Archive for October, 2007

How to Choose a Personal Injury Attorney

Wednesday, October 31st, 2007

If you’ve been injured through someone’s negligence, don’t rely on the insurance companies to compensate you. You need a personal injury lawyer who represents you.

The insurance companies have many lawyers, whose job is to make the insurance payout as low as possible.

· They may offer you a quick settlement check
· Don’t accept it
· Don’t sign anything they present to you, without first consulting a personal injury attorney who represents you

Don’t delay
Statutes of limitation vary in length. Personal injury cases can be complex and lengthy, requiring much discovery and much expert testimony on medical questions. So you want to get the process started as soon as possible, to avoid disqualification from an expired statute of limitation.

If you’re severely injured, ask a friend to get it started for you. A friend could collect a list of names and write up a list of questions that you devise together. A friend could even make initial calls and set up interviews for you.

First find some candidates
· Ask your friends if they know of any good personal injury attorneys. They may have stories to tell, either recommending a lawyer or warning you off.
· Look online do a search for personal injury lawyers in your location, and examine their websites.
· Call the Texas Bar Association, or your city bar association.
· Look in the phone book if it’s important to find one very close by.

When you have a list of candidates, start calling them to set up interviews.
You can already start assessing these lawyers when their phones are answered. How does this person treat you? Their degree of courtesy and helpfulness will be important if you choose this lawyer, as you’ll be calling periodically to give information or request it. So you want to choose a lawyer whose staff is professional and helpful.

Ask lots of questions
Have your list of questions written down. As you talk with the lawyer and understand the answers he gives, check off each question. If you don’t understand the answer, ask more questions until you do.
Among your questions, include these:
· How many cases has the lawyer handled that involved the same type of injury as yours? You want to choose one who already has working relationships with the appropriate experts
· Has the lawyer taken any of these cases to trial, and if so, how many, and how many did he win?
· The more he’s won, the more likely it will be that he’ll win for you, because his reputation will be known by the insurance company lawyers.
· Insurance companies would usually rather settle out of court for more money than risk a court case that brings them negative press or an even bigger settlement amount
· Is the law firm offering a “no recovery, no fee or costs” deal? If not, move on. You want a lawyer who’ll cover the costs of investigation and negotiation, and possible costs of a trial, rather than charging you as things proceed. When you obtain a settlement, the lawyer can keep a specified percentage of it to reimburse himself for those costs. This is known as a contingency fee.

Choose an attorney who has time for you

As you interview each candidate, notice whether they seem to respect you. Are they listening to you? Are they willing to take this time with you, to understand your position and injuries? If you get the sense that the lawyer’s too busy for you, move on.

When you hire a lawyer, you’re paying him or her for a service. Why pay someone for shoddy service? You want a person who’ll:
· Establish a clear arrangement with you up front regarding fees and costs
· Return your phone calls promptly
· Keep you updated on the progress of your case
· Provide you with copies of all documents

If you have sustained a personal-injurylawyer.com personal injury and feel you might have a case, contact a personal injury lawyer for a free legal consultation. Some lawyers will come to you, if you’re in a hospital bed, or confined to your home.

Road Traffic Accidents - Are You Prepared?

Wednesday, October 31st, 2007

Would you know what to do, if you have the misfortune to be involved in a road traffic accident?

If you are a driver, then sooner or later, you will be involved in a road traffic accident. Hopefully, not as the main participant.

Here’s a quick outline of the actions required at the scene of a road traffic accident:

Stop your vehicle, and turn off the engine.

Stay calm and do Not Panic. If other people see you panic, then they may start to panic as well, which will only make the situation worse.

Check yourself and your passengers for injuries. Then check the other drivers/passengers involved. Do Not move anyone who may be injured.

Where possible move your passengers away from the roadway, out of harms way. But they should remain at the scene of the accident.

You should warn oncoming traffic (all directions) by activating your hazard warning lights, or setting flares or warning signs.

If it is warranted, call the emergency services and report the accident.

Do Not admit fault or liability for the accident to anyone. Do Not discuss the accident with anyone other than the investigation police officer or your insurance/claim representative.

Where it is necessary, you will need to exchange information with the other driver(s) involved. Gather as much of the following information as possible. This information will be useful in any accident litigation claims, insurance claims and medical evaluations.

You should obtain the following information:
All involved vehicles - name and address of driver/owner, telephone number (or other contact details) insurance company details (policy number).
All involved vehicles - registration number, make, model and colour.
All involved vehicles - any passengers names and contact details.
Remember that the driver of a vehicle may not always be the owner - try to find out.

Witnesses - Very Important, names, address, telephone numbers, and where they were.
If they are other drivers, also obtain their vehicle details.

Basic Details of Accident - Day/date/time, road name/junction, town/county, and brief details of what happened.

Investigation police officer - name, number, division and station address. Also the Incident number (if known).

Damage details - any damage to your own vehicle, and damage to other vehicles, property or persons.

Accident Details - type and width of road, weather conditions, visibility, density of traffic, road surface condition (wet, dry, potholes etc), any comments made by other drivers or witnesses.

If possible, you should draw a sketch of the accident showing such items as:
Road layout
Direction of travel for each vehicle involved
Road signs
Road dimensions
Puddles and mud, glass and debris.
Witness positions
Include anything else you may think is relevant

There is a lot of information required, but if there has been any damage or injury caused then it may be well worth your effort to obtain as much information as possible, at the time of the accident. If you leave it until later, then details may be forgotten. All of this information will be of use, if the other people involved should decide to take legal action.

Make a note of the information that may be required and keep it handy, in your vehicle. It may save you an awful lot of trouble.

David Barnard is a professional personal injury accident investigator. If you would like a free ready made Accident Advice Form, complete with information notes, and space for your answers and drawings, please go to accident-claimz.co.uk accident-claimz.co.uk and you can download a copy from there.

How To Copyright Sound Recordings

Wednesday, October 31st, 2007

If you are trying to register any type of sound recording you should follow the copyright process as explained here. Sound recordings can generally be described as any recording of music, drama or lecture.

The first step is to make sure that what you are registering is a sound recording. In addition to the listed items above sound recordings can be “works that result from a fixation of a series of musical, spoken, or other sounds but not including the sounds accompanying a motion picture or other audiovisual work”. It is important to understand the difference between a sound recording copyright and a performing art copyright. The sound recording copyright is intended to be used to copyright a recording and the words underneath. A sound recording copyright is also appropriate for a kit that includes written material with a sound recording of some kind. For example a lecture on tape that includes a workbook would fall into this category under multimedia kits.

The second step is to put together a package including either a form. A check for $30 made out to the “Register of Copyrights” and a non-returnable copy of the materials that are being registered. The form SR can be obtained at the copyright offices website at www.copyright.gov

How to Obtain a Workers Compensation Settlement

Wednesday, October 31st, 2007

In my opinion, our justice system should not be abused by people who are just looking at to make a quick buck. However, there are times when people get injured and really deserve money for their injuries. I know because I was crippled on the job. I would be penniless today if not for my workers compensation settlement.

In my state, the worker’s compensation commission is notoriously pro business. Those who are in charge of the commission avoid giving decent workers compensation settlements whenever they can. I was offered a pittance when a broken machine chopped off my hand. For my troubles, I was only offered $10,000 dollars and an early retirement.

The commission in charge of the settlement workers compensation in my state refused to even acknowledge the fact that my boss was negligent. After all, the factory I worked for did not have the necessary safety equipment. I had no choice but to hire a lawyer. I was a bit hesitant at first because I did not want the trouble of a lawsuit. However, it seemed like the only way that I had a chance of getting justice. Fortunately, it turned out that I was right. I never would have gotten a decent workers compensation settlement if I had not hired a job injury attorney.

It was a good thing that the juries tend to be pro-worker when I was trying to get a workers compensation settlement through the courts. The average members of a jury probably know what it is like to work under a negligent boss because they are usually taken from the working class. This means that they are more receptive to workers compensation settlement claims.

The opposing lawyers will usually try to scare you into settling out of court. They will argue that they are the best lawyers, which they are. Nevertheless, it is still possible to get a good workers compensation settlement through the courts, even if you are against very good lawyers.

You should not give in to whatever the industry bosses might say because you have a right to a workers compensation settlement for your injury. There is a good chance that you will get a settlement that is more generous than anything you would be offered if you have been wronged and you have a decent attorney. You have to make sure that you get a fair settlement if you choose to settle your claim outside of court.

Morgan Hamilton offers expert advice and great tips regarding all aspects concerning

Preparing For Immigration Reform Now

Tuesday, October 30th, 2007

On Thursday, May 25, 2006, in a historic vote, the U. S. Senate passed the most significant immigration reform law in 20 years. This comprehensive immigration reform bill addresses 3 difficult problems: 1) securing our borders 2) creating a temporary guest worker program to address labor shortages and 3) what to do with the estimated 12 million undocumented immigrants in the country.

The bill now goes to the House/Senate conference committee where it must be reconciled with the House bill which was past last December. The House bill only deals with the first issue: “securing our borders″. It is “enforcement only”. The rationale behind it is that first we need to reassert control over our borders. It proposes to build a 700 mile fence along the border with Mexico, adding 6,000 new border patrol agents, and it makes “unlawful presence in the US” into a felony. It also calls for more “interior enforcement” that is cracking down on employers, who employ undocumented workers. It raises the maximum fine for knowingly employing an undocumented worker from $10,000 to $40,000 and it includes criminal sanctions for repeat violators. The Senate version also calls for stiffer enforcement in the workplace, doubling the penalties for employers from $10,000 to $20,000.

The Bush Administration has proposed two new reforms to insure that employers are employing workers who are authorized to work in the US. First, they have proposed that employers be allowed to keep I-9 employment authorization forms electronically in digitized form. This would save space and also aid in searching them. Second, they have proposed new procedures for employers setting forth their duties and responsibilities when they receive “Social Security mismatch” letters, indicating that their employees social security numbers and names do not match with their account. The regulations will establish safe harbor procedures for employers. However, they will also target employers for enforcement procedures if they repeatedly receive the mismatch letters. Hopefully, Immigration reform will be approved this year and they will be able to legalize those workers whose documents are not appropriate. However, if a new law creating a temporary worker is not approved, employers must be prepared to deal with the increased workplace enforcement which is expected.

Regardless of what the final immigration reform bill looks like or even if no bill passes at all, one thing is certain - there will be increased enforcement of employer sanctions. Just as the IRS made all employers into deputy tax collectors, Immigration is making employers deputy immigration inspectors, by requiring them to complete form I-9 for all employees and also by now requiring them to verify the accuracy of their employees’ social security numbers when they receive “mismatch letters” from the social security administration. The immigration reform bill has proposed the creation of an electronic data base for employers to verify their employee’s social security numbers. Enforcement of employer sanctions has already increased and will increase substantially.

At this time, it is uncertain what the final immigration reform bill will look like or whether it will pass at all this year. However, one thing is certain - there will be more enforcement in the workplace, with or without a new law. Right now, due to all of the political pressure, Immigration has already started to enforce the existing laws more vigorously. Therefore, it is incumbent upon all employers to conduct a “preventative internal I-9 audit” now, before they are audited by the government. Employers are required by law to complete a Form I-9, Employment Verification Form, for all of their employees at the time of hire, certifying that they have reviewed the employees documents and that they are authorized to work in the US. This is required for all employees, even native born US citizens. Further, if an employee’s work authorization expires, the employer is required to fill out a new I-9 form with the updated information. Failure to do so may subject the employer to civil and criminal penalties.

For further information on conducting a preventative internal I-9 compliance audit, contact Eli M. Kantor at (310) 274-8216; ekantor@beverlyhillsimmigrationlaw.com or dreli173@aol.com; or go to our website at beverlyhillsimmigrationlaw.com www.beverlyhillsimmigrationlaw.com or our blog at www.beverlyhillsimmigrationlaw.blogspot.com

I am an attorney in private practice in Beverly Hills, California. I represent employers in all aspects of labor and employment law, including cases involving wrongful discharge litigation, employment discrimination, sexual harassment, wage and hour laws, independent contractor status, employee handbooks and personnel practices, NLRB representation elections, union contract negotiation and grievance/arbitration, ERISA and Pension Trust Fund matters, construction labor law, entertainment labor law and immigration law. I received my B.A. Magna Cum Laude from U.C.L.A. in 1973 and my J.D. in 1976 from Loyola Law School. I was a Trial Attorney at Region 21 of the National Labor Relations Board from 1976-1980. Since 1981, I have been in private practice in Beverly Hills, specializing in Labor and Employment Law. I have lectured at U.C.L.A. Extension at the U.C.L.A. Institute of Industrial Relations, and at numerous continuing education programs on employment related topics. I have conducted numerous seminars on Sexual Harassment Prevention Training.

Florida Insurance Lawyers

Tuesday, October 30th, 2007

A jet airline has some engine trouble. The pilot instructs the cabin crew to show the quick demo for an emergency landing. A few minutes later, he asks the crew if everyone is ready. “All passengers are ready, Captain,” comes the reply, “except one lawyer who is still going around giving out his business card.” Though just a joke, this illustrates the importance of insurance lawyers.

If a person’s life or material property is damaged due to someone else’s negligence, and if the person has insured his life and his property, the insurance company offers an insurance compensation to the person.

If there is any dispute over this, insurance lawyers help the client by handling the issue.

Let’s take an example. Graham is a good driver. Somehow his car hits the car being driven by Benson on the highway. The latter’s car gets damaged. Benson demands an immediate settlement.

Such is the situation where insurance lawyers need to be consulted. By law, Benson cannot force Graham to pay anything without legal proceedings. Usually the insurance company, with which Graham has insured his automobile, would pay the damages. But before doing so, an insurance broker or an insurance lawyer will analyze the circumstances in which the damage occurred.

In the above example, the most important part of Graham’s job would be to consult an insurance lawyer. It is important that Graham seeks a lawyer, and never the other way round. A lawyer’s soliciting a client is against the law according to the Florida Bar Association, which regulates the function of all certified insurance lawyers in Florida.

The Florida bar publishes several pamphlets of information for the benefit of consumers. One of these is “What to do in Case of an Automobile Accident.” It is available in English and Spanish. Their official website, www.floridabar.org, is an excellent resource for locating insurance lawyers in Florida.

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California Boat Lemon Law

Tuesday, October 30th, 2007

If you purchased a defective boat that is covered by a warranty, you are protected by the same laws that cover cars, bikes, RVs, computers and many other items in California – the California Boat Lemon Law. This means that sellers are discouraged from selling boats that will break down soon after purchase. the California Boat Lemon Law is considered a form of fraud protection.

It is important to retain the bill of sale from a seller when buying a boat. This holds true even if the boat is secondhand. If the boat is used, you should also obtain an evaluation statement by a qualified expert. A good mechanic should check out the engine, the hull’s integrity and other aspects important to a boat.

The statement the mechanic gives you after this ‘diagnosis’ should outline the condition of the boat at the time of purchase. The owner owner should give you a written assurance that the boat is seaworthy and will not develop serious problems within a certain period of time. This period can be mutually agreed upon.

You cannot exercise ‘lemon’ rights for a boat if you bought it without having its defects highlighted. This will release the seller from any responsibility by what is legally called ‘caveat emptor’ – you have bought the boat with all present and future defects.

If the boat is new, it should come with a warranty that includes a money-back option. If it is a replacement/repair-only warranty, you may have no recourse but to settle for another lemon.

e-californialemonlaw.com California Lemon Law provides detailed information on California Lemon Law, California Computer Lemon Law, California Boat Lemon Law, California Lemon Law Attorneys and more. California Lemon Law is affiliated with i-lemonlaws.com Boat Lemon Laws.

Road Traffic Accidents

Tuesday, October 30th, 2007

Regrettably, most of us will experience a road traffic accident at some time in our lives. If you are involved a road traffic accident, even if you are fortunate enough to not be injured, there is valuable advice you should follow including things that you should and shouldn′t do.

If you, a friend or a loved one is unfortunate enough to suffer a personal injury from a road traffic accident, you should consult a personal injury solicitor

Don′t Move!
If involved in a road traffic accident resulting in injury, or sizeable damage to your vehicle, don′t move from the scene of the accident until the police arrive and advise that you’re ok to leave. If you’re in any way unsure about the ‘quantum’ or amount of financial damage caused by an accident; take care of your actions as these can impact on any claim you make and affect any testimony you may have to make in court.

Seek Medical Help
Has someone been injured in the road traffic accident? Are you or anyone at the scene trained first aid? Then get them, or yourself to the injured immediately. Ensure that injured person isn’t moved. Instruct the nearest person to contact the police and report the accident. Giving details of who is injured, how many persons are involved so that suitable emergency help is dispatched. Do what you can to warn and divert oncoming traffic away from the accident using hazard lights and any warning triangles available.

Collect Information
Whether a road traffic accident, or any other type of accident, be sure to detail the following information about:

A. Any witnesses details including:

i) name ii) address iii) telephone number.

B. The other drivers details including:

i) name ii) address iii) insurance details iv) license plate and vehicle information

C. Location of the accident including:

i) where the accident happened ii) road conditions iii) speed limits iv) traffic signals v) weather & lighting conditions.

D. Police officers details including:

i) police officer’s number ii) an incident number iii) an accident report. The office should be happy to furnish you with this information.

E. Accident details including

i) how the accident occurred ii) direction of travel of the vehicles involved in the accident ii) what the cars were doing at the time of the collision.

Keep these notes safe as they may be required if you have to go to court.

Don′t admit liability
In many road traffic accidents liability may seem clear, but in the shock of the situation it’s safer not to admit liability. A number of factors which may have played a role in the accident may come to light after investigation which may lay the liability at the door of the other driver.

The only statements you have to make is to the police and no-one else as this may affect a testimony you may have to make at a future date. Only detail the facts to the police and they will assess the information at hand themselves in their report.

Seek Medical Attention
However minor you injury, to seek medical attention makes sense as a simple bruise may lead to internal bleeding for example if not checked out by a professional. Getting a handle on the severity of the injury at the time will also help you in any road traffic accident claim you may decide to put forward.

For example, if your injuries are not reported immediately the other driver may argue that the injuries sustained are not related to the accident and happened before or afterwards.

Typically, shock and adrenaline caused by any accident can hide the true symptoms of your accident.

Be sure to give the medical practitioner as much information as possible about how you’re feeling as a result of the road traffic accident including:

i) loss of memory ii) headaches iii) blood or fluid in your ear iv) dizziness v) ringing in the ears vi) disorientation vii)nausea viii) confusion or other unusual physical or mental feelings

To prevent the onset of a concussion or other head and brain injuries do not avoid speaking to a medical practitioner or a doctor.

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If you need advice or would just like to speak to someone, please don’t hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Road Traffic Accidents specialists.

ClaimsMasterGroup.com/ ClaimsMasterGroup.com

Julian Hall is the Director of Claims Master Group.

The Personal Injury, Accident Claim, No Win No Fee, Road Traffic Accidents specialists.

Are Regulators Trying to Set Prices?

Monday, October 29th, 2007

Is The Securities and Exchange Commission trying to regulate price control? It appears that they are as they develop more rules and regulations on how the securities industries may charge their customers and the type of disclosures that must be made. Is it really the SEC’s job to regulate prices? What happened to free markets and why should the government intervene in something they clearly do not understand?

Although the rules and regulations have changed at an alarming rate in the last four years since Sarbanes-Oxley they can′t keep up with all the new changes that the industry is making in the marketplace nor should they try. When they make one rule all they have really done is given them selves job security to keep making rules upon the rules that they have already made.

We need de-regulation of the securities industry because the overregulation, which is destroying our markets. It is inciting too many lawsuits and now there are too many lawyers in the boardrooms and accountants that are making the decisions rather than the decision-makers and executives of the companies.

If public companies are beholden to the shareholders and of course their customers and the labor and the regulations and the accountants and the lawyers then everything they do is a giant compromise and therefore this is why they cannot compete in world markets. The decisions made do not serve anyone since they attempt to serve everyone to no avail.

Most of these issues such as outsourcing, off-shoring, corporate malfeasance and the stock market drop have been caused by government regulators and these are government regulators who have never had to make a payroll in their entire lives. In fact they are borderline socialists and they have no business running a capitalist nation or being engaged in the regulation of free enterprise.

I certainly hope this article is of interest and that is has propelled thought. The goal is simple, to help you in your quest to be the best in 2007. I thank you for reading my many articles on diverse subjects, which interest you.

“Lance Winslow” - If you have innovative thoughts and unique perspectives, come think with Lance WorldThinkTank.net/ WorldThinkTank.net/. Lance is a guest writer for ourspokanemagazine.com/ Our Spokane Magazine in Spokane, Washington

New York Asbestos Lawyers

Monday, October 29th, 2007

Asbestos is a mineral form of impure magnesium silicate. It is mostly used in large industries as fireproofing material, electrical insulation, building material, brake linings and chemical filters. Asbestos has been established as the sole cause of mesothelioma, a type of cancer found rarely in the general population. It is observed that exposure to asbestos is the only known cause of mesothelioma. The state of New York is one of the leading commercial cities of the world and there are a lot of manufacturing, printing and shipping companies in this city. In earlier times, many industries in New York used asbestos- containing materials, and due to the exposure to it, a number of workers were diagnosed with mesothelioma, lung cancer and asbestosis. New York asbestos lawyers represent people working at the city?s shipyards, powerhouses, plants and construction sites and suffering from diseases caused due to breathing asbestos dust on the job site.

The first claims of damage caused by asbestos exposure, in New York were filed in 1929. That was the time when the dangers of such exposure were first observed. Since then, there have been many asbestos lawyers filing lawsuits on behalf of various workers such as plumbers, electricians, insulation installers and pipe fitters against the manufacturers of asbestos products. Asbestos lawyers charge claims of negligence, design defect and failure to warn against the manufacturers. They have to be necessarily very well experienced in such cases and also be familiar with the manufacturing sites in the area and the materials used at these sites.

Some asbestos lawyers also represent people who are diagnosed with these diseases though they are not exposed to asbestos at their workplace. They help such clients by investigating their case in detail and determining the possible sources of their asbestos exposure.

New York asbestos lawyers endeavor to provide prudent legal advice to their clients and help them earn compensations worth millions of dollars towards the damages suffered by them. These damages include the medical expenses undergone by the workers for the treatment of their illness. There have asbestos lawyers in New York who have managed to get in excess of 250 million dollars in compensation for their clients.

e-NewYorkLawyers.com New York Lawyers provides detailed information on New York Lawyers, New York Personal Injury Lawyers, New York Real Estate Lawyers, New York Bankruptcy Lawyers and more. New York Lawyers is affiliated with e-newjerseylawyers.com New Jersey Business Lawyers.