Mesothelioma Lawyers Helping The Mesothelioma Victims

Mesothelioma lawyers are legal experts specializing in lawsuits for compensation to mesothelioma victims. Among the many forms of cancer, Mesothelioma is a rare manifestation that attacks the linings of the internal organs. Mesothelioma has a 100% mortality rate and occurs in people exposed to poisonous dust particles emanating from asbestos or related products. Victims of such exposure can hope to be compensated by approaching specialized legal professionals, aptly called mesothelioma lawyers.

Mesothelioma lawyers: A Helping Hand:

Victims of asbestos poisoning can approach mesothelioma lawyers if they want to take legal action against the company or individual responsible for their condition. In fact, many such victims have won lawsuits and financial compensation running into millions of dollars. In some cases, the money recovered has sustained a family for years even after the death of the victim. Mesothelioma lawyers also help to obtain disability benefits and workers compensation for those affected with the disease.

If the exposure to asbestos poisoning was caused by the accused party’s negligence even years ago, a mesothelioma lawyer can still fight for compensation, which might have been denied years ago. Lawyers fighting for asbestos related lawsuits argue the cases as product liability claims under the theories of negligence and strict liability. Generally, a lawsuit is filed against the company, where the victim was employed. Because every affected employee has a unique work history, the attorney must dedicate sufficient time and attention to investigate each case in detail.

Fee Structure of Mesothelioma Lawyers:

Mesothelioma lawyers charge their clients only after the successful completion of a case. This fee plan is called a contingent fee plan wherein a percentage of the compensation received goes to the lawyer as the fee and the lawyers do not charge a fee if the victim does not get a compensation. Normally the lawyers first identify the offending party, and then file the lawsuit in the state where the laws are more pro-employees. This increases the chances of securing a positive verdict. However, in cases of companies are granted immunity under bankruptcy laws, mesothelioma lawyers are there again to assist in arranging out of court settlements.

About the author:
Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/for information on asbestos reform, mesothelioma lawsuit news, and more.
By Big Blogger On Thursday, June 7, 2007 At 1:20 PM

Mesothelioma Compensation–Claims And Counter-Claims

How to spot a good mesothelioma lawyer:

Legal help is now available to sufferers of mesothelioma, caused by inhalation of asbestos particles. However, mere knowledge is not enough for them to get a fair deal for mesothelioma compensation. They need to pick the right attorney to fight their case for compensation. It is possible to check the competence of the attorney through their settlement record.

Helping victims to identify the source of mesothelioma is important for successful mesothelioma compensation claims. Only an experienced mesothelioma lawyer knows how to do it. Many mesothelioma and asbestos attorneys provide a toll-free help line for mesothelioma victims. Most of the law firms respect their client’s confidentiality. Expert attorneys specializing in mesothelioma compensation lawsuits examine the financial health of the entity responsible for asbestos exposure for deciding the right legal approach. The parameters for dealing with a solvent firm are different from the ones for a legally bankrupt entity. The next step involves entering into settlement negotiations with the defaulting unit.

Many mesothelioma attorneys have websites wherein the sufferers for obtaining free evaluation of their asbestos-related mesothelioma claim. Accurate identification of the specific asbestos-linked products is important for settlement. An inaccurate assessment can damage the potential value of the claim. An experienced mesothelioma attorney or law firm does it thorough investigation and review of past cases relating to a particular facility before filing a claim.

The size of the mesothelioma claim depends on the number of asbestos products identified as the source of mesothelioma. Besides, the chances of defaulting units or entities willing to settle a huge claim increase if the mesothelioma sufferer hires an experienced attorney.

For the defaulting units a mesothelioma settlement with them amounts to cutting their own losses. An efficient attorney will file in the lawsuit in a territory that has fast-track courts. Speedy settlement is obviously in the interest of the mesothelioma victim and their family. An experienced mesothelioma lawyer usually has a nationwide network and an impressive mesothelioma compensation settlement-record. It is a highly specialized legal field and only a few attorneys and law firms have the right credentials to claim nationwide recognition.

About the author:
Kirsten Hawkins is a asbestos and mesothelioma specialist from Nashville, TN. Visit http://www.asbestosblog.org/for information on asbestos reform, mesothelioma lawsuit news, and more.
By Big Blogger On At 1:20 PM

Where’s an Attorney When You Need One?

Many of us like to think we’ll live forever. Or at least we act that way, never giving thought to the necessary preparations for dying or the possibility of having an accident or becoming a victim to someone else’s negligence. So when these things happen or become imminent, we suddenly are forced to scramble in search of legal advice or assistance. That’s why it helps to have the name of a good local attorney on hand.


Start by checking your city’s legal directory or bar association for the name of a general practice attorney who can help you with a variety of legal questions, including estate planning, making a will, preparing a power of attorney for aging relatives, arranging guardianships, helping with debt management, and offering legal counsel for other matters. You may even want to set up an initial meeting to introduce yourself and provide a personal overview. Your attorney can ask about certain areas of your life that could benefit from legal direction, or you may want to discuss certain areas that you are unsure about.


If your region does not have a local bar association, contact the state bar association to request a referral to a licensed practicing attorney in your area. You also might want to browse the Internet to visit websites of law firms that specialize in various kinds of law that might pertain to your situation. For example, if you were recently involved in a car accident, you may want to find an attorney who handles personal injury or property damage insurance claims. Or if your mother needs help in paying her bills due to declining physical or mental stability, an attorney can help you arrange for power of attorney or a guardianship.


Of course, you can always use that old standby, the yellow pages of the telephone directory and call law firms listed there when you find one or more ads that appeal to you. Word of mouth is another way to find out which attorneys come recommended from family members, coworkers, and friends. Some legal firms advertise in the newspaper or on the radio, so check these areas, too.


Don’t wait until you need an attorney before contacting one. Consider making a living will in case you are seriously injured or ill in the future, and a regular will for making final arrangements for your demise, which all of us must face one day. You also can manage your financial holdings with an attorney’s help so that they are ready to pass down when a minor child comes of age. Whatever your personal circumstances, a lawyer may be able to help you get fair terms and benefits to which you are entitled. Begin searching today so you will have the name of a competent lawyer handy when your time of need comes around.

About the author:
For help in finding an attorney, check out the Find Law Attorney Directory at http://www.lawyersfindlaw.com
By Big Blogger On At 1:19 PM

Facts About FACTA, Or What Does FACTA Mean To You And Your Company

Ever heard of FACTA? Most of us would say “No”. Have you heard that you can get a free credit report? To that we would say, “Yes”. So you have heard of FACTA. But how does that affect me?

FACTA stands for Fair and Accurate Credit Transaction Act. The law went into effect Jan. 1, 2005. FACTA is the law which allows all Americans access to their credit report once per year. So what does that have to do with you?

On June 1, 2005, a new provision of FACTA went into effect. It says that any employer (even if you only employ one person) whose action or inaction results in the loss of employee information, can be fined by federal and state government, and sued in civil court.
Bet you didn't know that. But you need to know, and need to know what you can do to protect yourself.

Small Businesses will be affected the most.

‘"A small businessman who makes a mistake could bear the brunt of a regulation like this," says James Plummer, policy analyst at Consumer Alert, a non-profit group that focuses on a free-market approach to consumer regulations.’

If you don't shred and information gets out, there are penalties. But what if you do shred all potential employee information, and take all necessary precautions to protect your past, current, and future employees’ identities, and the information still gets out somehow? Under FACTA, you could still be held responsible.

You may not think information theft could happen to you, but neither did a lot of companies, universities, government institutions, and businesses that have had employee or customer information stolen from them that have been in the news lately:

Lexis Nexis
University of Northern Colorado
California State University (Chico)
University of California – Berkeley
University of Maryland
Las Vegas Department of Motor Vehicles
Bank of America
Choice Point
Weld County (CO) Employees (information stolen by an inmate while in jail)

How can you, as an employer, minimize your liability?

There are hundreds of things you can do to minimize liability, which are probably things you already do. Document shredding, careful screening of employees who will be coming into contact with personal information of customers and employees, physically locking file drawers with sensitive information, and setting up firewalls on computer equipment connected to the Internet, among hundreds of other solutions, are all good ideas.

As Ben Franklin said, “An ounce of prevention is worth a pound of cure”, is definitely the case when it comes to securing personal information. However, no matter what prevention steps you take, there is no 100ffective way to be sure that employee’s information won’t be compromised. Even if the information doesn’t get out from your company, an employee can claim that it did.

That's a scary thought! What if an employee claims that their information was stolen through the actions of your company, but there’s no real proof to back it up? You will end up hiring (or using) an attorney to represent and defend you and your company in court. At $200 - $400/hour for most attorneys across the United States, how long can you afford to defend your company?

So what can you do?

One solution that would at least provide an affirmative defense against the fines, fees, and lawsuits you could incur as an employer, is to offer some sort of Identity Theft protection as a benefit to your employees.

As an employer, you can choose whether or not to pay for this added benefit. However, the most important thing you can do is to make the protection available, and have an employee meeting, to help employees understand Identity Theft and the protection that you are making available to them. When you make the protection available, and when your employees have been educated on the dangers of Identity Theft, they can either elect to have identity theft coverage as a benefit, or they can decline the coverage as a benefit.

If the employee has Identity Theft coverage and becomes a victim, it is beneficial to your business, because an employee with Identity Theft coverage will be notified immediately of the theft, spend less time, less money, and will experience less frustration while trying to have their information restored. This will get them back on the job and focused on work more quickly.

If the employee declines the coverage, and later claims that the information was stolen as a result of you or your company’s actions, you have a piece of paper, with their signature, saying that they attended the presentation and declined the coverage.

Choosing to not make Identity Theft coverage available leaves you exposed to an unlimited dollar amount that you can be sued for under civil liability, federal fines of up to $2,500.00 per employee per incident, and state fines of up to $1,000.00 per employee per incident.

Recommended course of action? Have a benefits consultant who offers an Identity Theft protection plan present to your employees. Help them set up a 20 minute presentation with your employees, and make it mandatory that all employees attend. You want your employees to be protected from this awful crime. If they choose not to be, but you’ve given the option of being protected, then the liability becomes theirs, not yours, when they become a victim of identity theft.
About the author:

Steve Mueller has over 25 years of human resource experience. He has worked in various fields of human resources; as a Trainer for Cooper Industries, Compensation and Management Development Manager for Zenith Electronics, Plant Personnel Manager for a motor manufacturing company and Benefits Manager for a multi-location distribution company. Steve holds a bachelors of science degree in education from Pittsburg State University. He has taught numerous adult education classes and seminars in the community. Steve has received community service awards for his participation in elementary school child safety programs.
By Big Blogger On At 1:18 PM

How To Deal With A Whiplash Injury

Having the right accident solicitor makes all the difference in the world when you make a whiplash injury claim. Choosing the wrong one means you're back behind the wheel, at the accident.

It happens all the time: long, tiresome travel, a moment of distraction or a sudden meeting with a road-hog - and suddenly you end up in a crash. Whiplash injury is very often, maybe 80% of the time, the result of car accidents.

It's an injury caused when the neck suddenly jerks backwards and forward or vice versa during a collision. A small percentage of whiplash injuries can cause traumas lasting many several years with many chronic problems. Each year British insurers deal with approximately 250,000 claims for this kind of injury! That's a quarter of a million claims.

Recognise The Symptoms!

There are no two identical accidents and the symptoms of a whiplash injury may vary depending on e.g. vehicles' speed, kind of collision (whether it's front, rear or side), etc. Saying all that, there are some symptoms, which may often vary on a day-to-day basis. Victims can suffer from headaches, dizziness and nausea together with vomiting. Shoulders and arms become stiff or numb or one can feel neck and back pains or 'pins and needles' type of feeling. Blurred vision and ringing in the ears may also occur.

The Whiplash Injury Claim

As you will see, whiplash injury may result in long months of health problems and discomfort. Wearing a collar support, living on pain and anti-inflammatory medications - is not an easy time for anyone. Not mentioning how it can affect your daily job making it difficult or even impossible to perform the simplest task. Don't you think that you deserve some solid compensation for all your health problems and frustration?

You deserve to make a whiplash injury claim in the fastest, easiest and least stressful way possible. It's hard to deal with insurance companies when you're injured and simply tired with the present situation.

So How Would You Handle It?

The answer is very simple: make use of a good accident compensation solicitor. They not only become your legal advisor - their job is to take care of all the process of claiming your accident compensation.

First, they grant you professional medical examination of your injury. Then handle all the procedures - pays the bills and fees, represent you in court, etc. You don't have to worry about anything - it's the solicitor's duty to make your claim successful and to win the compensation for you in the most comfortable manner.

Companies hassling injured people and offering their services in brazen and insolent ways belong in the past. Nowadays, the methods of an injury claim is customised to make the process of claiming compensation stress-free. In cases of painful and lingering health problems, like whiplash traumas, making it as easy as possible, is just priceless.

Priceless? But Really, What Is The Price Of It?

Probably the most important aspect for you is, the services of an accident solicitor doesn't cost you anything at all. If you successfully claim your injury compensation, you get 100% of it - no tricks.

All the bills and payments are paid by the party who lose the case. On the other hand, if you lose, you don't pay for anything either - the solicitor makes all the payments.

Why should you pay for something that wasn't your fault? It's logical, isn't it? So there is no risk involved in cooperating with an accident solicitor.

Whiplash injury itself is painful enough. Why would you add the pain of handling all the compensation claim by yourself, if you can make use of a quality solicitor?

It's easy, stress-free and free – don't forget about the last one. Solicitors are not a leech wishing to suck your wallet dry - you don't pay a single penny for their help as it gets recovered from the other party insurers. But instead, as a 'friend' in need, makes your life easier when the troubles comes upon you.

About the author:
It's easy to make a whiplash injury claim with a quality accident solicitor on your side. Discover, the 12 'Revolutions' in a positive whiplash injury culture at http://www.compensationsecrets.co.uk/whiplash-injury.html
By Big Blogger On At 1:18 PM

9 Pros And Cons Of A Compensation Claim

Making a compensation claim looks easy and a good idea in the beginning... but as time goes by, you discover the catches and fees. However, by that time its too late! Too late especially if the medical is done...

The claims culture arrived and it was chaos. Door canvassers and telesales, knocking and ringing constantly for an injury claim. Have you had an injury? Have you had an accident in the last 3 years? It went ballistic, new companies evolving and new tricks came into place that would work against you.

The 9 Pros and Cons...

The Salespeople

Avoid these people who stop you in the streets, shopping center or at the hospitals! They don't give a damn about you and surely don't give a toss what the outcome is, of your injury claim. They work on a commission basis.

The Agreement

Did you ever understand what was said before you signed the agreement? I guess not. 'Don't worry it doesn't mean anything, the company will contact you and sort it out'. Did they ever? Today there is so much jargon, i.e. crap, out there that many people just ignore a claim for compensation even if they have an injury.

The Bank

In the beginning it was always a helping hand with your claim, until it was settled, with insurance and loan deductions. Policies were taken out in the thousands which back fired. And guess who provides the financially funded policies? The BANKS!

The Loan

A loan agreement to fund a claim is unnecessary, but the salespeople claim 'otherwise it's not possible to be compensated and you'll have to fork out a couple of hundred upfront to get started'. However, the deduction is phenomenal as the interest accumulates over the period of the claim. It could last up to 2 years and it gets deducted from your compensation.

The BIG & small Company

It didn't help the victims as it was deducted from their compensation, but surely helped the BIG companies, who have now declared bankruptcy with millions 'scoped' from their victims. But today you have smaller companies doing a similar trick, we'll do this and we'll do that... with their technical wording.

You'll get confused just like food, this many calories, protein and fat. There is so much advertisement going around that you just think forget it, stick to what we normally do. NOTHING!

The Law

Compensation is an entitlement by law, for release of funds to the injured for being involved in an accident or being injured to some form. Accidents do occur, that's life as nobody's perfect. But with the media filling our heads with different slogans, headlines and examples, we get more confused even when it all means the same thing.

The Media

On TV, there's new advertisers showing victims of accidents and how they have had an accident. But what they don't realise is, each accident is unique, so why portray victims as happy as they could ever be with their payouts. Imagine you doing that? It's a marketing stunt. But unfortunately many do fall for it.

The Solicitor

Specialist solicitors in claims should only handle your case, not a solicitor with a commercial background. So you need a solicitor with experience in the appropriate field to handle an injury or accident claim.

The Internet

Browse from one site to another is not going to help. You'll be there all night, all week, all month or all year and still never make a claim for compensation. Their technical jargon, all mean something similar. We'll do this and we'll do that. Find something simple that will help.

Now that you are geared with such knowledge, do yourself a favour?

Apply it!

About the author:
It's easy to make a compensation claim without any cons in place and plenty of pros. Discover, the 12 'Revolutions' in a positive compensation claim culture at http://www.100percent-compensation.co.uk
By Big Blogger On At 1:17 PM

HOW TO PROTECT REQUESTED CONFIDENTIAL SOCIAL SECURITY INFORMATION?

Social Security information requested by members should be treated with utmost care and must be kept securely. As much as it is the obligation and function of the Social Security to ensure the confidentiality of its members’ accounts including all personal information pertaining to their members however requested and mailed information to members no longer covers the Social Security scope of protection.

The protection of the information becomes now the obligation of the requesting member. In order to ensure the confidentiality of the requested information members may exit the browser after filling up the social security online forms. Exiting the browser after used will ensure that no other person may gain access to all your Social Security information. And to further protect your privacy as a Social Security member it is recommended that you use a built-in security features that web browsers’ provide. The used of certain security settings as well as options will ensure the privacy of any personal information. Nevertheless, the security setting on the browser varies depending on the type of browser version one is using. And for those members who have no idea on the type of browser they are using you may consult the Help files of your browser software.

But for those who wants to really ensure the confidentiality of all their divulge information, there are downloadable Social Security forms which they can download and mail to the social security address found on the form. It usually takes two to four weeks before you get to have your requested Social Security statement.

And for those who may want to call the office of the Social Security it is open Monday to Friday except 2:00 am – 3:00 am. Likewise Saturday from 5:00 am to 11:00 pm and then Sunday from 8:00 am to 10:00 pm. The Social Security office is also open during holidays from 5:00 am to 11:00 pm. Knowing the business hours of the Social Security office in your area would greatly help you as a member in saving time and effort especially when making follow-ups of your claims for benefits.



About the author:
For comments and suggestions about the article kindly visit Los Angeles Social Security Lawyer
By Big Blogger On At 1:16 PM

Lumbar Pain and the System for the disabled

One of the most commonly listed impairments on SSA applications for the disabled is lower lumbar pain. Why is this condition so "common"? Well, it's simply due to the way humans are built. The lower back area (particularly L5-S1) is the point at which we bend to pick up things and we often use it as a fulcrum to lift heavy objects. Unfortunately, because lower back problems are seen so often on disability applications, they tend to be viewed by examiners in a dismissive way. The typical examiner will look at a app that lists back issues as the only allegation and will think to themselves, "Lumbar pain, is that all?". From day one, when the file lands on the examiner's desk, the examiner will have it in his or her mind that the case will ultimately be denied.

Having been an examiner, I am sad to say that this is how the evaulation process usually begins for such cases. And it sucks. Extreme lumbar pain (I don't mean simply "pain". I mean pain of the kind that prevents you from even being able to get off the bed and onto your feet to go to the bathroom without breaking into a sweat and wanting to scream) is something that one cannot imagine...unless one has experienced it firsthand. And without having experienced it personally, it is difficult for others to really understand how lumbar discomfort can be so severe that it impairs a person's ability to work.

Unfortunately, most DDS examiners--the individuals who slap decisions on ssd and ssi claims--are relatively young people who have NEVER experienced this kind of pain. Typically, probably due to relatively low pay, most examiners in a DDS unit will be in their early to late twenties. Yes, you do see people in their thirties, forties, even fifties at a DDS, but most DDS units will be composed of younger workers.

I have no doubt in my mind that this fact alone has a bearing on the decisions rendered for some claims. I mean, how can a person understand how debilitating or painful a situation can be if they've never experienced at least something similar? I'm sure they can't. And with so many examiners belonging to a relativly young age-set, this "builds" a certain insensitivity into the process.

I'll give you an example of what I mean. About eight years ago, I injured my back and was out for 3 straight days. How did this happen? I simply got out of the shower. I must have stepped the wrong way as I got out, because as I was closing my front door I could feel pain tingling down my right leg. Thirty minutes later at a christmas eve party I was on the floor and unable to move. I spent the next three days in bed, on flexeril and pain killers, unable to move much at all. Getting up to go to the bathroom felt like a spike was being hammered into my tailbone.

How does this personal bit of information relate? When I got back to the job (DDS), I tended to look at back cases a lot differently than before. Even though my condition had been relatively short-lived, the memory of the awful pain I felt in those three days made me more acutely aware of how debilitating back pain can be. And how restrictive and limiting a back condition can be for people who have chronic and ongoing back pain.

Now, why am I writing this particular post today? Well, once again I find myself in bed, on percocet and flexeril, after simply crouching (this was a crouch, not a stoop, which you would think would be safer) down to do something. As before, neither the muscle relaxant nor the pain pill seem to do the trick (though I wonder how bad it would feel without these meds) and I expect the situation to last for probably 2-3 days.

Am I disabled? No, of course, not. The likelihood is that sometime in the next 24-48 hours I will be able to walk again, with some residual pain. But...what if I had a condition that caused this level of discomfort, yet was chronic and ongoing? Frankly, I don't know what I would do. I certainly wouldn't be able to work. And feeling that kind of pain for so long would undoubtedly make me depressed and anxious (a lot of claimants with back problems also cite depression as an impairment). And, for me, knowing what I know about the disability system, the situation would seem even more depressing because "pain" is given very little consideration in the evaulation process.

What do you do if your major allegation on a claim is back-related? Here's a tip that really applies to all cases. Seek regular medical care and try to make sure your physician fully documents all the limitations you have as a result of your condition. Medical record documentation on a federal disability claim is essentially the gas that powers the engine.

About the author:
The author of this article is Timothy Moore, who, in addition to being a former food stamp caseworker, medicaid caseworker and AFDC caseworker, is a former disability claims examiner. He publishes information at Social Security Disability Tips and Secrets which features a helpful and informative Social Security Disability faq
By Big Blogger On At 1:16 PM

Is Personal Injury A Need Or A Joke!

Has this ever happened to you... You're at home enjoying your meal and you get a knock at your door. "My name is Jack and I'm calling from (company name), have you or your family had an accident in the last 3 years? If so you could be entitled to personal injury compensation?"

Now for that moment what are you thinking? Are you looking back over the last 3 years to see if you or your family have incurred any personal injury? Or are you thinking of slamming the door in their face or setting the dog on them?

The fact is each one and much more has happened to salespeople who go knocking on peoples' door.

Firstly it's not polite as they're reminding you of your accident which could have been traumatic and secondly another personal injury company has said the same thing they are saying 2 days ago.

So in effect it gets frustrating and over time causes anger and you'll probably take it out on a new recruit who is on their first day at work and you happen to be the first door.

So what is it? A Joke or a Need?

Personal injury has become a joke! Why? There are so many sales people knocking on doors for personal injury claims. In the beginning everyone was like 'really, can you claim for this' or 'you should go and see this company for your injury'. Nobody was aware what was going on but millions of people were claiming for god knows what! Now over the pass few years it upset a few people.

Injured people weren't getting their compensation. They were getting either a small proportion of the compensation or were paying out of their own pockets. In those days as claims were new, you had to believe everything. It was like, 9 month road to riches. But it never really was riches in your pocket however it was for them as they knew the game. They made it seem like they were helping you but in fact were helping themselves with your money.

Some people even today, who are injured, resist to claim compensation as previous traumatic experience left them in the dark and now confused. 'I don't wanna be conned again!' Well I don't blame them.

In reality, it's definitely a NEED. Being compensated for something which wasn't your fault. It could be a road traffic accident, trip, slip or fall even being assaulted on the streets on your way home. These are the people that don't find it a joke. Their life has been disrupted by people who they never knew and now don't want to know.

It takes a lot of energy, especially if there are psychological injuries involved in order to get back on track to a normal life. They either miss out on exams, work, events, holidays and in general 'their' own personal lifestyle. Everything happens in an instant... You're enjoying your life and all of a sudden 'bang' your life changes.

You end up paying for medicine, specialists, travel expenses and other bills. So these people don't think personal injury is a joke as they can reclaim their expenses and be compensated for their loss of enjoyment and injuries.

Stop these canvassers from spoiling the need of personal injury and giving it a 'bad' name. Proceed with the right specialists for personal injury can only make your life a hell of lot better.

Make no mistake this time and claim what you are entitled to, by law!


About the author:
M. Latif makes it easy to claim compensation and gain maximum results without the fear, costs, confusion & risks. Learn the 12 revolutions of the new 100% Compensation culture at http://www.100percent-compensation.co.uk
By Big Blogger On At 1:15 PM

Trademark Infringement

is a possibility for every business, whether you be on the receiving end of an infamous "Cease and Desist" letter, or whether you find that a competitor is infringing one of your trademarks. Either way, this is the time to find qualified legal assistance in the form of an experienced trademark attorney to help lead you through the quagmire.

If you have received a "Cease and Desist" letter, the first thing that you do should not be to respond to it, regardless of whether the letter tells you to or not. Instead, the first thing you should do is contact your trademark lawyer. If you don't currently have a trademark attorney, ask your business lawyer to refer you to one. If the business attorney claims s/he can take care of this for you, do not take them at their word on this. Inquire as to their actual trademark experience. This is not the time for someone who read a book or two to use you as their test client.

If you are on the other side, and you have found someone you believe to be infringing your trademark, now is also the time to contact your trusty trademark attorney. Be sure to think about the business aspects of the infringement as well. For example, the RIAA is taking quite a bit of heat lately because of their approach to copyright infringement. Suing your customers, especially when the customers may be innocent of wrongdoing, or single mothers, grandmothers, or non computer users in the case of RIAA, may not be a good business strategy. Making this decision along with your trademark attorney, weighing the pros and cons of taking action, is the best way to proceed.

About the author:
Mikki Barry has been a trademark and intellectual property attorney for technology and small business companies since 1991. For more information see www.mikkibarry.comThis article is not meant to be legal advice.
By Big Blogger On At 1:13 PM

Doctors can help you in your SSI case

A good measure of competence and reputation is needed upon anything which concerns legality and authenticity of records. In case you are a claimant for a Social Security Disability or SSI benefits, your claim will be evaluated using your medical records. Thus, having a competent and respected doctor is most advisable in order to provide the necessary authenticity and substance to your claim!

First and foremost, having a doctor to conduct a regular and updated medical treatment on your person is very important in order that your claim gain sufficient attention and consideration. Evaluating a disability claim takes quite a lengthy procedure, and each record presented by the claimant is severely inspected. It is but proper for your physician to be advised never to be limited and too lenient on facts concerning your disability. Your physician must also be aware that even if past medical records indicate your disability, an examiner or judge will never approve your recent claim without current medical records to support your claim and your past medical records.

Take your time winning the interest of your doctor about your claim. Once your doctor diagnosed your treatment and believes that your condition is disabled, you must have him as an ally in order to support your case in writing. Primarily, it is your doctor who knows the extent of your disability. Request for a detailed statement regarding your conditions.

Getting a competent and objective supporting statement from your doctor, or even having him complete a Residual Functional Capacity (RFC) form on your behalf could give you a good chance of reducing the processing period of your disability claim. RFC forms, particulary, which are used by the DDS examiners, could carry great weight at hearings held by the Administrative Law Judges.

More possible than not, you might lose your medical coverage before your claims are approved. There is still a solution! Try to be seen at a free clinic, county health department, or emergency room. These treatment sources may not be as reputable as having a personal doctor, but these are better than having none at all. Or give it a go at your state's Vocational Rehab department. Very often, VR can assist claimants in getting certain testing and examinations paid for. Though this is always for the purpose of developing a VR claim, VR counselors are usually willing to supply these records to a claimant's representative as well.

Medical statements need to be detailed and substantial. Without the support of objective medical findings, little or no consideration, at all, will be given to a physician’s medical opinion by an Administrative Law Judge. While writing out his diagnosis of your condition, gently remind your physician to explain all the details, especially, the diagnosis which supports your claim of disability, even your body’s limitations(e.g. level of inability too sit, stand, walk, stoop, crouch, grasp, reach or otherwise move) and your prognosis.

Remember! Generally, the rule is that you cannot be approved for social security disability or SSI based on disability if you are not examined by a medical provider at least once every two months. It is best to abide by your prescribed medications, too. In the end, whether you took your prescribed medicine or not may affect how your impairments are viewed. In fact, judges will often deny claims in which claimants did not take what was prescribed. The fact that the claimant had no means by which to obtain their needed meds is generally irrelevant to an ALJ at a disability hearing.

Professional medical opinion is very important in the presentation of an SSI case. The doctor/physician is the only one qualified not only to state that a person is disabled but, rather, explain in detail, why a person is disabled. As such, these statements from qualified medical practitioners can greatly improve a claimant’s chances of being awarded continuing and past due benefits.



About the author:
Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.

For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
By Big Blogger On At 1:12 PM

Doctors can help you in your SSI case

A good measure of competence and reputation is needed upon anything which concerns legality and authenticity of records. In case you are a claimant for a Social Security Disability or SSI benefits, your claim will be evaluated using your medical records. Thus, having a competent and respected doctor is most advisable in order to provide the necessary authenticity and substance to your claim!

First and foremost, having a doctor to conduct a regular and updated medical treatment on your person is very important in order that your claim gain sufficient attention and consideration. Evaluating a disability claim takes quite a lengthy procedure, and each record presented by the claimant is severely inspected. It is but proper for your physician to be advised never to be limited and too lenient on facts concerning your disability. Your physician must also be aware that even if past medical records indicate your disability, an examiner or judge will never approve your recent claim without current medical records to support your claim and your past medical records.

Take your time winning the interest of your doctor about your claim. Once your doctor diagnosed your treatment and believes that your condition is disabled, you must have him as an ally in order to support your case in writing. Primarily, it is your doctor who knows the extent of your disability. Request for a detailed statement regarding your conditions.

Getting a competent and objective supporting statement from your doctor, or even having him complete a Residual Functional Capacity (RFC) form on your behalf could give you a good chance of reducing the processing period of your disability claim. RFC forms, particulary, which are used by the DDS examiners, could carry great weight at hearings held by the Administrative Law Judges.

More possible than not, you might lose your medical coverage before your claims are approved. There is still a solution! Try to be seen at a free clinic, county health department, or emergency room. These treatment sources may not be as reputable as having a personal doctor, but these are better than having none at all. Or give it a go at your state's Vocational Rehab department. Very often, VR can assist claimants in getting certain testing and examinations paid for. Though this is always for the purpose of developing a VR claim, VR counselors are usually willing to supply these records to a claimant's representative as well.

Medical statements need to be detailed and substantial. Without the support of objective medical findings, little or no consideration, at all, will be given to a physician’s medical opinion by an Administrative Law Judge. While writing out his diagnosis of your condition, gently remind your physician to explain all the details, especially, the diagnosis which supports your claim of disability, even your body’s limitations(e.g. level of inability too sit, stand, walk, stoop, crouch, grasp, reach or otherwise move) and your prognosis.

Remember! Generally, the rule is that you cannot be approved for social security disability or SSI based on disability if you are not examined by a medical provider at least once every two months. It is best to abide by your prescribed medications, too. In the end, whether you took your prescribed medicine or not may affect how your impairments are viewed. In fact, judges will often deny claims in which claimants did not take what was prescribed. The fact that the claimant had no means by which to obtain their needed meds is generally irrelevant to an ALJ at a disability hearing.

Professional medical opinion is very important in the presentation of an SSI case. The doctor/physician is the only one qualified not only to state that a person is disabled but, rather, explain in detail, why a person is disabled. As such, these statements from qualified medical practitioners can greatly improve a claimant’s chances of being awarded continuing and past due benefits.



About the author:
Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.

For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
By Big Blogger On At 1:11 PM

Should you hire an accident attorney

You have been in a accident, automobile, slip and fall, workplace, etc.. Should you see or speak with an attorney?

As far as I am concerned, the answer is always yes.

When should you consult with an accident attorney? You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.

You say that you can not afford an attorney. Most accident attorneys will consult with you for free and, if they take your case, will handle it on a contingency basis, not taking any fee untill the case is settled. Most settlements are increased to cover the cost of the attorney and therefore normally the attorney costs you nothing. Many attorneys will also advance all court costs for you if they are forced to file suit.

You say that you were injured, however, the insurance company has offered to pay your medical bills and you do not feel it is right to take advantage of them by asking for additional money for your, pain, suffering, lost work, etc.. Don't you feel that you as a person are worth something? Do you think so little of yourself that you feel that your pain, suffering, inconvience, etc. is worthless. You did not cause this accident. What you are going through was caused by someone else. You deserve to be compensated. The insurance company, as a matter of good business, has already built these types of costs into the premiums that they charge their customers. If the money does not go to you it will probably go to their shareholders or to increased salaries or ?. Why shouldn't you be properly compensated. Remember most good attorneys are ethical and although they will attempt to obtain as much money for you as is due, they will not take your case unless they feel that it is proper.

You say someone else admitted liability and said that their insurance will pay all your damages. That's great, however, what if the person changes his or her story later on and says that you were at fault. Or what if the other side's insurance company refuses to pay what you think is proper. In fact, how do you know what is proper? Remember, an insurance company may pay claims, but it is in business to make money. It normally will not offer one dollar more than it has to and if you are not represented by an attorney the insurance company adjuster or attorney may feel that he or she can "get away" with paying much less than the claim may be worth. Additionally, what people state at the time of an accident is not always what they state after having spoken with a friend, insurance agent or attorney. Finally, an insurance adjuster or insurance attorney works for the insurance company, not for you. How do you know that what they are telling you is correct or true. Remember, in most instances, they are there to try and save the company money. You need an attorney on your side to tell you what your rights and obligations are.

You say that you were not hurt that bad or at all. How do you know how badly you were hurt. Some injuries do not show up for months. Other injuries may aggrivate a prior problem. Even if you have been found to be "ok" by a doctor, how do you know that a problem will not come up later. If you have insurance and did go to a doctor, who is going to pay your co-pay or deductible. If you do not have health insurance, who is going to pay for your examination which should include xrays, etc.. If you retain an attorney he or she can probably refer you to a doctor who will accept a lien against the insurance settlement, thereby saving you from paying money out of your pocket.

You say you have accident insurance, why not let them handle everthing for you. Your insurance company is there to defend any claims against you not to represent you in any claims against other parties. Additionally, they also are in business to make money. How do you know if they are trying to settle a case to help you or to save themselves money.

The foregoing article was written by the author based on experiences he has had as a private investigator representing both accident attorneys and insurance companies. This article is not stated as a legal opinion or as fact but instead is stated as opinion of the author.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission.

About the author:
David G. Hallstrom, Sr. is a retired private investigator and currently publishes several internet directories including http://www.resourcesforattorneys.coma legal and lifestyle resources directory for attorneys, lawyers and the internet public.
By Big Blogger On At 1:11 PM

Personal Injury Specialist - A Priceless Asset!

Do you want a streamlined and hassle-free approach for your personal injury claim? Discover the single secret to beat your opponent...

A personal injury specialist is a priceless treasure to anyone suffering from an accident injury. When you are hurt, you know you deserve reimbursement of monetary value to cover your losses.

But you have enough problems with your health, so you wouldn't like to handle the claim all by yourself.

In this time of need you can rely on advice and help of an experienced personal injury solicitor, who can take care of your injury claim.

The Steps

They have to be competent in personal injury accident claims and regulated by the Law Society. A specialist who can organise and manage all the filters in an injury claim - from the injury assessment, through paperwork of medical reports and handling procedures, court fees and bills efficiently.

A personal injury specialist is not a new profession but nowadays requires a completely new approach. The companies obtruding themselves on injured people, or any company asking money for their services should now be history, for some anyway.

Personal Injury Solicitor Of A New Era

First of all, they can't harass you. You have the right to choose whether you want to make use of their service or not. If you have any questions or doubts, you should enquire. Now if everything is in simple, jargon-free language then don't you think, this is the 'one!'

If you are not certain that your accident qualifies for a compensation claim, you can contact a personal injury specialist for a free 'professional' injury assessment. Any kind of injury can be handled by a quality accident solicitor.

The Employment

If you decide to employ a specialist then from that moment forward you can sit back and relax as you will be assured of every detail being take care of.

Various types of compensation claims are made everyday and throughout experience a solicitor becomes a specialist. Proficient enough to enable and assist you from the beginning until the final verdict.

The Help

Their help includes not only handling the court cost but also all the necessary steps along the way to it. The advice of an experienced personal injury solicitor makes your compensation claim stress-free as MasterCard would quote 'priceless'.

And finally, regardless of the final verdict of your claim, employing an injury specialist costs you nothing. It should work on a 'no win no fee' rule but it is 'win or no win' still no fee.

If your injury compensation claim ends successfully, the solicitor recovers all their costs from the loser side or their insurance company.

If you lose your claim, the solicitor pays all costs and for you the whole claim even for trying is still free. There are no hidden fees or 'small print' tricks - you take no risk in making use of such service.

No Risk For You!

Let's emphasise it once more: the help of a personal injury specialist is priceless. If anyone risks anything here, it's them, because they have to cover the costs. But thanks to these kinds of deals and arrangements, you can be more than sure that they will do their best to win.

If you pay for an injury claim you want to be certain that you are going to win. Like the nature of accidents, you can't always be so sure. Therefore put the risk on the solicitor then you won't need to ask yourself 'What are the chances of success?'

But if you have the service cost-free, you can be certain that the chance of winning your case is good enough to give it a try.

Question Time

Ask yourself some other questions.

• How often do you have an opportunity to find professional help to solve your problems for free?

• How often, not only the help itself is free, but it can bring you some good compensation?

It doesn't happen very often, does it? So why shouldn't you make use of it - especially if it costs you nothing, bears no risk and can compensate you money for at least trying?

About the author:
It's easy to make use of a personal injury specialist, if you know how. Learn the 12 revolutions of the new compensation claim culture at http://www.CompensationSecrets.co.uk/personal-injury-specialist.htmland get a free assessment.
By Big Blogger On At 1:10 PM

Personal Injury Compensation - The Edge

Millions of personal injury claims are filed every year. However there is only a small proportion that actually get settled. Learn more on how to get yours settled.

There are too many situations in which an accident injury can happen. Whether outside or at home, even if you are a careful person, the rest of the world is not as perfect. The only thing you can really do is to protect yourself from the painful consequences of personal injuries and, if anything happens to you, all you can do is claim for personal injury compensation.

All injuries, particularly the severe ones, have more or less traumatic experiences and they can seriously affect both your personal life and work. Such situations can make you a victim in two ways: first by the injury itself as damage to your health and second by the moral, social and material losses following the accident.

You can't turn back the flow of the time and avoid what has already happened but a personal injury claim can compensate you for the rest of your problems.

Bad Experiences?

In the past, many companies offered their services to injured people using harassing and not very honest methods. They intruded accident victims at home, pushed ill people into court cases and sucked their wallets dry regardless of the final verdicts.

Even if a person won their injury claim, they would get only a small piece of the compensation, because these companies took most of their money for their fees and other costs.

They didn't care about the well being of their clients - only about 'the profit'. People were bitter and they felt conned by their advisors - and any advisor should be a trustworthy person.

This situation changed with putting the 'No Win No Fee' policy into practice. What was even better, the policy evolved into 'Win Or No Win No Fee' rule. The new methods for solicitors had changed the form of injury compensation claims and made them what they should be from the very beginning: the help and relief for people suffering from personal injury.

What Does 'No Win - No Fee' Policy Really Mean?

Each personal injury compensation claim needs money. The injury has to be assessed and the medical report must be prepared. The court fees and other payments must be paid, too. And finally, the no win no fee solicitor should earn something as well.

But does it mean all these costs ought to be paid by you? Absolutely not! After all, the aftermath of an injury itself is expensive and troublesome enough and you need every penny from your compensation. More than just need: you deserve it!

The deal is simple. First of all: you choose a personal injury solicitor and contact them, not inversely.

If you employ them, the solicitor pays all the fees and bills along the way to your injury claim settlement. They take care of everything. These costs are paid by the solicitor whether you win or lose your compensation claim. They put their money, not your, into the case and they take all the risk. If they lose your claim, you don't lose a penny - why would you, if they didn't help you?

If you win, you get 100% of your injury compensation money and the solicitor receives all payments, fees and bills from the losers or their insurance company. This kind of deal is absolutely safe for you and - what is quite logical - it assures you that the personal injury solicitor will do their best to win. As you can see, the 'No Win No Fee' method is simple and honest - no hidden costs, no small print, no strings attached.

Any personal injury is a big problem itself. Serious injuries can drastically change your life. But with the right solicitor's help and later, with the money from successful personal injury compensation claim, you can easily return to the normality.

The health problems, any psychological damage, costs of medical treatment, loss of income, job issues and many others losses may be compensated thanks to a personal injury claim.

About the author:
It's easy to claim for personal injury compensation, if you know how. Learn the new injury claim culture at http://www.compensationsecrets.co.uk/personal-injury-compensation.htmland get a free assessment.
By Big Blogger On At 1:10 PM

How to Make a Better SSI Case

It is not actually that a person’s disability claim is not believable enough or substantial enough that causes denied applications for the Social Security Disability or the Supplemental Security Income benefits. Represented or not, with undisputable medical records or not, seventy percent (70%) of all disability claims are denied at applications. Does this mean that, it really makes no difference whether you present a substantial claim or not? Of course not!

It simply means that you have to possess more analysis and should insist to learn more about the workings, procedures and especially the approval system of the SSD and SSI Programs. By being attuned to their systems and procedures, respecting their authority and cooperating with them, you stand a better chance of presenting a winning SSI case. With or without help from a legal counsel or other representative, your knowledge of the system would sustain your claim.

Dear claimants, it is indeed intolerable to note that the crucial information regarding the SSD/SSI benefits policies and procedures cannot always be had from the actual persons taking the citizen’s claims for disability benefits and SSI. Never be disheartened, though! Even if you eventually think that the applications for SSD / SSI might be a secret process fiercely guarded by who knows? Do not fret! We are providing you with very information, tips and advice in order for you to be armed with the right ideas and learn for yourself how you could improved your very own SSI case.

Stand a better chance of having a competent and substantial review of your medical status. Do this by finding out if your personal physician will support your disability case. Once he expresses his support, request for a detailed statement as to the reasons you were disabled and unable to work. It is also essential to continue submitting copies of your medical records, including recent update, when you apply and each time you appeal.

Cooperate fully with the Disability Examiner working on your case. This, you can show by promptly responding to letters and notices and going to medical exams that the DDS have scheduled for you. By being more cooperative with the DDS, you could gain a chance for your case to be qualified with the examiner pleading your case.

Ensure a good relationship with other people working on your case, especially the authorities at the Social Security and others you have enlisted or hired to assist you. Simply by establishing a friendly and courteous relationship with them, would entail them to do more for you.

Always keep tabs on your claim status, either personally or through your counsel. It is never good to let important deadlines lapse on your disability claim. Act out immediately what is to be done if your claim is denied or have been pending for too long. Simply by knowing that you are aware of every step and every proceeding would give you an edge. Strategize on how to properly plead either a request for reconsideration or a appeal for a hearing.

As long as you are patient enough and is willing to invest time and effort, on no time soon, you will be able to prove that your SSI case stands a good chance and that you are an entitled and worthy beneficiary! Good luck!


About the author:
Lala B. is a 26 year-old Communication Arts graduate, with a major in Journalism. Right after graduating last 1999, she worked for one year as a clerk then became a Research, Publication and Documentation Program Director at a non-government organization, which focuses on the rights, interests and welfare of workers for about four years.

For questions, comments and additional info about the articles visit http://www.socialsecuritylawattorney.com
By Big Blogger On At 1:09 PM

Is it necessary to go to court?

In the United States, personal injury claims are given a statute limitation of two (2) years before the claim is outlawed. Within this period, one must obtain a lawyer and file a case before going to trial in court.

Most people find this quite a hassle. Hiring a lawyer takes not only a lot of money, but also demands a considerable amount of time and energy to set up meetings and, of course, show up in court. Because of this, many clients resort to “settlements”, or dealing with the case before going to trial.

Of course, this doesn’t mean settlement happens “outside of court”. This only means that cases are settled “before going to trial”, meaning the case has already been filed. 99% of cases filed in court often reach a settlement before the trial.

Settling before going to court can be tricky. Oftentimes people make the wrong move and get a lower settlement price, or lose more money because they refused to settle.
Settlement usually happens when a date is set—a courtroom and judge are already scheduled, and the case is ready to go to court. This is when defendants usually consider to settle, in case they feel they are risking more if the trial pushes through.

Just remember to never tell the insurance company or your lawyer that you are interested in an early settlement. You will end up getting a low price because the other party will assume that since your goal is to settle. Patience is indeed a virtue when it comes to settlements—higher settlement prices are given as the trial date draws nearer.

It would be of great help to get a lawyer who pushes aggressively for a trial—attorneys with a reputation for agreeing on early settlements are not worth your time or money. Pick a lawyer with a reputable history of taking cases to trial.


About the author:
For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com
By Big Blogger On At 1:08 PM

Commercial or Informational? - Your Choice

An issue has been brewing almost since the inception of Google AdWords, regarding who "owns" what rights to which words. Trademark holders and business owners alike have been calling "foul" when a competitor uses their name, product name, or trademarked slogan in order to cause their advertisements to appear either in the Google search results (by use of meta tags or otherwise using the keywords in their website itself), or by purchasing those words via Google's AdWords which would then cause their ads to appear in the sponsored sections of the search pages.

In this particular case, Office Depot has sued Staples, claiming that Staples linked to words that are Office Depot trademarks, causing Staples ads to come up on searches for "Viking," which is a subsidiary of Office Depot. Office Depot claims trademark infringement, false advertising, unfair competition, and deceptive trade practices.

So what's going on here? Does a trademark mean that you then "own" that word or that phrase, and nobody else can use it ever? Can the "trademark police" stop you from using the words "Office Depot" unless you're talking about them specifically, including disallowing anyone from saying they are a store "like Office Depot?"

Trademark Infringement

Let's take a look at the claims that Office Depot are making against Staples. First in line is trademark infringement. Trademark law is carved out of our general ability to use words in any way we choose (in the US anyway) in order to protect consumers against inferior products, by clarifying the source of a product or service so that you can be certain that an "Office Depot Product" was actually made by Office Depot and not by someone else. It is relatively clear in this case that a consumer would not be confused in the least by clicking on an advertisement for a shop that does not claim to be Office Depot, or have Office Depot in their domain name. If I were the judge, I'd throw that one out on its nose.

False Advertising

How about false advertising? Well, since Staples isn't claiming to be anything but Staples, how could they be advertising falsely? The advertisement they have created is purportedly true. The only difference is that the mechanism by which the ads are shown. Is this false advertising? Not in my opinion anyway. It could, in fact, be argued that use of competitor's words in search engines are pro-consumer in that it provides the consumer with far more choices then they would otherwise find.

Unfair Competition

Unfair competition? Now that one is a possibility. Unfair competition laws are set to protect companies against other companies, rather than protect the consumer against companies, as trademark law and false advertising are set up to do. Unfair competition actions grew out of trademark infringement law to prevent one trader from diverting patronage from a rival by falsely representing that his goods were the goods of his rival. But wait a minute here; Staples wasn't passing off their goods by saying they were actually Office Depot's goods. Again, there was no likelihood of confusion or misunderstand as to the source of the product. So that one doesn't work terribly well either.

Deceptive Trade Practices

That leaves us with deceptive trade practices. So what ARE deceptive trade practices? The Federal Trade Commission defines prohibited activities in the Uniform Deceptive Trade Practices Act as:

1) Passing off goods or services as those of another. Well, that looks a lot like unfair competition and trademark infringement.

2) Causes likelihood of confusion or misunderstanding as to the source or approval of goods or services; or an affiliation with or certification by someone else. Does a listing on a search engine imply an approval, affiliation or certification? Not to any consumer who has used a search engine for more than 15 minutes :-). Doesn't seem like this one fits either.

3) Uses deceptive representations or designations of the geographic source of the goods or service. Nope, don't see any of that here.

4) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses or benefits that they don't have, or that a person has some sponsorship, approval or connections that he or she does not. Office Depot hasn't claimed anything about the goods themselves, just that they are being advertised by purchasing words from AdWords that correspond to Office Depot protected words. So that doesn't work either.

5) Represents that the goods are original or new when they are not. See #4.

6) Represents that goods or services are of a particular standard, quality or grade, or of a particular style or model, when they are not. See #5

7) Disparages the goods, services or business of someone else by false or misleading representations. If you believe that simply displaying someone else's goods disparage yours, perhaps this one will fly, but likely not.

So what is the real point here?

So if such a cursory view by another attorney shows the large holes in the claims of this lawsuit, why file it? What is the point?

It is highly possible that Office Depot has filed this suit in order to bring attention to the practice of competitors ensuring that their advertisements are shown along with their competitors' in hopes that Congress takes up the issue and passes new laws or modifies current laws to prohibit the practice. However, prohibiting the use of competitor's words, products or phrases in meta tags or programs like AdWords would likely create much more difficulty than it solves. As a consumer, one uses a search engine in order to find the best product, the best price, or information on that or similar products to fulfill your current needs. It is in the best interest of the consumer to provide as much information as possible so that the consumer would be able to make the best choice for that particular consumer's circumstances.

The question comes down to a familiar one - should the Internet be primarily an outlet for information, or for commercialization? If you choose information, then anyone should be able to use whatever meta tags, adwords, keywords, or text that they desire, so long as they are not in violation of laws that protect consumers from poor quality, or confusion as to the source of a product or service. This would leave the constitutional right to "bash" particular products, use parody, satire, or simply mention products on your website and then sell AdWords to further promote your blog or whatever else you wish to promote. On the other hand, if you choose commercialization, use of trademarks in meta tags, on your website, or in AdWords would be prohibited, necessarily limiting the amount of easily accessible information on ANY subject, not just regarding products or e-commerce interests.

About the author:
Mikki Barry has been a trademark and intellectual property attorney for technology and small business companies since 1991. For more information see www.mikkibarry.comThis article is not meant to be legal advice.
By Big Blogger On At 1:08 PM

How To Avoid Injury Compensation Claim Dilemmas

Amazing isn't it when a salesperson gets you to sign some documents and briefly explains what it entails. Only to discover at the end of an injury compensation claim that it wasn't mentioned. And only to be told then 'well, it's all in black and white and you signed the papers'...

You then become frustrated with salespeople asking, or begging for a compensation claim? You don't know them and they want to be your best 'buddy'. For a while, I guess?! You don’t have a clue about their company, what they do and how they complete. But you're about to make a mistake, thanks to their sweet talk...

An injury claim service is something we need in society. A service, we may not need right now, but could surely need it in the future. It's just like insurance... we pay a premium for an intangible item. A premium to cover costs of an accident that 'might happen', not 'will happen'.

Compensation claims is nothing new, it’s been going on for years. However, as time goes by, procedures and conditions change. Sometimes for the better... but not always!

Loan Agreements

Loan agreements came about, with banks, large banks such as RBS, funding a personal injury claim. It wasn't needed for a claim, but handlers were making money, substantial amounts, per case. As the clock ticked, people caught on and slowly found it’s way to the back door. But not completely with every company, so beware!

Once service providers figured out the lack of business generation due to the use of loan agreements, they needed something new. A new direction to help them to be more profitable… another business strategy! Anyway, back to the drawing board and after weeks of playing with the small print, the birth of kick backs came alive!

Kick backs?

A kick back is a term used by claim handlers to receive money from a claimant’s compensation. This is a service charge, administration or management fee for maintaining the clients so called 'best interest'. It's just an alternative scheme to loan agreements. However the amount deductible was dependable on different factors.

This was working perfectly, until large amounts became deductible by different companies. Some were charging four figure sums and for the claimant, it got annoying!

Injury compensation claims began spreading like a forest on fire, many setting up and deducting smaller management fees to get business. It got smaller and smaller, then 'bang' it began saturating. Why?

People caught up AGAIN…

Still going on today, however for some, it was back to the drawing board!

Brainstorming sessions now lasted months leading to 6 then 12 months, as something tactical was required. Then a new baby was born…

100% Compensation

It was fantastic and worked like a charm, well only in the eyes of claim companies…

The answer to everyone's question, 'give me all my compensation money or I’m not giving you my personal injury claim?'

In the beginning, it was like a dream come true, until right at the end of the case, 'boom' this time... more deductions. But how you may ask?

Once an injury claim is settled, the specialist pays out 100% compensation, as promised. But the disclosure of deductions after a case is your job to ask, before a company commences in the initial stages.

So How Do You Avoid These Dilemmas?

ASK!!!

• Ask if there is a loan agreement in place? No... then proceed.
• Ask if there is any kick back in place? No... then proceed.
• Ask if you get 'all' of the compensation money (i.e. 100% Compensation)? No... perfect.

Now this is how you erase dilemmas to get ALL the money for your injury claim... by asking!

About the Author:

It's easy to claim injury compensation, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk

About the author:
It's easy to claim injury compensation, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk
By Big Blogger On At 1:07 PM

An Accident Compensation Claim Can Be Settled In 2 Months

Personal injury claims can be settled within 2 months, if you know how. If you make an effort with the accident solicitor, then you never know, you might also have a record breaking settlement.

Over the years, people have started wondering, if anything said by a salesperson is true. Settling an accident compensation claim within 'x' amount of days, weeks, months or years. But as time goes by, you have plenty of reasons to be frustrated!

It's not your fault, falling for their tricks. They're salespeople, that's what they do for a living. Some are honest, tricksters and some of the combination. But the ones that have deceived you, what can you possibly do to them now?

You're right, you can't do absolutely anything at all. Why? You're never going to see them ever again. The have either left the company or moved to another department. Pitches like “we'll finish your compensation claim with 4 months!” I mean, come on…

The Timescale

Each accident claim is unique. Do you think, the accident that happened on the news yesterday is the same as yours? I doubt it. If a case was settled yesterday for a 5 figure sum, what are your initial thoughts? THE FIVE FIGURE SUM! 'Oh, that was a good payout.'

Do you know how long that claim took, who the third party was, who the insurers were? I guess not! But the money factor always catches a person's interest.

A compensation claim should be made on the basis of 'your injury'. Not on the money factor. Treat it as something unfortunate happening to you and allow the accident compensation solicitors deal with it.

Don't treat it as a wager or an additional income and never, never, never put a timescale on it! The minute you put a timescale on it, if it's not achieved then you are only going to be more frustrated. You'll be chasing the solicitor, every week, only to hear that they are waiting for the other side insurers to respond.

There are various factors that can slow down the process for settlement of your personal injury claim.

The Accident

Between yourself and the solicitor, you need to gather all relevant information regarding the accident. The when, how and where, which does, itself take a lot of time, money and effort.

The Medical

Medical consultants also take time off from work, so this can also delay the process. Also when you visit a medical consultant, you could get a good grilling into every detail of your accident and injury. You may also not be satisfied with their report and probably would want them to re-assess it, which in effect takes more time.

The Other Side Insurers

They require a full medical examination of your injuries, including your medical history. Then on this basis they can conclude on a settlement figure.

So before you make a claim for compensation, bear in mind that the timescale varies from case to case. Now for one minute don't think that your claim will get settle in weeks, months or years, until you have spoken to an accident compensation solicitor. Once he/she gathers the information or evidence, then they'll be able to give you a more reasonable timescale. However, this is also approximate, as they don't control the other party insurers.

If they do mention it will take 3 months then you should look at a maximum of 4 months. It does happen, that claims can get settled in 2 months, if it's straight forward. All the relevant paperwork is in order and the other side has admitted liability. In order to reduce long legal battle, expenses, time and effort, they know they're in the wrong, so it's best to settle early. On the other hand, how would a solicitor make those estimates if you don't speak to them?

The Payout

Money is sometimes a motivating factor as it does help and contribute to some of your disrupted life activities. But don't rush the accident solicitor to settle the claim quicker.

There are other 'factors' that, if a claim lasts longer, the more you get paid. This could possibly be true to a certain extent.

So in conclusion, do claim for your personal injury or accident and be patient as there is no real law to settle a case quicker just because you, the injured, need the money urgently.

About the author:
It's easy to make an accident compensation claim, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk
By Big Blogger On At 1:06 PM

An Accident Compensation Claim Can Be Settled In 2 Months

Personal injury claims can be settled within 2 months, if you know how. If you make an effort with the accident solicitor, then you never know, you might also have a record breaking settlement.

Over the years, people have started wondering, if anything said by a salesperson is true. Settling an accident compensation claim within 'x' amount of days, weeks, months or years. But as time goes by, you have plenty of reasons to be frustrated!

It's not your fault, falling for their tricks. They're salespeople, that's what they do for a living. Some are honest, tricksters and some of the combination. But the ones that have deceived you, what can you possibly do to them now?

You're right, you can't do absolutely anything at all. Why? You're never going to see them ever again. The have either left the company or moved to another department. Pitches like “we'll finish your compensation claim with 4 months!” I mean, come on…

The Timescale

Each accident claim is unique. Do you think, the accident that happened on the news yesterday is the same as yours? I doubt it. If a case was settled yesterday for a 5 figure sum, what are your initial thoughts? THE FIVE FIGURE SUM! 'Oh, that was a good payout.'

Do you know how long that claim took, who the third party was, who the insurers were? I guess not! But the money factor always catches a person's interest.

A compensation claim should be made on the basis of 'your injury'. Not on the money factor. Treat it as something unfortunate happening to you and allow the accident compensation solicitors deal with it.

Don't treat it as a wager or an additional income and never, never, never put a timescale on it! The minute you put a timescale on it, if it's not achieved then you are only going to be more frustrated. You'll be chasing the solicitor, every week, only to hear that they are waiting for the other side insurers to respond.

There are various factors that can slow down the process for settlement of your personal injury claim.

The Accident

Between yourself and the solicitor, you need to gather all relevant information regarding the accident. The when, how and where, which does, itself take a lot of time, money and effort.

The Medical

Medical consultants also take time off from work, so this can also delay the process. Also when you visit a medical consultant, you could get a good grilling into every detail of your accident and injury. You may also not be satisfied with their report and probably would want them to re-assess it, which in effect takes more time.

The Other Side Insurers

They require a full medical examination of your injuries, including your medical history. Then on this basis they can conclude on a settlement figure.

So before you make a claim for compensation, bear in mind that the timescale varies from case to case. Now for one minute don't think that your claim will get settle in weeks, months or years, until you have spoken to an accident compensation solicitor. Once he/she gathers the information or evidence, then they'll be able to give you a more reasonable timescale. However, this is also approximate, as they don't control the other party insurers.

If they do mention it will take 3 months then you should look at a maximum of 4 months. It does happen, that claims can get settled in 2 months, if it's straight forward. All the relevant paperwork is in order and the other side has admitted liability. In order to reduce long legal battle, expenses, time and effort, they know they're in the wrong, so it's best to settle early. On the other hand, how would a solicitor make those estimates if you don't speak to them?

The Payout

Money is sometimes a motivating factor as it does help and contribute to some of your disrupted life activities. But don't rush the accident solicitor to settle the claim quicker.

There are other 'factors' that, if a claim lasts longer, the more you get paid. This could possibly be true to a certain extent.

So in conclusion, do claim for your personal injury or accident and be patient as there is no real law to settle a case quicker just because you, the injured, need the money urgently.

About the author:
It's easy to make an accident compensation claim, if you ask! The 12 'Revolutions' were created to put all your compensation in your pocket. Learn more at http://www.100percent-compensation.co.uk
By Big Blogger On At 1:06 PM

Google’s Book Scanning and Copyright Laws

As you may know, Google is making an effort to scan every book in the world. The goal is to create a giant online database of every book that can be searched. One small problem is the fact that Google is violating copyright laws.

Copyright

Google argues its book database doesn’t violate copyright laws. The company suggests it only shows short passages and accompanies the text with ads showcasing where the full books can be purchased. Of course, the ads are Google Adwords from which the company makes a tidy profit.

On Tuesday, the search goliath rolled out stand-alone book search services in 14 countries. The same day, the Text and Academic Authors Association (TAA) became the latest publishers' organization to call Google's opt-out strategy backwards.

Authors, Publishers and publishing associations are not happy. While Google only publishes the full text of books in the public domain, it is still copying entire books for which it has no permission. Google claims it can do this because the books are being scanned from versions owned by public libraries. Fearing an avalanche of lawsuits, Google backed off.

In August, Google stopped scanning copyrighted books in public library collections. At the same time, it gave publishers the right to submit lists of books the publishers didn’t want scanned. As you can image, publishers still aren’t happy.

The Arrogance of Google

Once viewed as the underdog to giants such as Microsoft, Google continues to act like the local school bully. In this case, the company has taken such an arrogant approach that lawsuits are inevitable. Google is going to take a beating in the lawsuits and here is why.

Consider the neighborhood you live in. What if a local crime syndicate informed every household it was going to steal everything in each household. Undoubtedly, there would be calls of outrage. In response, what if the crime syndicate then suggested you could send a list of items in your house that you didn’t want stolen? This is exactly what Google is doing.

Google’s decision to scan every book in the world is idealistic, but laughably simple minded. At a time when the recording industry is suing teenagers for file swapping, one would think Google would get a clue.


About the author:
Richard A. Chapo is a San Diego business lawyer with San Diego Business Law Firm. Read more business law articles.
By Big Blogger On At 1:06 PM

OSDL RELEASES Q&A ADDRESSING RECENT LEGAL ACTIONS BY SCO GROUP

The Open Source Development Lab (OSDL), a global consortium of leading technology companies dedicated to accelerating the adoption of Linux, today released a Q&A paper written by noted technology law and intellectual property expert Lawrence Rosen. The paper asks and answers key questions about SCO Group's current lawsuit against IBM and about its threatened litigation against users of Linux. The Q&A paper is designed to help Linux users with information to better understand the legal issues in this case, and to help them evaluate their own position with respect to SCO's demand for license fees from companies that continue to use Linux.

In his paper, Rosen identifies some of the legal issues raised by the SCO Group's claims as they relate to Linux development and usage. He does not offer legal advice, but rather frames some of the key questions that companies should ask their own counsel about their use of Linux. He points out that SCO has a long way to go before it can assert broad intellectual property claims against an operating system that was written by thousands of open source programmers worldwide.

"As we have noted before, we see no evidence that end users are slowing down their Linux implementation plans because of SCO's actions" said Stuart Cohen, OSDL CEO. "Mr. Rosen's paper is designed to help users assess whether or not they need to purchase a license to use Linux. We want all those in the Linux industry to know OSDL's position on this issue: Absent clear, open and publicly available evidence that using Linux violates rights that SCO has not already freely conferred by distributing Linux under the GPL license over the course of several years, there is real doubt as to whether end users should purchase a license from SCO."

Key issues covered in Rosen's paper include:

Extent to which the Linux operating system is involved in SCO vs. IBM
Extent to which any single entity has copyright control over Linux
Assessment of impact SCO vs. IBM may have on users of Linux
"The real legal issue in this case is between two companies, not between a software provider and end users, nor between a company and an operating system," Rosen says. "Users should be completely informed of their rights and obligations, if any, before they take steps to purchase a software license they may never need."

To read the entire paper, please visit the OSDL Web site at:

http://www.osdl.org/docs/qa_re_sco_vs_ibm.pdf

http://www.osdl.org/docs/qa_re_sco_vs_ibm_html.html

Lawrence Rosen is founding partner of Rosenlaw & Einschlag, a technology law firm, with offices in Los Altos Hills and Ukiah, California (www.rosenlaw.com). He also serves as general counsel and secretary of Open Source Initiative (www.opensource.org), which reviews and approves open source licenses and educates the public about open source issues.

About the Open Source Development Lab

OSDL - home to Linus Torvalds, the creator of Linux - is dedicated to accelerating the growth and adoption of Linux in the enterprise. Founded in 2000 and supported by a global consortium of IT industry leaders, OSDL is a non-profit organization that provides state-of the-art computing and test facilities in the United States and Japan available to developers around the world. OSDL sponsors include Alcatel, Cisco, Computer Associates, Dell, Ericsson, Force Computers, Fujitsu, HP, Hitachi, IBM, Intel, Linuxcare, Miracle Linux Corporation, Mitsubishi Electric, MontaVista Software, NEC Corporation, Nokia, Red Hat, SuSE, TimeSys, Toshiba, Transmeta Corporation, Turbolinux and VA Software. Visit OSDL on the Web at www.osdl.org.

OSDL is a trademark of Open Source Development Labs, Inc. Linux is a trademark of Linus Torvalds. Third party marks and brands are the property of their respective holders


About the author:
Press Release
By Big Blogger On At 1:05 PM

Where to Get Legal Representation for Your Injury Claim

Nowadays, getting legal assistance and representation are so costly that many are finding other ways to look for cheap and sometimes "free" legal advice. The Internet is filled with online sources and legal websites that offer supposedly free legal counsel.

Quite a few sites actually, offer detailed analysis of situations most often for free, or sometimes for a minimal fee. Many of them entertain legal queries. However, the legal advice that you may get from these sites are not reliable, and most of the sites even have a disclaimer on the advice provided.

Nothing beats advice coming from a reputable and knowledgeable lawyer. Here are some ways to help you find a good, experienced personal injury lawyer, whom you feel you can trust:

Innie Minnie Miny Moe… Who do you refer?

Getting referrals on experienced lawyers is easy. However, you need to meet with each of them to discuss your claim before you decide to hire someone. And be prepared to get rejected. Remember that lawyers are practicing their profession for their own gains. Many do not take cases if they fall below a certain potential recovery amount. In addition, there are also those who reject claims that are not crystal clear. So make sure you have everything in place and all the information when you meet with the potential lawyers.

You can get referrals from (1) friends and acquaintances, (2) other lawyers, and (3) referral services. Talk with friends or acquaintances who have been represented by a lawyer in their own cases. If they have nothing but good things to say about a lawyer, put him/her on the list. Discuss your case with that lawyer and decide if you feel that you will be comfortable working with him or her.

Other lawyers you know would also be able to make referrals of other lawyers. They usually confer cases with one another so most of them may know someone who can handle your case.

On the other hand, most bar associations have referral services where names of lawyers and their specialties are available.

Let's discuss the problem…
As with all referrals, discussing your case with each of the lawyers will help you determine the best representation that could handle your personal injury claim. Bring all pertinent documents from the police report, to medical bills and correspondences with the insurance company. Most lawyers do not charge at the initial consultation. Nevertheless, there still those who already want to charge for discussing whether or not he or she will take the case. When this happens, it's time for you to go look somewhere else.

His/Her General Experience…
You need to know a few basic things about your potential lawyer. These include: (1) How long has the lawyer been in practice; (2) What percentage of the practice involve personal injury claims; (3) Does the lawyer practice as a plaintiffs' or defendants' representative; and (4) Would he or she personally handle your case. If not, then find out who would be dealing with you directly, and ask to meet that lawyer. It's not uncommon for more than one lawyer in a firm to handle the same case. Often, less experienced attorneys handle routine tasks.

How much is it worth?...
After discussing the facts on your case, it's time to move on to how much he or she thinks your case is worth. In addition, ask your potential lawyer how difficult he or she thinks it may be to get the insurance company to pay the amount. This is the time to let your lawyer know what it is you want him or her to do for you.

In the end, getting your lawyer to represent you depends on your needs and wants. So don't confuse the information you get from the Internet with true legal advice. Obtaining advice and representation from a licensed, practicing lawyer is still the most reliable means when you're facing a particularly serious or complicated injury claim. As in any other regular hiring process, just remember to interview first before you decide. If you feel confident with a lawyer's experience and his ability to handle your case, chances are you found the best lawyer for you.

About the author:
For additional information and comments about the article you may log on to http://www.personalinjurydefenders.com
By Big Blogger On At 1:04 PM

Statutory Dismissal and Disciplinary Procedures - As simple as 1, 2, 3?

The DTI announced the introduction of the statutory procedures in October 2004 as being ‘as simple as 1,2,3.’ The procedures were intended to impose minimum standards when dealing with dismissal and disciplinary matters and to encourage employers and employees to resolve their disputes in the workplace. Our experience of the procedures over the last 8 months suggests that they are far from simple. We have set out below some of the pitfalls of the new regime.

“As long as you follow the statutory procedure your employees cannot claim unfair dismissal?”

Wrong! Employers are now faced with additional procedural hurdles that they must comply with in order to avoid a claim not only of unfair dismissal, but that it was automatically unfair. That is not the end of the matter - the normal principles of fairness continue to apply. Keeping to the procedures does not necessarily protect the employer against an unfair dismissal claim.

Does the statutory procedure only apply to disciplinary dismissals?

No. The new procedure applies to most situations where dismissal might be the outcome (with a limited number of exceptions). Employers who make an employee redundant (other than under a collective redundancy) or look to dismiss an employee for lack of capability or following a business re-organisation will need to comply with the statutory procedure. The procedure even applies where an employer decides not to renew a fixed term contract as this is deemed to be a dismissal by law. Whilst many employers are used to having a procedure to deal with disciplinary matters, they are often not used to following any sort of procedure for other types of dismissal. This is where an unwary employer can get caught out.

What do you have to do before dismissing an employee for redundancy?

The statutory procedure does not apply to collective redundancy situations, that is where 20 or more redundancies are made within a 90 day period. However, where less than 20 employees are to be made redundant, an employer must set out in writing the circumstances that have led them to contemplate dismissing employees for redundancy. In this letter, the employer will need to set out the grounds for the decision to make redundancies and include details of the selection criteria used or proposed and any alternative positions. After the employee has had a reasonable opportunity to consider the letter this should be followed by a meeting with the employee. After the meeting the employer must confirm their decision and, if they are dismissed, inform the employee of their right to appeal.

There is some debate about whether employees have the right to be accompanied at redundancy consultation meetings. Recently, the Employment Appeal Tribunal decided in Taskforce (Finishing and Handling) Limited –v- Love that the right to be accompanied does not apply to redundancy meetings. However, the Employment Act 2002 provides that meetings must be conducted in a manner that enables both employer and employee to explain their cases. It is argued by some that this includes the right to be accompanied. We will need further case law to clarify this.

What about warnings?

Another question we are frequently asked is what an employer should do about warnings. Warnings are outside the remit of the statutory disciplinary procedure. However, the procedure followed in relation to warnings is likely to be very relevant whenever an Employment Tribunal considers a claim for unfair dismissal. The best advice is for employers to have given a series of warnings prior to dismissal in all but the most serious cases. Where an employer is unsure of the likely outcome of a disciplinary hearing but one option could be dismissal, they will need to follow the statutory disciplinary procedure even if, in the end, only a warning is given.

Do you need to follow the procedure when dismissing an employee with less than one year’s service?

Dismissing employees with less than one year’s service without following the statutory procedure will not give them the right to claim automatic unfair dismissal as they do not have the relevant period of continuous service. Further, failure to follow the statutory procedure does not by itself give rise to a claim in respect of which compensation can be awarded. Many employers have therefore ignored the statutory procedure when dismissing such employees. However, if the employee has or might have other claims arising from their dismissal which do not require a year’s service to bring them, such as for race, sex or disability discrimination or unlawful deduction from wages, the employer should ensure that they do follow the statutory procedure. Further, if the employee is successful in one of the other claims and can show that the employer was at fault in not following the statutory procedure, the Employment Tribunal will increase the level of compensation paid to the employee by between 10 and 50 per cent. As compensation in discrimination claims is not capped, the cost of failing to follow the statutory procedure in such cases could be considerable. In view of this, unless an employer can be certain that the employee has no other claims, we would advise that they follow the statutory procedure when dismissing employees with less than one year’s service.

Many employers reviewed their disciplinary procedures in October 2004 but did not look at their other dismissal procedures. As the first anniversary of the statutory dismissal and disciplinary procedure approaches, employers should ensure that they take on board its full implications. Far from being as simple as 1,2,3, the statutory procedure is often confusing and difficult to apply.

This bulletin is prepared and published by Cripps Harries Hall for the general interest and benefit of readers. It is not intended to be a definitive analysis of the law or other issues relating to the subject matter of each article. Advice should be taken on specific issues before you take or decide not to take any action. The practice is regulated by the Law Society.

About the author:
For further information contact:
Cripps Harries Hall LLP
Telephone: 01892 515121
Website: www.crippslaw.com
Email: info@crippslaw.com
By Big Blogger On At 1:04 PM

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