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How to Choose a Personal Injury Attorney

Legal Assistant November 1, 2019Personal Injury Law, Personal Injury Lawyers Leave a Comment

Not all personal injury lawsuits are created equal. Cases, claims, and payouts vary based on a multitude of factors, some which have no relation to the harm suffered.

Will an attorney take your case?

First, for many Plaintiff’s attorneys (note: a plaintiff is the person who initiates the lawsuit), the first thing they’ll do is consider, “How likely is the personal injury case profitable?”

For a case to be profitable, there must be a Defendant or party who can pay a judgment or settlement. If there are no such deep pockets, there is often no case. In fact, there is a term called “judgment proof” for someone who cannot afford to pay a judgment. That is simply because a person without cash or other assets most likely will not be sued.

Next, the attorney will consider the amount of damages suffered by the Plaintiff or potential client. Just as before, if a Plaintiff cannot point to a harm that was suffered (e.g. physical injury, lost wages, pain and suffering), then the attorney will not likely take the case. Many personal injury attorneys will only take cases with a significant amount of damages. That is because the attorney/client fee structure for most personal injury cases is based on a contingency model.

Attorney’s fees

A contingency model simply means that the attorney’s fee will be calculated from a percentage of the client’s recovery.

It is not uncommon for a personal injury attorney to “front” the expenses associated with a lawsuit with their own money. Given the inherent risk involved in filing a lawsuit, a low damages case is usually not a wise use of the personal injury attorney’s time or resources.

Even so, prospective clients frequently underestimate the degree of damages they suffered. A seasoned attorney will be able to diagnose whether there are damages that are overlooked or undervalued by the client.

Only after those two considerations are met (i.e. sufficient money and damages) will a personal injury attorney even consider whether there is sufficient liability to bring a case.

Assessing liability is even more complex than diagnosing damages, as Defendants sometimes have “affirmative defenses”. This means that although a Defendant acted in an irresponsible manner, they are still not legally responsible for the harm. This may allow them to escape from their responsibility.

Although important, liability is a secondary consideration to the first two factors. A good attorney finds liability in places where lesser attorneys cannot.

Types of Personal Injury Claims

There are many types of personal injury lawsuits. Such lawsuits range from boating accidents, to refinery explosions, to slip and fall accidents, to commercial vehicle (18-wheeler) wrecks, to run-of-the-mill car crashes.

If you’re seeking a personal injury attorney, it’s important to know your attorney’s record. Many attorneys represent that they are familiar with a specific type of case, but in fact, do not understand the nuances associated with such varying lawsuits.

Additionally, a good attorney will diagnose the type of case and employ a strategy to most effectively recover money for his client.

Boating Accidents – Jones Act

For example, an offshore boating accident case can be brought under the “Jones Act”.

The Jones Act is a federal maritime law that gives specific rights to injured seamen, crewmen and other maritime workers. Such workers have a right to make a claim for lost wages and health benefits. They can also file a claim or lawsuit against a negligent employer or third party, and/or file a seaworthiness claim if improper vessel maintenance caused the accidental injury. The Jones Act also includes a provision that gives you the right to visit a doctor of your choosing and receive a second opinion.

Refinery & Explosion Accidents

In contrast, explosion cases are expert-intensive and require a thorough investigation of the source and cause of the explosion. Such lawsuits are often expensive, but the high level of damages and certainty of payment frequently offsets the expense.

Car Accident

Other personal injury attorneys specialize in routine car wrecks. Such cases have a common playbook and focus on which person caused the accident. It also looks at the medical records of the aggrieved Plaintiff.

For motor vehicle accident cases, you can get an idea of how much your case may be worth with this online case evaluation form offered by the Lawsuit Info Center.

Attorneys to Avoid

Beware the attorney who advertises heavily but attempts to settle every case without considering whether the case would receive a better recovery if tried. Unfortunately, many attorneys employ this type of strategy to the detriment of their clients.

When considering whether to hire a personal injury attorney, look not just at the attorney’s record of wins and losses, but also to their demeanor. Is the attorney a fighter or is he/she timid or afraid? Is the attorney committed to their clients? Often a client gets a “gut feeling” regarding their attorney, and whether that attorney gives the client their all.

If you need additional assistance finding a personal injury lawyer who specializes in your type of case, you can chat online with a Laws101.com attorney who can assist you and provide you with legal guidance.

the best personal injury lawyers in houston texas

Compare the Best Personal Injury Lawyers in Houston, TX

Legal Assistant October 24, 2019Personal Injury Law, Personal Injury Lawyers Leave a Comment

Accidents can happen. But what if an accident could’ve been avoided? What if you’re left with an injury caused by someone else’s mistake or negligence? Maybe it was a car accident or a fall at work that wasn’t your fault and should be taken up by an injury attorney. These frightening and life-altering accidents can leave you with pain and up to your neck in medical bills.

It doesn’t matter if the accident was a car crash or a wet floor that sent you flying through the air, a good personal injury lawyer will fight for the justice you rightfully deserve, which typically means monetary compensation. After all, injuries can leave you with decreased income or without any income for months or even years.

You’re already overwhelmed with everything that’s happened but that doesn’t mean you should have to stress yourself over finding a personal injury lawyer. That’s why we are going to help you learn more about the different types of personal injury cases.

We’ve detailed what you should look for when evaluating a lawyer for your specific type of personal injury case. We’ve also published our list of the best personal injury lawyers in Houston, Texas, by category.

Different Types of Personal Injury Cases

Personal injury cases can result from a mild car accident or slip and fall case, to traumatic cases such as refinery explosions, house fires, and traumatic brain injuries. There are major differences in the complexity of each type of injury case.

Accordingly, there are several different types of personal injury lawyers who specialize in certain types of injury cases. Some focus exclusively on one type of legal case, such as car accidents, while others focus on multiple areas of personal injury.

Think of it this way: if you suffered a knee injury, a general practice physician may be able to provide you medical aid; however, a specialized orthopedic doctor will have far more specific knowledge about your exact injury. Similarly, when seeking legal help for an injury, you need to evaluate your personal needs and situation to determine which Houston personal injury lawyer is the best for your injury case.

Here are the most common types of personal injury accidents:

Automobile accidents:

Automobile accidents can include cars, motorcycles, and even semi-trucks. With hundreds of millions of vehicles on the road every day, car accidents are one of the most common types of accidents in the U.S. In addition to driving while intoxicated, motor vehicle accidents are commonly caused by distracted drivers who are texting or are otherwise occupied on their mobile phone.

Because the use of mobile phones while driving has become so common, a smart personal injury attorney always demands that the opposing party produce telephone and mobile internet usage reports as part of the lawsuit. It is not uncommon for a lawsuit to be won or lost based on the data provided by phone companies in litigation that shows the mobile activity of both parties to the accident. Vehicles have also become more sophisticated and can provide information in a lawsuit such as the speed, acceleration, stopping distance and steering patterns of a driver in the seconds before a collision.

In early 2019, a truck driver caused a fatal collision when he ran into the back of another vehicle that stopped in a construction zone. Telephone records subpoenaed during the lawsuit showed that the truck driver had been watching porn on his cell phone immediately before he caused the collision.

Unfortunately vehicle accident causes such as this are not anomalies, and lawsuits around the country have shown that many drivers are distracted by Facebook, Twitter, FaceTime and e-mail as they traverse the roads and highways.

Today’s top car accident lawyers must be more than just arbitrators in the courtroom. The best lawyers now need to be knowledgeable in the technological capabilities of our cell phones and vehicles and must be able to gather all of the information that can assist in winning your case.

Assault and battery cases:

Assault and battery cases are not considered accidents but, rather, intentional injuries. These cases revolve around injuries caused by being intentionally attacked by another person, from being beaten to being shot.

Assault is commonly defined as intentionally causing a person to experience an apprehension of offensive or harmful touching.

For example, an individual who jumps out of closet to scare another individual can meet the definition of assault, even if touching never occurred.

Another example of assault is a person who robs a convenience store with a gun but never fires a shot. No harmful touching ever occurred, but the robber likely caused the apprehension of harmful touching to all patrons in the store.

Battery, on the other hand, is defined as intentionally causing a harmful or offensive contact with another person. For example, the instigator of a bar fight who punches another patron has committed the civil tort of battery, because physical contact occurred.

Daycare accidents and child abuse:

These are unfortunate cases that occur far too frequently. A person caring for your child should be safe and reliable but that’s not always the case. When a child is injured or abused in a daycare setting, a family deserves justice and compensation.

Daycares often hire unqualified or untrained individuals to attend to the needs of numerous children. Some daycare workers do not possess the maturity required to change diapers, sing songs, and build blocks daily with young children. On occasion, such daycare workers have lashed out, even beating the children they were responsible for nurturing.

Daycare administrators sometimes admit so many children or under-staff the daycare that their workers can not possibly meet the needs of every child. Both situations are perilous for the children because of the lack of adult supervision, and hence, the greater likelihood of an avoidable accident occurring.

Jurors typically seek to punish such daycare centers who value the monetary value of the child more than the child itself.

Dog or animal attacks:

Dog bites are considered a premises liability. If a dog attacks someone or their pet for no reason, the owner of that dog should owe compensation to the victim for the pain and injuries they caused.

Typically, a dog owner will not be responsible for the actions of his pet unless the dog is a specific breed, or the owner is aware that the dog has dangerous habits. This is not the case for an individual who owns a “wild animal” as a pet. In the legal sense, a “wild animal” is a non-domesticated animal such as a ferret, snake, racoons or squirrels. If a “wild animal” attacks another individual, the animal owner is liable for the injuries caused simply because of the type of animal it is.

Maritime accidents:

Maritime accidents are generally accidents involving boats or that occur in the ocean. Some lawyers specialize in and know their way in and out of maritime law, which is different than the laws we adhere to on land.

The most common legal maritime case involved a law known as the “Jones Act,” which provides recovery to a seaman who was working on the ship at the time of the incident. Recovery requires that the defendant was negligent, which can occur when the ship owner does not provide a reasonably safe place for the seaman to work. Finally, the ship owner’s negligence must have been the cause of the injury or damage to the plaintiff.

Because maritime injuries frequently occur miles away from land, and because medical care is often lacking on seaborne vessels, it is common for maritime injuries to be more severe than land-based injuries.

Some of the very best maritime injury lawyers in America are in Houston, Texas because of the highly active Houston Ship Channel and Port of Galveston.

Medical malpractice accidents:

Medical malpractice can be caused by any health care professional including dentists, doctors, and nurses. Any health care professional that’s at fault for injuries, worsen health conditions, and wrongful death, is guilty of medical malpractice. Their job is to heal and help you, never to harm you.

Unfortunately, many states have imposed burdensome requirements to individuals seeking to file a medical malpractice case. Some states require expensive experts to review the file and draft an opinion prior to the case even being filed. Other states have imposed “damage caps” on individuals seeking to file a medical malpractice case, essentially ensuring that doctors and hospitals will escape financial responsibility for actions involving gross negligence.

Nursing home accidents or elderly abuse:

Just like with your children in a daycare, you’re trusting someone with your elderly loved ones.

The same concerns apply, particularly concerning the overpopulation or understaffing of nursing homes. Health care professionals are entrusted but when a preventable accident or abuse occurs, everyone deserves compensation.

Most often nursing home cases are classified as medical-malpractice and the same restrictions can apply. However, sometimes employees at nursing homes commit terrible actions that fall outside of the medical malpractice constraints. Your nursing home case depends on the circumstances of your loved one and the facility who caused the neglect or abuse.

Product liability:

Individuals consume billions-of-dollars of consumer products every day. We wash with shampoos and soaps that are intended to beautify but can cause skin irritation and breakouts if the ingredients are of poor quality. We drive automobiles with millions of components intended to keep you safe and provide peace of mind, but which can cause more damage if the part is defectively manufactured. And we consume materials that may be defectively or deceptively advertised, such as JUUL vaping products.

Every consumer product is intended and expected to be reasonably safe, but many often fall short of the legal standard. When this occurs, the designer, manufacture or advertiser may be liable and can lead to a serious product liability case.

Product liability cases have two primary benefits: 1) they provide compensation for you for injuries caused by a defective product; and 2) they assist in the removal of a harmful product from the market, thereby saving others from the harms and injuries caused by defective manufacturing, design or advertising.

Slip and fall accidents:

Slip and fall accidents (also known as premises liability) are caused by negligent property owners or landlords. Their duties include keeping their property safe for everyone who enters the property. These accidents are usually caused by wet floors without caution signs warning the victim of danger.

Work accidents:

Every employer, like property owners, are expected to keep a work area or work site safe for every employee. Employer recklessness can lead to a worker’s injuries which require workman’s compensation for injuries that keep the victim out of work.

Caveat: An employer who provides workman’s compensation insurance to their employees can only be sued using the procedures mandated by this specialized area of law.

Non-employees or contractors who are injured at a jobsite are not restricted to the processes required by the workman’s compensation system and can proceed with a normal lawsuit.

The 4 Best Personal Injury Lawyers in Houston

1) Andrew Cobos

Phone: 713-234-5860

Attorney Andrew Cobos from The Cobos Law Firm is a seasoned personal injury lawyer who solely practices personal injury law and has an impressive track record of success as a trial attorney.
His firm specializes in car accidents, truck accidents, motorcycle accidents, or any type of automobile accident.
His firm also specializes in chemical plant explosions, oil rig accidents, and other Gulf of Mexico-specific industrial accidents which require special handling and knowledge for successful trial verdicts.
He will respond to clients all day and all night for whenever you might need him.
He doesn’t get paid unless you receive compensation from your personal injury case.
He’s won several awards for their amazing services and have high ratings in client satisfaction.

2) Charles J. Argento

Phone: 713-766-4680

He specializes in car accidents, defective products, drunk driving accidents, medical device lawsuits, medical malpractice, personal injury, premises liability, truck accidents, workers comp, and wrongful death.
He offers free consultations over the phone and online.
He’s won several awards for his services and has high ratings in client satisfaction.

3) Baumgartner Law Firm

Phone: 281-587-1111

They specialize in ATV accidents, boat accidents, brain injuries, burn injuries, bus accidents, car accidents, catastrophic injuries, construction accidents, daycare abuse, and child injuries, drowning accidents, drunk driving accidents, maritime injuries, motorcycle accidents, spinal cord injuries, work injuries, wrongful death, and tons more.
The offer free consultations on the phone and online.
They don’t get paid unless you receive compensation from your personal injury case.
They have high ratings for client satisfaction.

4) Zehl and Associates

Phone: 1-888-984-1391

They specialize in car accidents, insurance disputes, maritime injuries, motorcycle accidents, product liability, personal injury, and truck accidents.
They offer free consultations on the phone and online.
They don’t get paid unless you receive compensation from your personal injury case.
They’re undefeated in the courtroom when disputing personal injury claims.

The Bottom Line

Suffering from an accident or injury that’s a fault of another, whether intentional or unintentional, can be stressful. You’ve already suffered physical or emotional injury, so we understand it can be difficult to deal with the headache of finding the right personal injury lawyer.

What’s the Difference Between a Trademark, Copyright, and Patent?

Legal Assistant October 21, 2019Business Law Leave a Comment

A trademark, copyright, and patent are perhaps one of the most important assets to your business. They represent the different types of intellectual property (IP). If you are a business owner, you need to get familiar with them.

When most people think of the term “property” the first thing that comes to mind is a tangible asset – usually real estate. Intellectual property is slightly different but just as important an asset like any other.

IP law centers on the protection of your hard-earned ideas and creations from unfair and often malicious competition in the business landscape. Take a deep dive into the world of intellectual property and see why it is crucial for your business.

Of Unicorn Frappuccinos

For the average American, no morning is considered complete without a daily caffeine fix. That’s why you’ll always find numerous people flocking to their local Starbucks to grab a cup of coffee on-the-go.

This little story, however, is not about their profound love for morning lattes. It’s about blue and pink Unicorn Lattes, specifically, the trademark infringement lawsuit that a modest coffee shop in New York slapped Starbucks Corp with.

Here’s where the bone of contention was. Montauk Juice Factory, the New York-based coffee shop, painstakingly crafted the highly-Instagrammable “Unicorn Latte”. This drink’s predominant colors were bright blue and pink. Four months later, the folks at Starbucks launched their version of the blue and pink drink with similar design accents and christened it the “Unicorn Frappuccino”.

They had no idea that there was a similar drink with the same name and design out there. According to them, this was purely coincidental! Talk about having telepathic abilities. But, thats a discussion to be had at a different date.

The point is, Montauk Juice Factory had trademarked the now-famous lookalike drink. The goal of their suit was to bar Starbucks from using the “Unicorn Latte” trademark and to seek monetary damages in connection with all losses they incurred as a result of the alleged infringement. This is a perfect example of why your business needs to take IP issues seriously.

Why Is Intellectual Property Important

Most entrepreneurs are completely oblivious to how many aspects of their business they can protect. You can protect its name, its logo, designs or any creative works you conceive.

It only makes sense. After all, why would you want another company profiting from your hard work? If you want to establish your business’ presence in the marketplace, protecting its IP could spell the difference between its success and failure. If you don’t, some other company could creep up from the woodwork and steal your company’s identity.

If that were to happen, there’s not much you’ll be able to do about it, especially if they get the IP rights to it just when you started riding the wave of success. IP plays an integral role in the longevity of any business. You need to get familiar with patent, trademark and copyright law. Here’s why you need to make IP a priority.

1. You Get to Keep Your Ideas

Having a great idea is one thing. But, how can you prove that it was yours in the first place to prevent someone else from cashing in on your brilliance? In the cut-throat world of business, everyone’s looking to be bigger, better, unique and more efficient than ever to stand out from the crowd.

For this reason, there are always people out there who want to duplicate your success. After all, why reinvent the wheel when they can simply steal your idea and sell it as their own? If you want to prevent your competitors from profiting from your work without your consent you need to protect your brilliant ideas at all costs. Protecting your company’s trademark symbol would be a great starting point.

2. It’s Critical for Your Business’ Growth

Everyone loves the underdog and in most films, they always emerge on top. In the real world, however, underdogs get crushed under the heels of the much larger more established bears.

There’s nothing harder for a small business starting than getting a slice of the market share pie. The larger more dominant companies in play are normally unwilling to let go of even a small sliver of it.

More often than not, when a competitor perceives your emerging business as a threat, perhaps because of some unique product you have to offer that the existing market is taking a liking to, they are more likely to steal your idea from right under your nose without you even realizing it.

This will stop the growth of your business dead in its tracks, making it difficult to recover. The only way to mitigate this eventuality is by making sure that no one else is using your intellectual assets.

3. It’s Not as Hard as You Think

Many small business owners have this preconceived notion that IP is a tedious, complex, daunting and time-consuming process. While this may very well be true, getting a copyright, trademark or patent lawyer on board to help you with the process is a much easier alternative.

They’re well versed in the area having handled hundreds of requests for IP protection from numerous clients. While you may not be able to protect an idea itself, you can protect the fruits of its actualization.

Types of IP Protection for Your Business

Copyright vs patent. Trademark vs copyright. What’s the difference? Well, they are all different types of IP protection you can get to safeguard your business’ intellectual assets. Here’s how they are different.

1. Trademarks

Trademark definition: A trademark is a symbol, design, phrase or word that differentiates the source of a business’ products from that of its competitors. Some famous trademarks include Nike, Apple, Coca-Cola, and Pepsi.

How to Trademark a Name

Trademark registration enables you to promote your brand with the knowledge and confidence that your business is protected by the full force of federal law. Here are some qualifications you need to meet before you can begin the trademark application process.

First, you need to ensure that the product or service you are offering affects interstate commerce. For instance, you can trademark the name of your motel since it serves customers coming from different states even though it is located in one specific state.

If you run an online business, you can trademark its name. It qualifies as interstate commerce since your product or service can be purchased by customers who are in multiple states across the country.

Second, the trademark you choose cannot be the same as or too similar to that of an existing commodity. Remember, the whole point of IP protection is to set your business apart from the competition and not to confuse customers.

So, you’ll need to search for all the existing trademarks on the US Patent and Trademark Office (USPTO) website and any other resources you may have access to. A trademark lawyer can do this for you.

Third, whatever it is you want to trademark should not be prohibited, generic or overly descriptive. For instance, you can’t trademark the name “mattress” since it qualifies as being generic. It’s not a name that describes who manufactures the product but rather the product itself. It is not considered distinctive enough to qualify for IP protection.

Finally, you can’t register a trademark that contains the US flag, government insignias or names, phrases, designs or symbols that falsely suggest a connection with national symbols, institutions or persons (whether living or dead). It also cannot be immoral or deceptive in any manner.

Trademark Application Process

Once you confirm that your trademark qualifies for registration, here’s how the process works:

Go to the USPTO website and use the TEAS (Trademark Electronic Application System) to submit details of your application.
Depending on how detailed the information about your trademark is, it could cost either $275 or $325.
You can also apply via mail for $375.
Provide your name and address and a clear drawing of the mark. Also, provide a comprehensive list of the commodities on which the mark will be used.
Pay a filing fee for at least one class of the commodities.
The USPTO attorneys will then review each application before communicating with you regarding the status of the application.
If it passes all their scrutiny levels, your trademark will be published as a candidate for registration. This gives a chance to existing trademark owners to object to the registration and cite the reasons why.
Once your trademark is federally registered you will receive a notice so that you can go ahead and file an “Affidavit of Use”. This has to be renewed every 10 years.

2. Copyright

Copyright definition: It is a form of IP protection that gives a person exclusive rights to publish, sell or reproduce their original works of authorship. Copyright registration seeks to protect the time, effort and creativity of an author in crafting and developing their works. All their works should bear the copyright symbol that has the year of first publication, as well as, an identification of the copyright owner.

How to Copyright

The copyright registration process has three fundamental elements:

The application form
The filing fee (non-refundable)
A copy of the authored works (non-returnable)

Here’s how to get a copyright registration:

Reduce your authored works into a tangible form. This includes recording a song or writing a publication.
Visit the US Copyright Office website.
Complete Form CO online. It should contain details on the type of work, details of the publication and year of completion.
Provide details on the author’s full name and contact details. The author’s year of birth and death also has to be provided if the copyright claimant is not the author.
Submit the completed form as well as a digital copy of the work at a fee of $35 to the US Copyright Office.

Get a competent copyright lawyer to do this for you to ensure that you don’t infringe on someone else’s IP.

3. Patent

What is a patent and how is it different from copyrights and trademarks?

Patent definition: An exclusive right that is granted to an inventor that allows them to exclude third parties from creating, selling or utilizing the invention for a stipulated period. The system is designed to encourage innovators to come up with unique and useful inventions that are beneficial to society at large.

There are generally three categories of patents:

Utility patents – These are granted to new processes, chemicals, and machines.
Design patents – These are granted to protect the unique appearance or design of manufactured objects.
Plant patents – These are granted for the asexual reproduction or invention of new plant varieties and hybrids.

How to Patent an Idea

Not all inventions qualify for patenting. They need to be novel in the sense that they are different from all other existing inventions in multiple aspects. They also need to be “non-obvious” meaning that a skilled expert in the field would regard the invention as both a surprising and unexpected development.

It’s important to note that an individual can’t patent a mere idea. They have to come up with a solid method of implementing the idea to bring it to fruition. Likewise, you also can’t patent an invention that is intended for illegal use.

Here’s an overview of the patent application process.

Record every step involved in the invention of your product. Draw and describe every aspect of it, as well as, all modifications done.
Ensure that your invention qualifies for a patent.
Assess the commercial viability of your invention.
Visit a Patent and Trademark Depository Library and search for earlier patents that might be similar to yours to offset any possibility of patent infringement. If you find some, you’ll have to show how yours is an improvement on these earlier innovations.
File for a provisional or regular patent application with the USPTO. You can do it electronically at a fee of between $65 and $260 depending on the size of your business entity.
Wait to hear back from the patent examiners once they review your patent.

Protect Your Dreams

Intellectual property law is complex. While you can very well do the trademark, copyright and patent application process yourself, there’s a good chance that you may fail to properly register some aspect of it. This omission could ultimately cost you your dreams.

Don’t leave anything to chance. Get an IP lawyer to do it for you.

If you have more legal questions, you can also chat online with a Laws101.com attorney where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.

Why It’s so Hard to Sue Uber

Legal Assistant October 21, 2019Personal Injury Law, Resources Leave a Comment

If you’re involved in an accident involving an Uber as a passenger, bystander or another driver the whole ordeal has likely left you feeling anxious and confused. Who is financially liable for your injuries? Do you sue the company or the driver? Is the driver even considered a direct employee of the company?

These are questions the average rider never thinks of until something goes wrong. For most people, Uber is a cheap alternative to getting around the city. It’s warm-up or wind-down to a night out on the town with friends.

Unfortunately, the more popular ride-sharing apps get, the more frequent their road-related accidents become. This post explores what happens after you get hurt in an Uber-related crash and why it’s so hard to sue Uber for damages.

Can You Sue Uber for an Accident?

This is the first question that plagues the mind of anyone who’s been involved in an accident that involves an Uber. After all, it only makes sense given the huge profits the company is minting from its presence in numerous counties across the globe.

They should bear some level of responsibility especially if they didn’t take adequate measures to properly screen the driver in question. So, now you’re wondering: Can I sue Uber?

Well, the answer to this question is: No. You can’t sue Uber if you get into a crash involving one of their vehicles. Uber has gone to great lengths to ensure that they are not liable for the negligence of their drivers. If they did, it is entirely likely that they would have gone under a long time ago.

Ride-sharing companies almost always classify their drivers as independent contractors. This means that they are not considered direct employees of the company so they can’t be held responsible for the negligent actions of their drivers.

This effectively shields them from any Uber driver lawsuit that would ensue as a result. They’ve gone to great lengths to keep it that way despite the $100 million settlement it paid to approximately 385,000 drivers in the now-famous Uber lawsuit independent contractor class-action suit.

The drivers wanted Uber to classify them as employees and not as independent contractors. Unfortunately for the drivers in question, part of the Uber lawsuit settlement deal was that they would continue to be classified as independent contractors.

It’s not all doom and gloom, though. Pursuing a lawsuit against Uber doesn’t just have to come down to you against the driver, and their personal insurance policy. There are more options you can explore.

Uber Insurance Coverage: The Facts

Aside from the driver’s personal insurance policy, Uber requires that its drivers take out their own auto insurance policy. They also require additional supplementary covers to protect both the drivers and external parties in the event of an accident. This negates any current lawsuits against Uber.

For this reason, they usually have three layers of insurance coverage in place (four if you consider the driver’s personal insurance cover) to mitigate against such an eventuality. The layer that comes into play depends on what stage of the ride the crash occurred. Here’s how it works.

If you were involved in an Uber-related crash at a time when the driver wasn’t on call or had the app turned off, then the damages you can go after, are limited to their personal insurance policy.
If the Uber driver had their app on “driver” mode but didn’t have a passenger on-board at the time of the crash, then you can go after their liability insurance policy whose compensation structure is as follows:
- Up to $25,000 for accidents that result in damage to property
- Up to $50,000 per person for accidents that result in bodily injury
- Up to $100,000 for total bodily injury
If the crash occurs between the time a driver accepts a ride request and when the passenger gets on-board, then both the auto-liability cover and the uninsured/underinsured motorist policy coverage of up to $1 million per accident remains in force until the passenger is dropped off. This covers all physical injuries sustained and damage to property that occurs.

Depending on the type of coverage available, you can seek compensation for the injuries you sustain contingent on the damages that exist in your claim. Examples of possible damages include lost wages, medical bills, pain and suffering, etc.

How to File a Lawsuit After an Uber Accident

Just like you would with any car crash incident, you can file a personal injury claim. While you can certainly go through the process yourself, it’s always better to retain the services of an experienced Uber accident lawyer to get you the best outcome possible.

Filing these types of claims requires a significant amount of paperwork and strict adherence to numerous timeframes and deadlines. So, doing it on your own will likely leave you overwhelmed and frustrated.

There’s also the not-so-small issue of dealing with insurance companies. Negotiating with them directly without a personal injury lawyer will more often than not, leave you shortchanged. Contrary to what you may believe, insurance companies don’t exist to help you in times like those.

They’ll always try as much as possible to minimize your claim to pay out as little as possible. So, if your case has lots of moving parts you might end up on the losing end of the suit especially if there were multiple injured parties all going after the same suit.

Get a Personal Injury Attorney to Help

It’s no secret that Uber has gone to massive lengths to ensure that they are not held directly responsible for any accidents involving their drivers. That is not to say, however, that you can’t do something about it especially if the driver was at fault.

If you get injured in an Uber-related accident, get the best personal injury lawyer to get compensation for you. That way, you can focus on your physical and emotional recovery. Speak to an attorney before you file your suit to maximize your chances of getting a favorable result.

personal injury lawyers in california featured

Best Personal Injury Lawyers in California

Legal Assistant October 21, 2019Personal Injury Law, Personal Injury Lawyers Leave a Comment

If you’re on the fence about what the best personal injury lawyer can do for you, well the answer is – A lot. When most people are injured resulting from an accident, the thought of hiring an injury lawyer never crosses their mind.

Those that do think of them have the misguided notion that hiring one is expensive. This, however, couldn’t be further from the truth. As a result, many individuals attempt to handle these claims themselves.

They fail to realize that top attorneys base their legal fees on a contingent structure. This means that they get a percentage of the settlement amount when they win the case. This not only makes it affordable for the average American during the litigation process, but it also incentivizes them to get you the best possible results in your case.

Handling a claim yourself means that the settlement you’ll eventually receive from your insurance provider will be the minimal amount. Here’s a list of the top things the best personal injury lawyers in California can do for you.

1. Determine the Available Insurance

At the risk of stating the obvious, before filing a claim against the adverse party, it’s important to first ascertain what the value of their insurance coverage is. The worst-case scenario is you end up incurring thousands of dollars’ worth of medical bills only to later discover the amount of insurance available on the liable party’s coverage is insufficient to cover the costs.

Without a competent Los Angeles injury attorney to help, you have no way of getting to know what the full value of their cover is. Furthermore, is virtually impossible for the average person with no legal background in personal injury law to know all the different types of insurance coverage they are entitled to.

Some of these include health insurance, liability coverage, medical payments coverage, uninsured/underinsured motorist coverage, etc. The best California personal injury attorneys are well-versed in these types of cases.

They know how to exploit the gaps in the system and get information about the available policy limits. That way, you can be certain that you’ll receive the best possible settlement amount than you otherwise would have, had you pursued the matter yourself.

2. Determine the Compensation You Are Entitled To

Without an experienced attorney on your side, it is often quite difficult to determine the different types of compensation that you are entitled to. What’s more, depending on the type of injuries you sustained in the accident, the nature of the compensation you deserve to receive may change with time in the course of undergoing medical treatment.

Wage loss is one such example of compensation you can go after. Proving this is an entirely different affair altogether. Say, for instance, you were involved in a car accident. Proving loss of wages as a result generally involves documentary evidence of what your total earnings were before the accident, and how they changed after.

It may involve compiling all your pay stubs and subpoenaing your employer’s payroll records. Your employer might even need to write a letter detailing what your job was, the roles you used to perform, and how that has changed since the accident.

Doctor’s notes for every hospital visit during official working hours will also be required to build a strong case against the adverse party. That way, you’ll be able to prove beyond a reasonable doubt that you have suffered a substantial loss of wages and to justify the amount you’re claiming. Only the best California car accident lawyer can do this for you.

3. Insurance Law Knowledge

There’s a reason why the best personal injury lawyers spend so many years in school perfecting their craft. All those sleepless nights spent mastering insurance law to pass the bar exam gives them a much better handle on these types of claims than a layperson with no legal background.

This makes it quite difficult for the average person to understand and interpret the various provisions of an insurance policy document. This is quite important in knowing what coverage limitations and exclusions apply, and the circumstances in which they come into force.

If you are not familiar with this language, it becomes hard to know which underlying California insurance laws apply to your case and which ones don’t. That’s partly the reason why accident victims need to involve the best Los Angeles personal injury lawyer right from the start.

4. Negotiation Skills

The secret weapon a San Francisco personal injury lawyer carries is that they can file a suit that will trigger the insurance companies to invest time and resources defending it. They know what’s at stake if they were to lose the suit.

This makes them more likely to sit up, pay attention and put a respectable settlement offer on the table to avoid lengthy court battles. If you were to attempt to go head-to-head with the big bad insurance attorneys, they’ll likely stomp on you to get you to accept the measly settlement amount they offer you.

This is usually nowhere near what you would get if you had an experienced personal injury lawyer San Diego CA mounting pressure on them. The reality is, you don’t wield nearly as much negotiating power to get a fair settlement from an insurer.

Insurance companies do not want personal injury cases to go to trial, that is where legal advice from specialized lawyers will help you in this negotiation.

5. Court Representation

Litigation is overwhelming, to say the least. Unrepresented injury victims who go to court to represent themselves often struggle with the court rules and procedures they are expected to conform to.

It’s not uncommon for cases to be dismissed for failure to comply with these rules. Why risk losing out on a legitimate personal injury claim when you could simply hire a competent attorney who knows the ins and outs of the justice system to represent you? If your motivation is to save money by representing yourself, you’ll end up losing a lot more than you bargained for.

Prioritize Your Interests Above Anything Else

The bottom line is, anyone who has suffered injuries resulting from the negligent actions of another party needs the help of the best California personal injury attorney. It’s the only way to get a fair settlement.

Remember, an insurance company only looks out for its interests above your own. Get someone who cares for yours just as much.

Best Intellectual Property (IP) Lawyers

Legal Assistant October 21, 2019Business Law, Resources Leave a Comment

Contrary to what you may believe, protecting your business’ intellectual property (IP) doesn’t stop at registering with the Copyright Office or the US Patent and Trademark Office (USPTO). Defending your intellectual property rights is an ongoing process that will continue well into the future.

Given how obscure a legal concept IP is, it’s best left to those who properly understand it. That’s why you need the services of the best IP lawyers to help you protect, manage and enforce the law. Here’s what the best intellectual property lawyers can do for your business.

What the Best IP Lawyers Can Do for You

There are numerous reasons why you should consider hiring an IP lawyer for your business. Here are some of them:

Value

IP is a rather abstract concept which makes it hard for the ordinary person to grasp, and even harder to determine what the value of a particular IP is. IP law isn’t just about protecting what matters to you, but it also encompasses what matters to others.

Pinning a value to a particular IP means different things for different entities. For instance, a large multinational corporation has the economic muscle to distribute their products and services at a much larger scale than, say, a local SME. That puts them at a higher risk for IP infringement since their products and services are widely accessible.

It, therefore, means that they have to go to greater lengths to protect their IP against infringement since the losses they would incur as a result are much higher than that of a locally-owned business. IP attorneys in California or any other part of the country can help to determine what the value of your IP is, whether you’re running an SME or a large enterprise.

Education

A critical part of defending your IP involves understanding the laws that govern it. Without professional legal help from IP attorneys in Texas or the specific state you’re from, you can’t understand the full extent of patent law, copyright law, and trademark law.

You’ll believe that an IP lawyer vs patent attorney both mean the same thing. While they do, to some extent, the latter deals with a specialized area of IP law. More specifically patent infringement and patent applications.

An IP lawyer is equipped to help you understand the different types of IP law you need to protect your business. For instance, if you’re not sure whether to go for a service mark or a trademark, a trademark attorney can help you explore both options exhaustively, effectively detailing the pros and cons of each.

Asset Identification

Regardless of what commodity your company produces, there’s a high likelihood that it is generating and using a substantial amount of intellectual property. For instance, every SME has a trading name and multiple trademarks that need protecting. It likely has original product designs and unique sales tactics it uses to bump-up its revenue.

Hiring IP attorneys in Florida, for instance, will help you identify all the different intellectual assets your business is sitting on to help prevent outside parties both with and without the state, from stealing your hard work. There’s a good chance that you’re not aware of the gold mine you could potentially be sitting on.

Patent Searching

Before you can claim your IP you need to first establish whether it is available for patenting in the first place. While you can easily log on to Google and do a patent search for commodities that might be related to yours, the reality is it’s not enough to go on.

You need access to multiple databases to do a thorough search. Only IP attorneys in Pennsylvania and other regions in the US would be able to do this for you. They can search for patents similar to yours in advanced databases. Their reach extends to resources that are focused on international patents as well, to avoid any potential IP infringement that might occur.

Non-Disclosure Agreements

Non-disclosure agreements which are sometimes referred to as confidentiality agreements allow companies to share their IP with other parties that need to give their input without jeopardizing the intellectual assets in question. It constitutes a legally binding contract between your company and the other party where you agree to share specific information related to your IP with them.

They, in turn, agree not to disclose this information to any other entity (or person). For instance, assume that you’re developing a new product or adding a new feature to an existing product. You’ve reached a point in the process where you need to employ the skills of an expert to advise on how to proceed.

You not only need to ensure that they have all the necessary information they require to do their job but you also have to make certain that they do not disclose that information to a competitor. You need to retain the services of IP attorneys in Colorado or your home state to craft air-tight agreements that bear serious legal repercussions should the external parties breach the terms of the contracts. Additionally, they would work to ensure that all your corporate paperwork including contracts, licenses, and agreements support your IP.

Securing Your IP

The application process for trademarks copyrights or patents can be quite lengthy. For this reason, an IP lawyer specifically a patent or copyright attorney can file an application that serves as a placeholder for the duration that you pursue its registration.

How to find the best intellectual property lawyer: Know where to look

With all the complexities involved in the IP realm, it is important to find the best trademark, copyright or patent attorney to secure your business’ intellectual assets. Here’s how to go about it.

Search Online

In this digital age, the internet is the first stop when trying to get information about anything. Naturally, when looking for the best IP attorneys in Washington or anywhere else in the country, going online to search for qualified IP lawyers is your best bet.

Using a credible online legal service to connect you with the best lawyers is not only convenient but also affordable compared to searching using the more traditional methods.

Consult the Bar Association

The local bar association in your area is an invaluable resource when it comes to finding the best IP attorneys in Maryland or any other state to protect and manage your intellectual assets. You’ll be able to get a comprehensive list of IP lawyers in your respective city and state along with their contact information.

Referrals

Almost every business has some form of IP. Talk to other business owners in your locality and learn about their experiences when hiring an IP lawyer.

While you certainly shouldn’t talk to your competitors about their IP lawyer (or use their attorneys for that matter since there will be an obvious case of conflict of interest there), you can talk to other businesses and get references from them. It’s a great way to ensure that you’re retaining the best IP attorneys for your company.

Narrow down Your Choices by Asking the Right Questions

Once you’ve built a solid list of the top IP attorneys in DC (or the entire country if you are particularly motivated), based on the findings of your research, you’ll need to pick the right one. Here are a few ways you can use to narrow down your search.

Be Clear on What You Want

First, you need to be clear on what your business’ needs are. What are the intellectual property issues that you believe your business needs professional help with? For instance, what’s your reason for filing for a copyright, patent or trademark?

Do you want to challenge another company’s IP? Do you need to aggressively defend your own? Is the attorney willing to discuss all your needs exhaustively?

Any great lawyer should be willing to discuss all your business’ needs with you in a consultation. They will then let you know if you’ll make a good fit or recommend someone else who will. Their hard-earned reputation is on the line just as much as your IP is.

Ask for References

While there’s nothing wrong with working with a fresh-out-of-law-school IP attorney, you certainly don’t want to be the first IP case they’re handling. You need to work with someone who has a little grease on their elbows.

So look for a firm that has extensively handled IP cases similar to yours. The best IP attorneys in New York or any other part of the country will be more than happy to share with you a list of their happy clients to hear what they have to say about their services. Testimonials go a long way in painting the true picture of the lawyer you’re about to work with.

Legacy

The other elements you need to consider when choosing the top IP attorneys is how long they’ve been in business for and compare this against their legacy of wins. The numbers also need to make sense.

For instance, if you come across a copyright and patent infringement attorney who’s been in practice for the past two decades, their legacy of wins needs to reflect this fact. If you find out that in 20 years they’ve only won a handful of cases out of the hundreds they’ve tried, chances are they’re not the right fit for your business.

On the other hand, if you come across an IP attorney who’s been practicing for 10 years with a track record that reflects an 80 percent success rate, then that’s the one you need to go with.

Qualifications

State bar associations keep a record of all complaints and disciplinary actions taken against members of their association. This information is available for public scrutiny. Look up the lawyers to verify their qualifications and see if they have a clean record.

Also, check to see if IP law is listed as one of their areas of expertise and if they are licensed to practice in your state. It also helps to check if they are active members of any professional organizations and if they have any recently published any IP papers in respected legal journals.

Legal Fees

It’s important to bear in mind that all professional services come with a significant price tag attached to them. While you may not have tons of money to spend on retaining a great copyright infringement attorney, for instance, you definitely shouldn’t go for the cheapest option either.

Issues that have to do with defending challenges to your IP can be quite costly but once you secure it, it will all have been worth it in the end. With that said, here are a few tips to make sure you get the most bang for your buck.

IP laws are effective nationwide. You, therefore, don’t have to limit your search for an IP lawyer to your area.
Regardless of the attorney you choose to retain, their representation will only be as good as the information you provide. To get the most out of them, you need to be forthcoming with information. For instance, ship them a prototype to help them understand what your patent is all about.
Ensure that you get everything in writing. Don’t rely on verbal agreements. If it wasn’t written, it didn’t happen. So you need to detail the expected services, billing terms and deadlines.
If you feel like they’ve overcharged you for their services, bring this up immediately. You can discuss alternative billing arrangements if the current one won’t suffice. Once again, document the outcome of these conversations.
List all the questions you have for your IP lawyer in an email. This will prove to be a more cost-effective way to interact with them than through a phone call. Remember, as you’re rambling on about all the clarifications you need they’ll still bill you by the hour. Emails also provide you with documentary proof in case any areas of contention arise in the future.

Curb Infringement to Win Big

If you’re looking to protect and manage your IP, then securing it with patents, copyrights and trademarks is a necessary part of running your business. Regardless of the type of IP you have, getting the best intellectual property attorney who’s ready to go to bat for you when another party infringes on it gives your business an edge over its competitors.

Additionally, they can help you recoup damages that could run upwards of tens of thousands of dollars. Either way, it’s a win-win for your business.

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Best Personal Injury Lawyers in Midland, TX

Legal Assistant October 21, 2019Personal Injury Law, Personal Injury Lawyers Leave a Comment

When it comes to getting fair compensation for your injuries, it all boils down to choosing the best personal injury lawyers in Midland, Texas to represent you. It could be the make or break for your case, so you need to approach the selection process with caution.

Some lawyers don’t advertise while others have their faces plastered on every billboard in town. Some work out of small offices downtown while others prefer sleek decked-out offices in high-rise buildings.

Some attorneys limit their area of practice to car accident injuries while others prefer to work on medical malpractice cases only. With so many lawyers to choose from, the decision can be overwhelming, especially if your quality of life after the injury depends on it.

So, how do you choose the right one? This article explores some fundamental questions you need to ask every personal injury lawyers in Midland to know if they are right for you.

Questions to Ask Lawyers – Midland TX

The best time to ask questions relating to your case is during the initial visit to the attorney’s office. Most lawyers in Odessa, TX, and Midland, TX don’t charge for the first consultation.

So, it’s a great opportunity to speak to several lawyers and explore which firm will be the right fit for your case. Here are some of the questions you should ask:

1. Are you a board-certified Midland personal injury lawyer?

While board certification doesn’t equate to performance, you need to be sure that you are working with an expert. A board-certified personal injury lawyer – Odessa or Midland tells you that they went through the rigorous state bar examination and qualifies an expert in trial law.

2. On average, how many cases do you handle that go to trial?

Statistically, only about 3% of personal injury cases go to trial. All the rest are usually settled out of court. The number of trials an attorney has handled in the past matters in the context of the nature of the injuries you sustained in your accident.

Some attorneys specialize in complex multi-million-dollar lawsuits that are often battled out in court. Midland medical malpractice lawyers, for instance, will usually have a higher number of trial cases under their belt than say, a car accident lawyer in Odessa TX.

Slip and fall claims, and car accident cases are more likely to be settled out of court if the victim is badly injured. Insurance companies would rather not risk putting up a severely injured victim in front of a sympathetic jury and risk paying out millions of dollars in settlement. So, they’ll usually offer up an attractive settlement to avoid going to trial.

3. How often do you get “policy limits” from insurance companies?

If you are not badly injured, but your insurance company has made you a lowball offer, this is an important question you need to ask your attorney. Their success rate in getting the maximum amount available on an insurance policy is an indication that they are likely to get you the same results in your claim.

4. How many cases are you currently handling?

A law firm’s caseload is a good indicator of whether they’ll be able to accord your case the attention it deserves. You need to find out how many cases they currently have and how many each attorney is handling.

You also need to ask what level of administrative support they have. Sole practitioners, for instance, usually handle small cases that revolve around family law, and preparing wills. They might even take on the occasional car accident claim.

However, they usually handle all cases themselves with little to no administrative support. If you have a straightforward claim and would rather not deal with the insurance company directly, sole practitioners are a great alternative. Make sure that they aren’t handling too many cases, though.

In medium-sized firms, a less experienced attorney working under the supervision of the senior counsel will most likely handle your case. They have a higher level of administrative support. That way, attorneys can take on more cases.

Other law practices like that of an oilfield injury lawyer or a product liability attorney are highly specialized. Their caseload will usually be lighter since each case is time-consuming and requires a lot of input.

5. If you take on my case and can’t reach a settlement, will you go to trial?

When choosing a lawyer to represent you, they should do everything in their power to get you the compensation you deserve. Find out if they have the resources and willingness to take your case to trial if they can’t settle.

Also, find out if they have the expertise required to handle appellate court cases. This will come in handy in case the insurance company decides to appeal the court ruling.

6. Will you communicate every offer made by the other party?

You need to be sure that your attorney will communicate every offer that the insurance company or the at-fault party makes. They obligated to keep you in the loop at all times and not make any decisions on your behalf before consulting you.

7. How much will your attorney fees cost?

Before you retain an attorney, you need to establish how they get paid. Be clear on who’s responsible for footing the administrative costs like court filing expenses, printer costs, photocopy charges, deposition costs, etc.

Most personal injury lawyers are paid on a contingency basis. This means that they calculate their fees as a percentage of the total damages they recover on your behalf. If they lose the case, you won’t owe them any money.

Explore Your Options

Choosing the best personal injury attorney is a laborious task. However, it’s one of the most important decisions you’ll ever make if you hope to receive fair compensation.

Whether you’re choosing an Odessa oilfield accident lawyer to recover damages from a huge multinational corporation or a car accident lawyer to get you the best settlement from your insurance company, one thing is for sure. You need to ask the right questions to ensure that the attorney you settle for will be able to meet all your expectations.

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Best Criminal Defense Lawyers in Texas – 2019

Legal Assistant October 21, 2019Criminal Law, Resources Leave a Comment

Looking for the best criminal defense lawyers in Texas? Before you settle on one, you should look into some of the strategies they use in their defense, as well as, their track record of wins. The latter is strongly dependent on the former.

This article explores some of the best strategies criminal defense lawyers use to fight criminal charges and secure your freedom. Read on.

Factors That Could Affect a Lawyer’s Choice of Defense Strategy

When working with a criminal lawyer in Houston, Texas, their analysis of the facts in your case will determine the legal strategy they’ll use to defend you. Some of the factors that drive this decision include:

Your explanation of what happened. Any criminal defense lawyer, Texas, will expect full disclosure from you so that they aren’t blindsided by the prosecution
Good criminal lawyers in Dallas, Texas, will also need to take into account witness accounts of what happened at the crime scene. They only choose the credible ones to take the stand if they know it will help your case
They analyze all physical evidence and provable facts related to the case and try to poke holes in the prosecution’s case
They look at the police reports and try to review their credibility
They bring in expert witnesses to provide independent third-party reports and give testimony
They analyze the criminal prosecutor’s history and strategy
They factor in the existing judicial precedent on cases like yours and look into the presiding judge’s history of judgments in similar cases

Criminal lawyers in Midland – Texas, Houston, and Dallas, will then choose a strategy that will give you the best possible outcome in your case. Perhaps, even avoid jail time altogether. Regardless of how damning the evidence against you is, they will weigh all factors presented, to craft a theory that is most likely to succeed.

Get the Best Lawyers to Give You the Best Defense

If the charges you’re facing have harsh penalties attached to them, you can’t afford to take any chances. You need to get the best defense on your team to avoid spending a significant portion of your life behind bars.

If you’re worried about how much the lawyer retainer will set you back, the reality is you can’t put a price on your freedom. Get a lawyer who can accord your case the full attention it deserves, but at a cost that won’t break the bank.

The Best Defense Strategies to Fight Criminal Charges

It’s important to mention here that success in a criminal case is relative. It doesn’t necessarily mean that you’ll walk out of jail a free citizen (although you could). If the charges leveled against you are dire, success could mean getting your charges reduced, or even getting a lenient sentence.

It all depends on how good your lawyer is in fighting those criminal charges. With that said, here are some of the top defense strategies your lawyer might use to prove your innocence.

1. A Case of Mistaken Identity

One of the most common sources of false accusations is erroneous witness identification. If your physical traits just so happened to be similar to those of the perpetrator, it is not uncommon for witnesses to get their facts mixed up. This can be a great strategy to help you avoid prison time.

However, if that is indeed what happened to you and you ended up serving time in prison, getting an expungement lawyer to get your records sealed will give you the best shot at living a normal life.

2. Compelled Confessions

Police have been known to use underhanded tactics to coerce false confessions from suspects. This is especially common in juvenile cases.

They use physical threats of violence, sleep deprivation, starvation, and mental manipulation to get a confession out of suspects. Your lawyer will look for evidence that law enforcement officers used coercion to get you to admit to the crime.

3. Probable Cause

Your lawyer can file a motion to exclude any evidence that was obtained without following due process. For instance, it is illegal for an officer to stop, search, and arrest you without any probable cause.

Any evidence they may have obtained this way would have to be suppressed in a trial. If that was the only evidence they had against you, you might just walk.

4. You Have an Alibi

If your lawyer can prove that you were elsewhere at the time a crime was committed, you cannot be guilty of any crime that occurred during the same period. You would need to get a solid alibi to prove your case.

5. Entrapment

This happens when a law-abiding citizen who doesn’t have any prior run-ins with the law commits a crime after they were coerced or intimidated into doing so. This is common with undercover police operations where law enforcement officers persuade the informant to break the law.

Drug-related crimes, child pornography, and prostitution cases are the most common cases where a drug crime or sex crime lawyer uses entrapment as a defense strategy.

6. Beyond a Reasonable Doubt

You’ll hardly find a DUI lawyer or traffic ticket lawyer using this line of defense. This is because DUI and traffic-related offenses aren’t categorized as serious offenses.

When establishing guilt in both adult and juvenile cases, the threshold for convictions must be high since the consequences involve the potential loss of liberty. So, a lawyer might use this defense to cast doubt on whether you are guilty of the alleged crime.

7. Duress

If a crime was committed by someone who believed that they were facing an impending risk of harm at the time, then according to the law, their actions were made under duress. If the circumstances around the crime prove that you acted under duress, that line of defense might exonerate you.

Get the Best Criminal Defense Lawyer to Secure Your Freedom

Before applying any of the strategies outlined above, good criminal defense lawyers will first try to get your case dismissed before going to trial. This can be done by the courts or the district attorney if you can get a prosecutor to drop the charges.

Can I Sue the Police?

Legal Assistant October 21, 2019Criminal Law, Personal Injury Law, Resources Leave a Comment

“Can you sue the police” is a common question people who’ve had negative encounters with law enforcement ask. The short answer is yes! It is possible and within your rights to sue the police.

Law enforcement officers are not themselves above the law. While it won’t be easy, a lawsuit against the police department is certainly not impossible. This article explores what your options are with regards to pursuing a police lawsuit.

Can I Sue the Police Department for Violating My Rights

The police department generally has broad powers to enforce the law. Nonetheless, there are laws in place that cap how far they can go in carrying out their duties.

It’s no secret that officers have been known to go too far in violating the civil rights of citizens. In such instances, victims have the right to seek legal redress through state and federal laws.

These laws were put in place to protect civilians from government abuse which includes police misconduct. Civil rights laws allow lawyers that sue police departments to pursue punitive as well as compensatory damages as incentives for victims to enforce their rights.

If you’re thinking of suing the police department, you need to prove that the officer demonstrated wilful and unreasonable conduct in the execution of his duties. Sadly, mere negligence isn’t enough to create liability.

How to Sue the Police

If you had an encounter with the police and you believe your rights were violated, there are several things you need to consider. Building a strong foundation for your case is important for your lawsuit to hold up in court.

1. Speak to a Civil Rights Lawyer

Working with an attorney who is familiar with cases that deal with police misconduct could be the difference between your case sinking and gaining traction. These cases are generally complex to try in court. Moreover, if you were charged with a crime that was part of the incident in question, for instance, resisting arrest, police can use this to their defense.

2. Preserve Evidence

If you sustained any injuries in the process, ensure you store any clothes or objects that were damaged during the altercation. You should also take pictures of any injuries you sustained and locate people who witnessed the incident to testify in your case.

3. File Complaints

File complaints with the police department involved, the US Attorney General’s office and the US Department of Justice. It’s important to involve your attorney in the process as the nature of these complaints has the potential to either help or hurt your case.

Can I Sue the Police for False Charges

Not a day goes by without coming across a story of an exonerated death row inmate or an overturned conviction. But, what you hardly hear about is whether or not they were compensated for being wrongfully convicted.

While it is illegal for a police officer to deprive you of your constitutional rights, a lawsuit against them for false charges would have to prove that they didn’t have probable cause to believe that you had committed or were in the process of committing a crime at the time the arrest took place.

Alternatively, you would have to prove that you had a legal right to engage in the activity that prompted the arrest. Consulting with an experienced criminal defense attorney will help steer the process.

Can I Sue the Police for Not Investigating

When someone has wronged you, it is quite frustrating when the police don’t bring the person to book. In the Commissioner of Police of the Metropolis v DSD & another, the Supreme Court judge ruled that victims of a serious crime can sue the police and other state bodies for failing to fulfill their duty to investigate a crime.

A civil lawyer is in the best position to assess whether the crime for which you are a victim of, meets the required threshold to sue the police. On the other hand, if the person was cleared of criminal liability by the police, you have the option to pursue the matter in a civil suit against them.

How to Sue the City

A state resident may want to sue the city for any number of reasons. For instance, you may sustain injuries in a slip and fall in a government building. Or, a pothole on a public might have caused serious damage to your car. Whatever the nature of the incident is, it is within your rights to sue the city and recover damages.

How to Sue a City for Negligence

Suing the government for damages is a lot harder than pursuing a personal injury case against a private entity. But it is not impossible.

While public entities do enjoy certain immunities, they can be held accountable when they neglect their mandate of care to the public. Here’s how to sue a city for negligence:

1. Speak with a Personal Injury Attorney

When pursuing a lawsuit against the city, the last thing you want to do is represent yourself. You could but it’s not recommended. You would be going up against the city’s team of accomplished attorneys.

2. File a Notice of Claim

Before you go ahead and file the suit, you need to serve the city with a notice of claim. That way, the city can try to settle the matter privately and avoid heading to court.

3. Wait for a Response from the City

Sometimes the city will choose to settle the claim after they receive the notice. However, in most cases, they don’t.

4. File a Lawsuit

Your attorney will then proceed to file the lawsuit and serve copies of it to all interested parties. Both sides will be able to gather evidence and interview eyewitnesses during the discovery process. If the city reviews all the evidence against them and concludes that they’ll lose if they go to trial, they’ll opt to reach a fair settlement.

5. Trial

In the unlikely event that you aren’t able to agree on a fair settlement with the city, your case will go before a judge and jury. On the upside, damages awarded at this stage are much higher than settlements.

The Takeaway

Your chances of winning in a lawsuit brought against a police officer depend largely on the nature of the claim. Easier to prove lawsuits include intent, excessive force, and negligence.

Lawsuits that revolve around homicide charges and wrongful death can also deliver a favorable outcome for aggrieved parties. However, this is still hard to do given the rule of governmental immunity. Speaking with qualified and experienced civil-rights and criminal attorneys will help you explore your best options. Here’s our recommended list of lawyers to get you started.

Best Personal Injury Lawyers in Beaumont, TX

Legal Assistant October 21, 2019Personal Injury Law, Personal Injury Lawyers Leave a Comment

The oil and gas industry thrive in Texas. The state’s landscape is dotted with crude oil refineries and plants that provide a livelihood to thousands of workers.

Unfortunately, this is a double-edged sword that cuts both ways. Many of the workers face untold risks in the course of their day to day operations. This becomes more apparent when they stray from state and federal safety regulations. The resulting repercussions can be catastrophic.

Plant and refinery explosions are nothing new in Texas. The state has had a long history of them despite their strict adherence to state and federal safety regulations.

When a plant explosion occurs, it can cause several devastating injuries to victims. This article takes an in-depth look at how the best oil and gas attorneys in Beaumont, Texas can help you if you’re a victim of a plant or refinery injury.

Types of Injuries Resulting from Plant and Refinery Explosions

Workers who fall victim to plant and refinery explosions can suffer a myriad of catastrophic injuries. These include:

1. Shockwave Injuries

The impact of an explosion can send shockwaves which cause blast injuries to site workers. More often than not, these waves affect internal organs like the gastrointestinal tract and lungs.

Injuries to these hollow organs don’t manifest immediately. So, it’s easy for victims to believe that they escaped with a few minor injuries only to develop complications later on.

2. Burn Injuries

Plant and refinery explosions generate high heat. It is, therefore, common for victims to suffer thermal and chemical burns. More often than not, these injuries are excruciatingly painful causing physical disfigurement and permanent scarring.

3. Traumatic Brain Injuries (TBIs)

The force of plant or refinery blasts often causes TBIs to victims. In such instances, brain damage is usually permanent and requires extensive medical treatment. Individuals who have suffered TBIs often have to make a complete lifestyle change which is usually an inferior quality of life to what they were previously accustomed to.

4. Broken Bones and Lacerations

Aside from the brutal force of the blast, explosions also scatter debris in all directions. These could range from small pieces of glass and metal to large hand tools that could cause grievous harm to workers within the blast radius.

5. Wrongful Death

Explosions lead to the release of toxic chemicals, pressure, radiation, and gases that are beyond recommended safety limits. Sometimes it brings with it the accidental release of chemical vapor which may be fatal to workers who were close to ground zero.

6. Environmental Pollution

Plant and refinery explosions sometimes release a high concentration of toxic and acidic gases into the atmosphere. Examples of these are Nitrogen and Sulphur. It gives rise to the phenomenon of acid rain when a washout ends up destroying agricultural and other environmental resources.

What Can a Beaumont Personal Injury Lawyer Do for You?

Lawyers in Beaumont, Texas are well versed in dealing with oil and gas-related injuries. They’ll be able to investigate the circumstances surrounding the accident and assign blame to the negligent party.

Here’s how an oil and gas lawyer can help you in such situations.

1. Beaumont Attorneys Will Help You Recover Damages for Injuries You Sustained

A plant explosion lawyer is well equipped to handle accident cases on behalf of Beaumont refinery accident victims. They understand the damages you are entitled to and know how to go about recovering them on your behalf. There are usually three main areas where a refinery explosion lawyer would be able to seek damages on your behalf.

First, you are entitled to receive compensation to enable you to recover the cost of any medical expenses you have incurred so far since you had the accident
Second, if you missed work because of the injuries you sustained, a Houston refinery accident lawyer would be in a position to help you recover any lost wages
Third, your injuries most likely caused some degree of mental and emotional anguish. Your lawyer would be able to sue for pain and suffering damages on your behalf

The amount of these damages relies heavily on the severity of your injuries. Severe burns, for instance, are one of the most difficult injuries to treat and require long-term and incredibly painful medical care.

These result in high medical expenses and specialized prolonged care. Recoverable damages in these instances will be substantially higher than for less severe injuries.

2. A Personal Injury Lawyer in Beaumont TX Will Be Able to Sue for Wrongful Death Injuries

If a refinery accident led to the death of your spouse, child, or parent you are entitled to sue for all the damages they would have been entitled to if they survived the accident. In addition to these, you are also entitled to damages that you incurred as a result of their death.

This means that you can recover the burial and funeral expenses, loss of companionship, loss of inheritance, and loss of counsel. Settlements in these types of claims are usually to the tune of millions of dollars.

Get Help from the Best Personal Injury Lawyers in Beaumont, TX

It is hard to tell what settlement amount you can expect until you consult with an experienced attorney about your case. Any auto accident attorney in Beaumont TX or refinery accident lawyer will tell you that if you accept a settlement offer from the at-fault party that’s less than what you are entitled to, that effectively, marks the end of the claims process.

You won’t be able to go to court to seek additional damages. Going to court from the get-go will see you get the full amount in damages that you’re entitled to.

What’s more, you can also sue for punitive damages for negligent behavior. This is only possible if you have the best legal representation by your side.

If you have more legal questions, you can also chat online with a Laws 101 attorney who can give you legal guidance on your specific case or question.

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