facilitation. For to do so could mean that the lawyer would be sued for a failure to emphatically reject the mediator`s recommended course of action.
As an aside the author can attest to his disappointment with respect to some of his experiences at mediation, albeit a minority of experiences. One case concerned a multimillion dollar dispute where the author was retained by an insurance company and the author's client flew an insurance instructor from one jurisdiction to the jurisdiction where the mediation occurred. The mediator was a fairly relaxed sort of character but the amount that he charged being $6,000 per day certainly did not relax the disputants. It was observed on a number of occasions that when there were "breakout" caucuses, the mediator used his downtime to read the newspapers in the public reception area that someone very kindly left in the reception of the office.
In another matter, again an insurance dispute, one team flew from one jurisdiction to another, at great cost. The mediation was getting traction but because the mediator and some other members of one of the adversary fraternity had to attend a religious festival, the mediation was cut short. The author, a religious man himself, considered that it would have been a far better idea for the mediator to arrange a date that did not conflict with either his or one of the other party's religious commitments. Particularity when the mediator was charging in excess of $5,000 per day and the combined legal spend for the day would have been $12,000. Needless to say that the team lacking the same religious affiliation was in a word; disappointed.
One of the greatest risks with mediations is that successful mediations in the author`s experience often go well into the night. In these circumstances many mediators instead of adjourning over to the following day put pressure on the parties to expedite the "wrapping up" of a settlement. In such circumstances mistakes can be made particularly in regards to the drafting of terms of settlement. This makes one hark back to Michael Moffitt's observation that the lack of formal structuring can compromise the quality of mediation services.
Mediation is relatively cheap and in tribunals such as the VCAT and the NZ WHT it is free. Court nominated mediators however are not free and when the courts, compel the parties to mediate the parties have to engage and pay for recognized and reputable mediators. This can cost anywhere between $1,500 and $10,000 a day but is money well spent if the matter is resolved quickly by mediation.
The most cost effective deployment of a mediator is at the outset of the dispute, at a time that precedes the initiation of legal proceedings.
An actual mediation rarely takes more than a day or so. The critical thing is to ensure that the mediation occurs close to the beginning of the dispute rather than on the eve of trial.
On point, the author was engaged by the Law Reform Commission and the Law Institute of Victoria in the early 90's to co-author a plain English building contract with Jude Wallace (Jude worked with the Victorian Law Reform Commission). We decided to make mediation the first "port of call" in the dispute resolution process whereby it was a term of contract that no party could issue proceedings in any jurisdiction unless they had at first instance attended mediation. The contract also provided that the parties remunerated the mediator on a 50/50 basis, regardless of outcome.
It is critical, for fear of labouring the point that mediation occurs at the outset. Ideally, a mediator should be engaged before a matter goes to court, arbitration or a tribunal but this requires a contractual condition that binds the parties to this course of action.
A mediated outcome at the earliest possible time can indeed arrest the deterioration of a commercial relationship. Mediated outcomes can also be positive, they can turn the tide from discord to accord and where this occurs the relationship can be strengthened.
Adversaries can also learn more about one another, a constructive mediation can enable both parties to better understand the other party's point of view. As Sir Laurence Street, the prominent Australian mediator and a past NSW Supreme Court Chief Justice likes to say. "If you look at a coin, the coin has a head and a tail. In any given dispute one party sees the tail, the other can only see the head, yet they are both looking at the same coin".
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How Declaring Everything You Know About Your Property Protects You
Regrettably, most of us will experience a road traffic accident at some time in our lives. If you are involved a road traffic accident, even if you are fortunate enough to not be injured, there is valuable advice you should follow including things that you should and shouldn't do.
If you, a friend or a loved one is unfortunate enough to suffer a personal injury from a road traffic accident, you should consult a personal injury solicitor
If involved in a road traffic accident resulting in injury, or sizeable damage to your vehicle, don't move from the scene of the accident until the police arrive and advise that you're OK to leave. If you're in any way unsure about the 'quantum' or amount of financial damage caused by an accident; take care of your actions as these can impact on any claim you make and affect any testimony you may have to make in court.
Seek Medical Help
Has someone been injured in the road traffic accident? Are you or anyone at the scene trained first aid? Then get them, or yourself to the injured immediately. Ensure that injured person isn't moved. Instruct the nearest person to contact the police and report the accident. Giving details of who is injured, how many persons are involved so that suitable emergency help is dispatched. Do what you can to warn and divert oncoming traffic away from the accident using hazard lights and any warning triangles available.
Typically, shock and adrenaline caused by any accident can hide the true symptoms of your accident.
Be sure to give the medical practitioner as much information as possible about how you're feeling as a result of the road traffic accident including:
i) loss of memory ii) headaches iii) blood or fluid in your ear iv) dizziness v) ringing in the ears vi) disorientation vii)nausea viii) confusion or other unusual physical or mental feelings
To prevent the onset of a concussion or other head and brain injuries do not avoid speaking to a medical practitioner or a doctor.
Virtues and the Limitations of Mediation
Spring is here and when the weather warms up, that means more outdoor activities to do. Whether that means hiking your favorite trail, running just for fun, or playing with your kids at the park, this sudden increase in exercise leaves your unconditioned ankles at risk. You may have rolled your ankles multiple times before, but this time your ankle is really bothering you and you begin to wonder what is causing this to happen.
What actually happens to your ankle?
When you roll your ankle in the most common fashion, the tibia moves laterally over your talus, which is inverting, while your calcaneous moves medially, and your cuboid moves inferiorly. The severity of the injury can fall into a few different categories: strains, sprains, tears, or fractures.
Sprain or Strain: Is there a difference?
Simply described, strains are injuries of the muscle and fascia. In a mild strain only a few muscle fibers are injured, the fascia is intact, and little function is lost. A severe strain is very painful and accompanied by discoloration caused by blood vessel rupture. The fascia and many muscle fibers tear, and muscle function may be lost completely. Sprains result from overstretching or tearing of the connective tissues, ligament, and/or tendons. In severe sprains the tendons can tear or pull away from the bone causing fracture. These two can occur simultaneously, as ankle injuries are notoriously complex.
Treatment Options for Ankle Injuries
Treatment plans for ankle injuries depend largely on the severity of the injury. The options for treatment range from conservative to invasive. By following proper treatment, most ankle sprains heal within two to six weeks, but may take longer depending on injury severity and patient compliance. You may need to use crutches to assist you during walking. Consult your health care provider to reduce the risk of re-injury or setbacks.
Rehabilitation: Mobilization of the ankle should be performed as soon as tolerated to avoid long-term stiffness and swelling of the joint. A physical therapy program consisting of range of motion exercises, stretching, muscle strengthening, and movement pattern retraining can be implemented for this purpose.
Another component of this rehabilitation process Includes retraining the ankle joint to protect against abnormal movements. Proprioception Is the body's ability to sense movement and position of body parts. Nerve endings In the ankle joint may be Injured during an ankle sprain, making this process more difficult. Retraining faulty movement and stabilization firing patterns will help train the body to protect itself from abnormal motion that can cause re-Injury. This Is accomplished by using physical therapy devices such as a wobble board and unstable surfaces to retrain the ankle for uneven terrain.
Footwear: Shoes worn after ankle injury should have greater support around the heel and may extend above the ankle joint to provide additional stability. Trained personnel at your local athletic store can direct you to the shoes that would best support your vulnerable ankle.
This article is not written for the purposes of diagnosing, treating, or rehabilitating any condition, symptom, or disease. This is written for informational purposes only. Please have your condition evaluated by a healthcare professional.
Remedies for Breach of Contract in Business
A probate attorney is a qualified individual in the field of law and particularly deals with cases that involve succession. This is mostly a will that has been written by the deceased party. They are either known as transactional lawyers or probate litigators. The lawyer in this case ought to have specialized with cases that deal with inheritance, estate succession, legal rights, and declaration of the will. There are many cases in court that deal with this matter since various parties may not reach an agreement on how to divide the deceased estate. When someone lands in a dispute, they may consult a probate lawyer who may have to resolve the conflict between the two disputing parties. A good lawyer should have been successful in previous court cases.
One of the duties of the probate lawyer is to ensure that the will is produced in court and followed to the later as per the requirements of the deceased. If there is no will, they appear before a court to defend the deceased estate and ensure that the right party settles with the deceased estate. Most of the time, many people die without writing wills and this means that there has to be a lawyer present to assists in the division of the inheritance. Even though most of the cases do end up in court battles, most of the probate lawyers have the ability to settle the matter out of court when both parties reach an agreement.
Another duty of the probate lawyer is assisting their client to write a will. When someone has a huge estate or wants to divide their property, the lawyer assists them to draft it as per their wishes. They only give legal advice and write down what the owner of the will wants. There must be witnesses present to ensure all that is said has been drafted in the will. In case there is a court dispute with the will, the lawyer has the chance to represent the deceased in court.
When someone wants to write a will, it is advised they choose a probate lawyer that they trust and their cases are heard in the local courts. The client is advised to choose a lawyer who knows them well and this makes it easier for them to present the case before the court. The probate lawyer has the full rights to store a copy of the will and that means whenever the owner needs to change it, the lawyer has to be consulted and make the necessary changes. When the owner of the will dies, it is the duty of the probate lawyer to read the will before the family and named individuals. They are entrusted the full responsibility to ensure that all that has been written is fulfilled and if there are disputes regarding the matter, they take the chance to make the proper arrangements before the court of law for the court hearings to commence.
Finding a Lawyer who understands?
If you have suffered an injury due to someone else's negligence you can bring a claim against them. But before you embark on this potential course of action you should consider the likelihood of your claim being successful.
It is not enough that you have suffered an injury; there are 3 components that need to be proven in order for your claim to be successful.
You will have to prove:-
1. There was a duty of care owed to you by the person who caused your injury.
2. That the person who caused your injury breached that duty of care.
3. That the breach of duty has caused your injury and/or loss.
Establishing a Duty of Care
A duty of care is the care one person should take towards another. However, this goes beyond common courtesy, as it only applies to specific circumstances or relationships under the law, examples include:-
1. A driver has a duty of care to other road users, such as other drivers, cyclists or pedestrians.
2. Business owners have a duty of care to their staff and customers, to give a safe environment.
Lastly, you must prove that the injury you have suffered was caused by the breach of duty owed to you. That the negligent actions or inaction caused you to suffer harm, injury or loss, examples can include:-
1. The driver failing to keep a proper look out on the road caused a car accident that injured you.
2. A business owner not having appropriate health and safety policies in place caused you to suffer an injury.
3. The local Council failing to regularly inspect the path and roadways caused you to trip and suffer an injury.
4. Manufacturers not having adequate testing in place to make sure their products are fit for purpose caused the product to malfunction and caused you an injury.
In conclusion, you should now have an understanding of the three elements that make up a personal injury claim. In a nutshell, the person who has caused you injury must have a legal duty to take care for your safety, that duty must have been breached and you must have been hurt because of this breach.
What Will I Be Able to Keep If I File For Bankruptcy?
In 47 of the 50 United States, it is illegal to take a car onto the road without auto insurance. Compulsory insurance laws protect the public from the expenses of injuries and property damage resulting from a car accident. The states that require auto insurance set minimum amounts of coverage that guarantee that medical costs and property damage caused by the insured in case an accident is judged to be the fault of the insured. Another name for compulsory insurance is liability insurance.
If you carry compulsory insurance and are judged to be at fault in an auto accident, your car insurance company will pay the medical bills and lost work time and other damages for the other driver and passengers in both his car and yours that are not immediate blood relatives. The minimum compulsory insurance varies from state to state, but your insurance agent will be able to tell you what minimum amount you must carry in order to drive you car on the public roads.
Most insurance agents recommend that you carry a greater amount of insurance and coverage other than what's strictly required by your state. Often referred to as 'comprehensive' coverage, it will include:
Personal Injury Protection, which will pay medical expenses and reasonable work and living expenses for lost job time due to an accident, no matter who was at fault.
Travel, towing and glass replacement that results from causes other than an auto accident.
Usually, if you take out a loan to purchase your car, the bank will require that you purchase and maintain comprehensive insurance on your vehicle until your loan is paid off.