Legal Bugle

According to the book of law the term Personal Injury is explained as any injury which has occurred to the body or mind of an individual. It can also be described as an injury which has occurred due to the negligence of another person. These cases can include the defamation torts also. The damages are included which can be mentioned as bodily injury, NIED (negligent infliction of emotional distress) and IIED. They are also termed as damages occurred due to clinical inattention or industrial environment causing diseases etc.

Personal injuries claim is referred to as compensation with respect to either the mental or physical harm which has occurred due to an accident which might not be intentional in nature. The reasons could be many for claiming, but some of them which can be highlighted are recovering the cost of the damage which has occurred due to the negligence of the other person, for reimbursing the amount which has been used in the treatment of any disease which was caused by the inefficient working of doctors etc. Another important reason why people go for the claim is to get the justice which will be denied if they don’t seek the help of the judicial system.

For seeking the perfect guidance with respect to personal injury, one can consult and choose the services offered by many websites such as mayiclaim.co.uk which facilitates the details with respect to personal injuries claim. Let’s try to find out the process of handling the claim process.

1. Interact with a claim consultant
One is really unaware that what’s going to happen next. So when you get into that situation you keep on searching for the help. Best help you can get is from a claims consultant with respect to the claim. Interact with him and check what can be the best way to file the claim for the injury and how they can help you out with it. As and when you are going to interact with the consultant. You would need to patiently answer his queries for a seamless claim settlement.

2. Evidence of the injury
You should be sure that the injury occurred due to the accident and for that you should have evidence. Because based on possibilities and assumptions no claim could be recovered. So be sure to consult a physician and have the report which proves that the injuries have occurred due to an accident. You should have the X-ray copies, doctor’s report and also if possible get some snaps or photographs of the accident area.The evidence needs to be full proof.

3. Cause of the accident
Once it is proved that an accident has caused the injury then your solicitor can handle the case and prove that the accident occurred due to the negligence of another party,

4. Whether an accident caused the injury
The solicitor will have to prove that the injuries have occurred due to the accident and they are a result of the negligence of another individual. For this the supporting documents of medical injuries will prove to be appropriate.

Once the evidence and other relevant documents have been submitted, you would need to submit the original insurance certificate which proves that you are insured within the specified period. Following this upon verification, survey and approval of the claim you would need to furnish your bank a/c details so that the claim amount can be directly transferred to your account (cashless claims) or alternatively you could be issued with a bank cheque.

Just because you have the right to an attorney doesn’t necessarily mean that you can afford one, or even that you need one in order to file minor lawsuits (small claims, for example). In some cases, such as suits for under $25,000-50,000, it is even advisable to go it alone since hiring an attorney could end up costing you more than you stand to make on a settlement. Of course, sometimes it’s just about the principle of the thing, but if you’re looking to recoup costs for medical bills or other expenditures and you actually need the money that will be granted by a settlement, you can’t really afford to give it all to a lawyer. Whatever your reasons for wanting to proceed with your lawsuit sans professional legal representation, there are a few things you’ll need to know so that you have the best possible chances of success. Here are a few tips to get you started.

1. Use free legal resources. Before you file your suit and head to court you should know that there are many legal resources at your disposal that will cost you nothing to utilize. For example, many campuses will allow the public to use their law library (although you may not be able to check books out). And you can use websites like Docracy and FreeLegalForms.net (amongst others) to get free templates for legal documents. You might even go to FreeAdvice.com to seek advice from a community of attorneys and other legal professionals, or use LawHelp.org to find free or inexpensive legal services in your area for document creation or other things you may not be able to do on your own. Your local bar associations can also provide you with access to resources available to you.
2. Be aware of dates and deadlines. Knowing the precise timeline where legal actions are concerned is the biggest issue for most people who choose to represent themselves in court. You need to know the statute of limitations for filing your type of claim, how long you have to file specific documents, the amount of time between filing, receiving responses, filing your own responses, and so on. In short, there are all kinds of dates and deadlines you’ll need to be aware of from the time you file the suit until you have your day in court.
3. Learn the proceedings. Before you go to court you’ll need to gather evidence to support your claim, so try to get together any documentation that you think a judge may ask for throughout the course of the trial. And once you’re actually in court it’s important to follow standard protocols (like calling the judge “your honor”, addressing only the judge or the witness on the stand, etc.) and proper procedure (for opening statements, witness examination, cross examination, presentation of evidence, closing arguments, etc.).
4. Hire a coach. Let’s face it: unless you’re a lawyer, representing yourself in court is going to be pretty difficult. However, that doesn’t necessarily mean that you need to secure outrageous lawsuit loans in order to get the best defense. What you can do instead is hire a legal coach, which is basically a lawyer that can advise you piecemeal throughout the process, answering questions and helping to make you aware of your obligations. With this strategy you will still have to pay, but it could require as little as about 10% of the cost of hiring a lawyer outright to handle your case. And you’ll still have access to legal expertise should you need it.
5. Consider arbitration. If you’re committed to representing yourself, you might want to consider arbitration instead of a lawsuit. Since each party simply presents their side of the case to an arbitrator, the process is much less formal. This means you won’t get to see the inside of a courtroom, but you’ll also avoid a lot of hassle and expense in the process and still obtain a legal ruling.

When you read books or watch movies and TV shows that feature hard-boiled private investigators like Sam Spade, Phillip Marlowe, Sherlock Holmes, and Thomas Magnum (just as a random sampling of fictional faves), you might get the wrong idea about what it is, exactly, that these professionals do in real life. The truth is that they basically carry out grunt work. They do research and surveillance for their clients, often in an attempt to prove that a third party is engaged in some kind of illicit or immoral activity. They may try to catch one spouse cheating on another, or they might be hired by a lawyer in a divorce or child custody case to “dig up dirt” on the opposing party as a way to tip the scales in a legal battle. But they are not police, they are not the government, and as such, they have extremely limited legal powers. So whether you’re looking to hire a P.I. or you want to discredit one that has produced evidence against you, here are a few legal limitations that you should know about.

1. Wiretapping. Even the government, the police department, and other legal authorities need a warrant in order to tap someone’s phone or bug their house, and the standards for receiving such warrants are extremely high. So if you’re wondering whether or not private investigators are allowed to do this, the answer is a definitive and resounding no. As stated in the Federal Wiretap Act, which protects privacy in communications, it is illegal to intentionally “intercept, disclose, or use the contents of 1) any wire, oral, or electronic communication 2) through the use of a device”. This means that not only is it illegal to listen and report on private conversations, but it is also illegal to record them without the speaker’s knowledge (unless, of course, you have obtained a warrant).
2. Financial reports. There are laws in place to protect financial reports like bank statements and credit reports. So while a P.I. might certainly try any number of tactics to get such reports (such as lies and trickery), they cannot, in most cases, obtain such information legally without the express permission of the person to whom they pertain. In fact, any use of “pretexting”, or gathering consumer financial information under false pretenses, is forbidden by the Gramm-Leach-Bliley Act.
3. Invasion of privacy. Private eyes have to tread lightly if they want to avoid getting slapped with a lawsuit for invasion of privacy by the targets of their investigations. Entering private property, using hidden cameras, and even photographing or video-taping in public could constitute the invasion of a person’s privacy, and if a P.I. should be caught in the act, charges may be brought against him.
4. Defamation. P.I.s often walk a thin line when it comes to the information they provide. Just because they snap a photo of a husband kissing a woman who is not his wife doesn’t mean that an infidelity has occurred, regardless of how it might look. And while defamation can be difficult to prove, it’s not outside the realm of possibility that a disgruntled target will sue anyway.
5. State-by-state. Whether you’re looking for private investigators in Los Angeles or you want to find New York City detectives at PvtEyes.com, you should know that laws concerning this type of detective work can vary from state to state. Although there are overarching federal laws in place to limit the extent of what P.I.s may do, states can also make their own laws to stop these professionals from overstepping their bounds.

Higher education has always been regarded as the pathway to a lucrative and dependable career. The research shows that those with bachelor’s degrees enjoy a higher quality of life, and every step up the graduate ladder increases the comfort significantly. But it appears that law school graduates today aren’t enjoying the same sort of success. A career in law is often well-respected, and considered a guarantee of financial success. You’ll work hard, burning the candle at both ends for weeks at a time, but you’ll be well compensated for your dedication. But times are changing. According to a recent report, eighteen class action suits have recently been filed against law schools. And those doing the suing are the graduates themselves.

The class action suits each allege that the universities in question promised employment rates that have not been realized. The law school graduates of programs including Southwestern Law School, Golden Gate University and the Thomas Jefferson and California Western Schools of Law declare that promises were made to them prior to choosing to attend these schools, practically guaranteeing employment after graduation. Southwestern actually promoted the fact that 97% of its graduates would find a full-time position less than a year after graduation as long as they pass their bar exam. Such is not nearly the case. The Wall Street Journal recently published a study that found upwards of 50% of graduates from law school programs aren’t currently employed in the legal field.

It’s an issue of numbers. The fact is, there are more graduating law students than places to employ them. According to numbers uncovered by the Guardian UK, more than 170,000 people took the LSAT during the ’09-’10 school semesters. Today, attendance has plummeted more than one-third, and applications submitted to law schools across the world are dropping significantly. Perhaps word is spreading that this degree isn’t the guarantee of stability and success that it once was?

Law students rack up six figures in student loan debt to attain their degree, only to end up toiling away in minimum-wage temporary jobs all too often. But even landing a spot at a law firm or a clerkship isn’t the payday that it once was. The median salary for an attorney just out of school has dropped $12,000 in the past three years, to $60,000. That’s nothing to sneeze at. But it’s a far cry from easy street, especially with huge student loan payments weighing these graduates down each month.

Things may potentially get worse as well. According to a statement from the CEO of California’s State Bar Association, this disconnect between the current hierarchy and emerging legal talent will impact how law is practiced all across the country. For example, many firms are now using the internet to handle simple legal questions for smaller clients. That work used to go to a junior attorney with a master degree in law. Even the research positions are disappearing, as the ease of the Google search replaces long hours spent in legal libraries. It remains to be seen if the class action suits are taken seriously. But it is a wakeup call for college students, to think long and hard about the present and future of their chosen industry, not just its prestigious past.

The resale of digital goods has now been named unlawful in at least one case, as a New York federal judge recently ruled that the actions of a small company infringed on the copyrights of larger record companies. Digital music sales and sharing have been complicated and controversial for years, and this ruling has set a precedent that could have serious implications for the digital media economy.

ReDigi, the company in question, launched in 2011 with a service that allowed users to upload and sell music files that they had purchased from digital music retailers. Company claims stated that the technology was set up in such a way that the original file would be deleted once a copy hit the market for sale, ensuring that limitless propagation would be impossible. Naturally, many people eyed this new technology with no small amount of skepticism. Some of the skeptics were the heads of major record companies, and ReDigi was sued by Capitol Records for copyright infringement less than a year after the start-up’s launch.

At the root of this case’s controversy is the first sale doctrine. Under this legal principle, any individual who owns a copy of a copyrighted work is free to resell it. We see this every day. People buy and sell used books, used records and pre-owned prints of art work on a regular basis with no legal ramifications. ReDigi’s argument is that digital copies of music should be treated the same way, but the law was unsympathetic.

Judge Richard Sullivan declared that the company had infringed on Capitol Records’ copyrights by distributing unauthorized copies of intellectual property over the internet. Sullivan likened ReDigi’s business model to making cassette recordings of vinyl records for resale. ReDigi was naturally in opposition to this ruling, and intends to appeal the decision in the near future.

If ReDigi’s technology is as sound as it claims to be, then it should offer a degree of control that other digital music distribution and file sharing utilities have lacked in the past. Central to ReDigi’s argument is the claim that original copies of files are deleted before the file is put up for sale. However, how secure can this technology be? Can ReDigi ensure that a file has not been copied to other media before being uploaded? Can it tell a legitimately purchased file from one that has been illegally downloaded? These are important questions in a complicated issue, but the law has made its decision for now.

Not to be deterred for long, ReDigi is already planning its next foray into the market. While ReDigi 1.0 has been declared unlawful, ReDigi 2.0 and all future realizations of the platform will run on new technology that will have to be evaluated on its own merits.

Opinions are strong on both sides of the issue. This kind of digital sale has obvious consequences for the industry, affecting everyone from the music promoter, to the record company CEO’s, to the artists themselves. Advocates argue that there must be some way to resell digital media legitimately, while opponents remain skeptical. ReDigi has been taken out of the industry for now, and a blow has been struck against digital resale, but the conflict will continue in the days and months to come.

New parents often find themselves struggling to adapt to the changes that a growing family can impose on their lives. Mothers often have a difficult time managing work and family life, especially in the weeks and months immediately following childbirth. Time is needed to recover from such an experience, and mothers need to know the basics of maternity leave laws to find out about their rights with regards to this matter. While paid maternity leave is common in many countries, it is not the norm in the United States. However, there are laws that protect mothers and their jobs during the transition into parenthood.

Up until the late 1970′s new mothers were not treated very hospitably by their employers. The Pregnancy Discrimination Act sought to remedy this problem, protecting the rights of new mothers in the workforce. This law outlines several guidelines for both employers and employees regarding pregnancy discrimination. For example, an employee cannot be fired because she is pregnant, nor can she be forced to take maternity leave. Pregnant employees must be guaranteed the same health and sick leave benefits as any other employee, and they must be guaranteed job security during their leave. This law is meant to ensure that maternity is not treated differently from other kinds of disability leave.

The Family Medical Leave Act, or FMLA, is one of the most important laws in the country with regards to maternity leave. This act has guaranteed new mothers job-protected medical leave from work for up to 12 weeks after childbirth since it was first passed in 1993. Unfortunately, the FMLA does not hold all companies to its requirements. In order to be guaranteed job-protected leave under the FMLA, mothers must work at least 25 hours per week, they must have worked for their company for over 12 months, and the company must employ 50 or more people from the local area. In other words, mothers must have steady full-time employment from a large company for this kind of leave.

In some cases, short term disability can be invoked to cover a mother’s salary while she is away from work on maternity leave. Many large companies and unions offer short term disability benefits for new mothers, as do some states. In states that offer short term disability, a small deduction from each regular paycheck is used to cover the mother’s share of the cost. Employer or union provided short term disability plans often cover the entire cost for the mother. These benefits can usually provide 50 to 100 percent of the mother’s salary during a 6 week period of maternity leave.

It is essential for mothers to understand the basics of maternity leave laws in order to be aware of their rights in the workplace. While employee benefits may not cover California Cryobank fees or daycare expenses, they can often provide financial security during the time mothers need to spend away from work. Laws like the Pregnancy Discrimination Act and the FMLA make sure that new mothers are given the job security and fair treatment they deserve. All pregnant women should get to know the basics of these laws.

Even if you haven’t heard of prepaid legal plans before, you can probably hazard a guess as to what they entail. In some cases they are offered by your employer, but you could also find them on your own, and what you’ll get is a low monthly fee that nets you specified legal services when you need them. For example, you may have access to a set number of phone consultations with a qualified legal authority (although often this feature is unlimited). You may also receive letter-writing or legal calling services, personal or business document review (or even creation), and often, preparation of a last will and testament. Depending on the plan, you could also get access to services related to trials, bankruptcy, real estate, and domestic (spousal or child-related) legal issues. But you will have to pay for these services in advance, whether you use them or not. So are prepaid legal plans worth it?

Think about how often you use legal services now. If you’re like most people, the answer is probably rarely, if ever. On the other hand, you may have several legal issues on the backburner that you keep meaning to attend to, such as creating a will. You might find that you have all kinds of legal questions, as well. Suppose you want to chop down a dead tree in your yard. Is this something you can do on your own or does the municipal code call for a professional to do this task within city limits? You may have an ongoing property dispute with your neighbor, or perhaps you and your spouse are separated and you have queries concerning divorce proceedings. Maybe you have just gotten a DUI and you’re seeking legal representation. Or perhaps the house you bought has problems and you want to know if the previous owners are liable.

The point is that you might find that you have call for a prepaid legal plan when you start to consider its many potential uses. Of course, the general fee for a basic plan (including some document review, document preparation, will preparation, and phone consultations) is around $15-30 per month, and there will be limits on how often you can use certain services, as well as how far those services extend. If you pay more monthly you can likely get more complex services. But you really need to consider the use you’ll get from such a plan. If you rarely have need of legal help you might be willing to hire attorneys piecemeal, and this strategy may or may not save you money in the long run. On the other hand, you might find plenty of use for such a plan if you face pressing legal issues.

In short, whether or not prepaid legal services are worth the ongoing expense depends entirely on you and your legal situation. Like California health coverage or Florida medicare, it’s only really worth having if you’re going to make use of it. But when you get into legal hot water, you might be glad you have a prepaid legal plan to fall back on. Even if you end up hiring a separate attorney to handle your legal issues, having the prepaid plan to fall back on when you need information could save you the cost of calling your paid attorney, potentially saving you hundreds of dollars in billing for simple questions. It’s definitely something to think about.

Donald Trump is known for many things. Lately he has become best known as the face of the popular TV reality series ‘The Apprentice’ (and its spin-off, ‘The Celebrity Apprentice’), but he rose to fame and fortune as a real-estate magnate and gained attention in the media for his vast wealth, his flamboyant style, his outspoken manner, and eventually, his terrible comb-over. However, he’s made headlines recently for another reason altogether. It seems that he has decided to go after cybersquatter J. Taikwok Yung, who has owned four Trump-related domain names for the last several years and refuses to give them up.

Citing the Anticybersquatting Consumer Protection Act, Trump is not only asking that the domain names be turned over to him, but he is seeking maximum allowable damages of $100,000 per incident, for a total of $400,000. However, his legal action is actually a countersuit in reaction to a lawsuit filed by Yung in 2011. The domain names that Yung is squatting on include TrumpMumbai.com and TrumpIndia.com, and he acquired them following Trump’s 2007 announcement of plans to establish branded hotels in these locations. Since then, Yung has used the domains to post critical commentary about Donald Trump, his organization, and his television shows (although he did include a disclaimer to let visitors know that the Trump Organization had not approved the content). Apparently The Donald didn’t take kindly to the whole affair.

As a result, Trump demanded that Yung hand over the domains, which trod upon his well-known name and trademark. Yung responded by filing a lawsuit seeking to retain the domains, calling upon his first amendment rights. And now Trump has filed a countersuit asking for damages. The problem in this case is that the Anticybersquatting Consumer Protection Act protects known entities from squatters that purchase branded domain names with the intent of selling them back to their rightful owners. But according to Yung, he has made no attempt to sell his domains to Trump, although it is unclear why he would buy such domains if he didn’t plan to profit from them. In truth, Yung owns over 200 domain names, many of which are attached to other brands, such as BofAML.com and MLBofA.com, both of which he acquired following the announcement of a merger between Bank of America and Merrill Lynch and Co. in 2009.

So what are the odds that Trump will win his lawsuit? Pretty good, when you consider the facts. Trump clearly has a right to TLDs that bear his name, and even though Yung claims he is not interested in selling, he may not have the right to squat on these desirable domain names. At the very least he could be forced to sell them to Trump, if not turn them over outright. The fact that he is also squatting on other branded domains will likely play a role in the trial. Also working in Trump’s favor is the fact that Yung has decided to represent himself.

The average person couldn’t hope to battle Trump for long anyway, thanks to his financial and legal resources, but this war is likely to be over before it truly begins if Yung fails to retain an attorney. While the self-proclaimed “domainer” does seem to have a knack for name perfection when it comes to nabbing domains, the practice has certainly gotten him into hot water with Trump. And considering that his Bank of America squatting has led to similar legal action, the outcome of his multiple lawsuits could just leave him looking for a new hobby.

Whether it’s their fault or not, one ever wants to experience having a car accident. It’s potentially dangerous and even if you are fortunate enough to come out of it with no physical harm, dealing with all of the aftermath can be financially draining and pretty time-consuming; especially when it comes to dealing with automobile insurance companies.

That’s why we wanted to make the time to provide you with a few of the do’s and don’ts that come with filing an insurance claim. That way, by knowing what to expect, you can make the process much easier.

DO make sure you know what your policy covers. Being that it is illegal in basically every state to drive without car insurance, when it comes to purchasing a policy, oftentimes our focus is to simply get what’s cheapest. However, you don’t want to wait until after an accident happens to find out that you didn’t have the kind of coverage that you thought, so make sure to review your policy before speaking with your insurance agent. (By the way, make sure that your agent is the first call you make after an accident as well.)

DON’T relinquish recorded conversations or written statements until you understand your policy. You have to remember that even in dealing with insurance companies, they are a business; one that is trying to find a way to pay out the least amount of money possible. For this reason, make sure that you are clear about what your policy states. Also be sure to keep in mind that you have the right to refuse to have any phone conversation recorded or to sign any kind of written statement that you are not comfortable with. If for any reason, you are pressured to do either thing, consult with an attorney.

DO make sure to have as much evidence as possible. Depending on how serious the accident was, you may not always be in the condition to take pictures or get the contact information of people who may have witnessed the accident, but if that is at all possible, make sure to get that kind of evidence. It will definitely help you in solidifying your case.

DON’T sign any waivers or releases without the “OK” from legal counsel. You can pretty much bet that an insurance company is going to try and rush to get the matter resolved, even if it’s at your expense. Plus sometimes, if the accident has caused you to be in a financially uncomfortable situation, you might be tempted to accept the first offer they give you. Try and avoid that at all costs until you have received the encouragement from an attorney to do so. The reason why is because there is a pretty good chance that you could get a better settlement by being patient and waiting the process out.

DO be forthcoming with all of the details. No matter how uncomfortable it may be to discuss the details of the accident with your insurance agent, make sure that you do. If you omit certain things and the information comes out later down the pike, not only could that make you ineligible to receive the claim, but it also gives the insurance company the right to deny you future coverage.

DON’T accept final payments unless you’re ready to. Whether it’s an Indiana auto insurance company or one that’s closer to where you live, it’s a pretty standard rule that once you receive a check that says “final payment” on it that your car insurance company has considered the claim to be settled. Therefore, make sure to not accept that kind of a check until you are absolutely ready to do so. Also, remember that in the meantime, you have a contract that that obligates them to give you everything that your policy states. No matter how intimidating they might be to get around certain benefits stated on your policy, hold them to the fine print. That’s what you paid for and so you deserve it.

Most people will have times in their lives when they simply can’t work due to injury or illness. In most cases these events will not unduly hamper our lives. A flu or a broken bone may put you on bed rest and out of commission for a few days, but so long as you have sick time at work you’ll still receive pay for your time off, and medical bills will be covered by your regular health insurance. However, you may end up having to face more serious episodes of illness or injury, possibly in the form of cancer or an automobile accident, that leaves you laid up for a significantly longer period of time, unable to work as you undergo treatments or recuperate. In such cases you will almost certainly want to take advantage of your disability benefits, which can help you to pay the monthly bills during the time that you’re out of work. But in order to get the most of this insurance policy you’ll have to file a claim.

The first thing you need to consider is whether you need short-term or long-term disability benefits, and it’s important that you get it right. If your illness or injury is only likely to prevent you from working temporarily, then short-term disability is probably the better option. Most policies allow for anywhere from about 3-6 months of coverage under a short-term claim (although the exact duration may vary by state, provider, or policy), and you should receive approximately 50-70% of your normal salary while you garner these benefits. In addition, your job will most likely be held in reserve for your return. This is good option if you know that your treatments or healing time will fall within the 6-month mark.

However, long-term disability is also an option in instances where you will be unable to perform the duties of your job for the foreseeable future due to illness or injury. As with short-term disability, you’ll receive about 50-70% of regular weekly pay. The difference is that your benefits will pay out for years to come. Some policies specify that they only provide limited coverage, say 5-10 years. But others may offer benefits until the age of retirement. If you simply don’t know when you’ll be back on your feet, or worse, you will never fully recover, then this is the option to choose when it comes to filing for disability benefits.

Now that you’ve made the most important choice where your claim is concerned, the remaining details are relatively simple to address. These days it could be as simple as going to your state’s government website and finding the forms needed to complete your claim. You may even be able to submit them online (although you can also mail them in). If you need help, representatives are on call to give you the information you need to complete your claim so that can begin receiving benefits. And if, for any reason, you are denied coverage under your claim, you may choose to file a disability appeal. In this case you should consult a lawyer to ensure the best chance of securing your disability benefits. But for your initial claim, there’s no reason you can’t fill out the paperwork yourself (or have a family member do it for you if you’re unable) with the help provided online and from agents with your insurance provider.