Why Hire a Seat Belt 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 Seat Belt 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 Seat Belt 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.
Coal Workers Pneumoconioses (CWP) - Anthracosis, Silicosis and Byssinosis
In the recent case of Khan v Premier Private Hire Taxi , the applicant worked as a private hire taxi driver for the employer. He issued a claim form to the employment tribunal which stated the following:
"The company was not paying me, I was taking fare from customer and paying commission to the company. Like an agent transacting business for another".
The chairman of the employment tribunal considered the claim form and decided that he had no jurisdiction to hear the case because the relevant employment relationship had not been established. He therefore rejected the claim. Upon this rejection, the applicant appealed.
If you require further information please contact us at email@example.com
© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Personal Injury Attorney - Why Do You Need One?
White-collar crimes once referred to illegal acts committed by business people in the course of their employment. However, now any non-violent and sophisticated economic crime would qualify as a white-collar crime. As a rule, white-collar crimes verlap with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.
Visit New York Attorneys at http://www.nylawprofessionals.com for any law assistance.
Need advice: Seat Belt Injury Lawyer Dallas ?
Understanding the Close Corporation
Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don't think that's necessary and will suggest a better way.
Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract - usually by stapling the prime contract to the subcontract. That saves a lot of typing. It also offers a (false) sense of security to general contractors. In theory, flow-down obligates the sub to do everything for the sub's portion of the work that the general contractor has to do under the contract.
So if the owner has a legitimate complaint about a sub's work, and if the prime contractor is obligated to make repairs, the sub has the same obligation. That's perfect symmetry and should protect general contractors. Flow-down is great for general contractors. Right?
But read the subcontract carefully before getting a signature. Add anything that applies to subcontracts only (i.e. payment terms, release of retainage) and eliminate anything that doesn't apply (i.e. notices and disclosures). Then make the changes required by state law. Many states have special rules for subcontracts.
If you want to see how this is done, there's a website with sample prime contracts and cloned flow-down subcontracts for both commercial and residential jobs. It's free.
If you write both prime contracts and subcontracts, you can makes flow-down easy. When the prime contract is done and signed, just turn that prime contract into a perfectly valid subcontract covering all the same issues - automatically deleting what doesn't apply, adding what's unique to subcontracts and accounting for any special state requirements.
Diabetes and AmputationsDefinition of "Contract"A contract is defined as an agreement between two parties that creates a legal obligation for both parties to perform a specified act. In a contract, each party is bound by law to perform the requested duties or to render a monetary payment. Something of value must be exchanged between the two parties in order to make their promises enforceable.A "breach of contract" occurs if either party fails to perform their specified duties. The other non-breaching party may be entitled to legal or equitable relief, especially if they have already performed on their end of the bargain.Written and Oral ContractsCourts almost always prefer that contracts be written down rather than made through an oral (spoken) agreement. Both of oral and written contracts are enforceable and states have specific laws dealing with the situation where both are used for the same contract.Having a written instrument helps to avoid or clarify disputes should a breach of contract occur. Written contracts are also preferred if there is no previous history of dealings between the parties, so they can keep written records as their business relationship builds.Ways in which a Contract may be BreachedAny failure to fulfill the duties according to the terms provided in the contract results in a breach of contract. Sometimes the breach is a result of directly failing to perform a specified duty, while at other times the breach can result from surrounding factors. Some of the different ways in which a breach of contract may occur are: "Non-Performance": This means a general failure to perform a duty. Not all failures to perform result in a breach of contract. In some instances performance is not required until the time specified in the contract. Until the time for performance arrives, performance is not due (for example, payment upon delivery means that you do not have to perform your payment duties until the shipment is delivered) Impossibility: A breach may be found if one of the parties takes an action which makes it impossible for the other party to render their performance. Usually measured by an objective standard (i.e., no one could perform the duty) Breach of an Implied Duty: Here the breach is not linked to a duty that is mentioned specifically in the contract. Sometimes courts will look at a contract and conclude that the performance implied other duties which are not written or stated. Examples of implied duties that may be breached are such a general duty of care or a duty to act in good faith. Anticipatory Breach: A court can conclude a breach of contract if one of the parties expressly states that they will not perform, or if they act in such a way that is inconsistent with forthcoming performance. This entitles the other party to relief even though a breach technically did not yet occur Total vs. Partial Breach: Breaches of a contract may either be total or partial. A total breach means that the breach has been so "material" (substantial) as to allow the other party to receive the entire benefit of the contract. Whether the breach is material is subject to the analysis of the court. A total breach will have different results in recovery options as opposed to a partial breach. Remedies available for Breach of ContractThere are several remedies available in the event that a contract is breached. These may be reduced or subject to modification if the injured party has also committed a breach. Compensatory Damages: These are monetary damages that are intended to compensate the injured party for the amount that they expected to received from the contract Consequential Damages: Intended to reimburse the injured party for damages that are indirectly caused by the breach Liquidation Damages: These are damages for amounts that are specifically agreed to and written into the contract Punitive Damages: Damages that are intended to punish the breaching party and deter them from future breaches. Rarely awarded in contract cases unless they involve a tort situation Nominal Damages: Damages that are awarded when the injured party did not actually incur a loss. Also rare because most breaches of contract typically cause some sort of loss to the other party Specific Performance: Not an award of money damages, but rather is an equitable remedy designed to compel the breaching party to perform their contract duties. Other equitable remedies (i.e., not involving money damages) are: Contract rescission: The old contract is canceled out and a new one may be formed Contract reformation: The court allows the parties to rewrite the contract Finally, please be aware that filing a breach of contract case in court requires that you follow the rules regarding the statute of limitations. The statute of limitations refers to the time period during which a case may be filed, which may be a number of years depending on the state. If the statute of limitations expires, you will no longer be able to file a case.Points to ConsiderIf you are involved in a breach of contract claim, whether you are the breaching or the non-breaching party, you should consider the following points: Written contracts are much more preferred than oral contracts because they provide a point of reference between the parties Each party should fulfill their duty according to the terms of the contract. The court can also imply duties in a contract A contract can be breached in several ways. Sometimes relief can be available even if breach technically did not occur Be familiar with the types of remedies available for breach of contract- some involve monetary payment while others involve equitable relief Be conscious of the statute of limitations and any other deadlines when filing Contact a lawyer who will help you in preparing and analyzing contract terms
Product Liability vs Professional Indemnity Which is Better for You?
Online incorporation services tout easy, fast, and cheap online incorporation and limited liability company (LLC) formation services. Examples include LegalZoom.com, MyCorporation.com, and IncorporateTime.com. Storefront and virtual paralegal services such as We the People and those found in the legal services section of your local craigslist also offer similar services. Their web sites and radio and TV sales pitches indicate that forming a corporation or LLC is as quick, easy, and inexpensive as filling out an online questionnaire and paying a fee of $100-150 for the completion of the paperwork and the filing of the documents with the secretary of state (plus the filing fees charged by the state). This article reviews the advantages and disadvantages of these services overall - for specific reviews of a particular provider, you should look elsewhere (and preferably to those with direct experience using the service, as well as at least a year of business operations thereafter).
No legal advice
In the fine print, many document preparation services state they are not law firms, cannot provide legal advice, and recommend that you consult an attorney for legal advice. Here's a word for word example from one web site: "This site is not a substitute for legal counsel.... You should consult legal counsel to determine applicable law for your situation." And from another: "[Our document preparation service] is not a substitute for an attorney or law firm." Only licensed attorneys can practice law and provide legal advice to clients, so these firms are wisely protecting themselves by making it clear that they are not in the business of providing legal advice; they are in the business of preparing whatever forms or filing you tell them to. Thus, the computer programmer's old adage, Garbage In, Garbage Out, applies. If you tell them to form a Nevada LLC, when you really need a California S corporation, they will in all likelihood produce a technically sufficient LLC, but it won't meet your actual business legal needs. Likewise, if you choose not to elect S-corporation status, and end up paying higher taxes as a C-corporation, this is not their fault; they are counting on you to know what you need, or to have consulted a lawyer and/or tax accountant before coming to them.
Many incorporation services would apparently seem to remedy this situation with lengthy FAQs and learning centers, but, frankly, a few minutes or even a few hours of research is not a substitute for a lawyer's college degree, three years of law school, and additional on-the-job training and annual continuing legal education. Any paralegal or incorporation service whose employees do provide legal advice is engaged in the unethical practice of law without a license, a crime in most jurisdictions, and their legal advice, for more reasons than one, should be taken with a grain of salt. Better yet, terminate your relationship with any such person immediately.
The other 'remedy' is to portray incorporation as a one size fits all, cookie cutter purchase, rather than explaining the reality that can be summed up the quote sometimes heard in law school, "The general rule applies to no one in particular." In other words, your circumstances and needs are not those of your friends, neighbors, or other online entity formation customers.
Other Legal Issues
But aren't you, as a California incorporation lawyer, biased?
That's certainly a legitimate question, and I obviously have a strong opinion on the matters discussed. It's up to you to take to heart or disregard the opinions and advice in this article, but I would answer it this way: Because I am a business attorney, I have seen the result of using these services in a way most lay people would not, and as a result cannot recommend that most people use an incorporation service. And although incorporation legal services is part of my business law practice, I would encourage most readers to use an attorney of their choosing, in their state - it need not be me and obviously I don't benefit from you using another attorney any more than I benefit from you using an incorporation service. In fact, incorporation services are probably in the long run good for my practice; they provide a steady stream of repair work and dispute resolution for me, that typically cost $1000s more than my flat fee incorporation services.
Summary and Conclusion
In short, comparing incorporation services to a business lawyer is an apples to oranges comparison. One option provides more services and costs more; one provides less and costs less. Neither is a "rip-off" or the definitive solution for everyone. You are more likely to get things right by choosing either than choosing neither and going it alone. The lawyer is licensed by the state to provide legal advice, is subject to numerous ethical rules, forms an attorney-client relationship with his clients, and keeps up to date on changes in the law through mandatory continuing legal education. The incorporation service simply executes on your instructions, no advice, no hand-holding, no legal review of your situation or legal needs. If your instructions do not comport with what's best for your situation, then your result will be less than optimal.
There may be a small group of people who know what they need, and how to do it, but just lack the time, and who are thus well served by incorporation services. (Ironically, most of these people probably realize the value of an attorney's input and would generally hire one to take care of their legal needs, while spending their own time on what they do best, improving their business. This explains why I have business entity formation clients who are attorneys and law firms!). Or who have been advised by their accountant to form a particular type of simple entity (simple being defined as an entity to be formed in their home state jurisdiction and with only one owner). But, in my opinion, the vast majority of potential incorporation service customers would be better served by investing an additional $500 or so to have their entity selected, formed, and set up correctly, with all of their questions answered along the way, with due attention to related legal issues, and to establish a relationship with an attorney for ongoing or future legal services.
Employment Law Services
Workplace accidents can be very devastating depending on the type of work at stake. For instance, in places where poisonous chemical are involved or complex machines are handled, it could be very dangerous when accidents occur. In fact, there are so many other ways that can result in various incidents at the workplace. As human as we are, we seem to be constantly battling with uncertainty. That is why no matter the amount of protection, there can still be accidents. The important decision to take is to try as much as possible to take measures in order to reduce the level of risks you may be liable to.
Another way to prepare for workplace accidents is to make sure there is a solicitor that is ever ready to provide the needed assistance. There are times when in the event of an accident people lack the courage to pursue for claim. The lack of courage is perhaps due to the inadequate knowledge they might have on the subject. This is why you are required to hand workplace accidents to professionals for a positive response