December 23, 2019
Why a Personal Injury Case Takes at Least Six Months to Go to Trial
Your personal injury lawyer, like a personal injury lawyer in Georgia, may decide to file a lawsuit soon after you hire a lawyer to represent you. That is most likely to happen if the deadline for filing suit (the statute of limitations) is quickly approaching. If the need to file a lawsuit is less urgent, your lawyer may want to investigate the facts and try to settle the case without filing a lawsuit. If your injuries are still healing, your lawyer might want to wait until the full extent of your injuries are known before filing suit.
Many cases can be settled without filing suit. When a lawsuit is filed, however, don’t expect a jury to decide your case within the next few weeks. The time it takes for a lawsuit to go to trial depends on many factors, and a certain amount of delay is built into the system.
Discovery Affects the Time It Takes to Bring a Lawsuit to Trial
Discovery is the process by which each party in a lawsuit learns about the evidence in the possession of the other party. Some discovery is conducted in writing. Depositions, however, consist of testimony that parties and witnesses give under oath in the presence of a court reporter. Depositions are often recorded on video.
In a personal injury case, the injury victim’s lawyer will want to take the deposition of the person who caused the victim’s injuries. The lawyer might also take depositions of other witnesses who have knowledge of key facts, particularly if those witnesses will not share their knowledge voluntarily.
The insurance company lawyer will want to take the accident victim’s deposition. The victim’s personal injury lawyer will spend as much time as necessary to prepare the victim to testify. The victim’s lawyer wants to be sure that the victim will not be surprised by the opposing lawyer’s questions. The victim’s lawyer does not want to be surprised by the victim’s answers.
Personal injury lawyers will often use the injury victim’s treating physician as a witness. The insurance company will typically take the doctor’s deposition. Both sides might decide to use other expert witnesses. If so, each party will want to depose the other party’s experts.
The process of conducting discovery typically takes at least six months. Written discovery usually, but not always, precedes depositions. Since lawyers and witnesses need to coordinate their schedules, it takes some time before discovery is complete. Expert witnesses can be particularly difficult to schedule since doctors and other experts have busy professional lives.
Congested Court Calendars Affect the Time It Takes to Bring a Lawsuit to Trial
To some extent, lawyers are at the mercy of busy judges. Some courts are busier than others, but most courts have crowded trial calendars. Even when the lawyers are ready to bring a case to trial, judges may not be able to schedule the trial until a few months after discovery ends.
In some cases, insurance companies will bring motions seeking to end the case without a trial. Motions to dismiss and motions for summary judgment challenge whether the injury victim’s theory of liability is viable and whether the facts would permit a jury to find in the victim’s favor. Judges schedule trials sufficiently in advance to give themselves ample time to rule on those motions.
Even if discovery is completed within six months, the case might not go to trial until a year or more after the accident. Unfortunately, lawyers have little control over the time it will take a court to schedule a case for trial. Sometimes judges reschedule cases because they are required to give a higher priority to certain kinds of trials.
Fortunately, most lawsuits settle after discovery and before trial. Since there are many factors affecting the timeline of a lawsuit, it is difficult to predict how much time will be needed to resolve any particular case, whether by settlement or jury verdict.
Thanks to Butler Law Firm for their insight into why personal injury cases can take months to go to trial.
December 18, 2019
Signs of Elder Abuse
Nursing Home Abuse Lawyer
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Most of us lead busy lives, juggling the demands of work while providing for our families. If you have elderly loved ones, it can be challenging making sure they get the care and attention they need. Sadly, elder abuse has become an increasingly common problem regardless of whether your family members are in a nursing home or long-term care facility or receive outside help within their own home. It is important to be aware of the types of elder abuse which most commonly occur, as well as the signs that your loved one may be a victim.
Common Types of Elder Abuse
The National Council on Aging (NCOA) reports that as many as one out of every ten citizens in the U.S. over the age of 60 has experienced some form of abuse, amounting to as many as five million people each year. Unfortunately, only one out of every 14 of these cases is reported to law enforcement, and it is often up to family members to realize that abuse is occurring.
If you have a family member living in a nursing home, assisted living facility, or if they have in house providers, it is important to be aware of the types of elder abuse which are common, these include:
- Physical abuse, such as hitting, slapping, pushing, or pinching
- Sexual abuse, which includes harassment and intimate contact
- Emotional abuse, such as verbal threats and put downs
- Confinement, in which an older adult is isolated or restrained without adequate reason
- Neglect, which involves depriving a person of medical care, food, personal hygiene, or attention
- Deprivation; which may involve withholding medications or access to needed medical devices
- Financial exploitation, which may involve stealing, fraud, or misusing funds
Sadly, it is not always strangers who are guilty of elder abuse. The NCOA reports that in 60 percent of all cases, the abuser is a friend or family member.
Knowing the Signs of Abuse
Many older adults are too ashamed or afraid to admit that abuse is occurring. To protect your loved ones, it is important to be aware of the signs:
- Unexplained bruises, broken bones, or other injuries
- Worsening medical conditions without a reasonable explanation
- Increasingly withdrawn or depressed behavior
- A disheveled appearance, losing weight, or the existence of bedsores
- Increased anxiety or agitation in the presence of certain people
- Unexplained loss of money or property
- Behavior that may mimic dementia, such as rocking or thumb sucking
- Dehydration, malnutrition, infections, and other signs of neglect
If you suspect elder abuse your first steps should be to report it to your local law enforcement, as well as to the supervisor and administrator for any care providers. Make alternate arrangements to ensure your loved one’s safety and contact a nursing home attorney, like a Nursing Home Malpractice Lawyers in Phoenix, AZ, as soon as possible. Our elder abuse attorneys can advise you on the best course of action in your situation and can assist you in holding responsible parties accountable. Contact our office today and request a free, confidential consultation to see how we can help.
Thank you to the experts at Rispoli Law, PPLC, for their input into nursing home law.
December 18, 2019
Sherinian Law Attorneys Secure U.S. Trademark Reg. No. 5890002
Intellectual Property Lawyer Naperville IL
Attorneys at the Law Offices of Konrad Sherinian, LLC have secured registration of U.S. TM Reg. No. 5890002, which is an important logo for an up and coming women’s clothing retailer. This registration grants the Trademark Owner significant rights, including providing notice to all potential users of the Trademark Owner’s rights in the registered logo, as well as providing ownership for the mark nationwide, and the exclusive right to use the registered mark for the goods and services recited in the registration; in the case of this mark the following goods and services:
IC 025. US 022 039. G & S: long sleeved t-shirts, short sleeved t-shirts, tank tops, crop tops, sweatshirts, hoodies, hooded sweatshirts, jackets, blouses, kimonos, cardigans, ponchos, dresses, graphical t-shirts, hats, graphical hats, hats sold with graphical wraps, top hats, graphical top hats, top hats sold with graphical wraps, caps, graphical caps, caps sold with graphical wraps, visors, ascots, headbands, turbans, scarves including head scarves, clothing combinations, and jogging sets.
IC 035. US 100 101 102. G & S: Online and brick and mortar retail store services featuring long sleeved t-shirts, short sleeved t-shirts, tank tops, crop tops, sweatshirts, hoodies, hooded sweatshirts, jackets, blouses, kimonos, cardigans, ponchos, dresses, graphical t-shirts, hats, graphical hats, hats sold with graphical wraps, top hats, graphical top hats, top hats sold with graphical wraps, caps, graphical caps, caps sold with graphical wraps, visors, ascots, headbands, turbans, scarves including head scarves, clothing combinations, and jogging sets.
These rights provide the Trademark Owner with a significant competitive advantage within the United States.
If you need assistance in obtaining a trademark registration in the United States, reach out to a trusted Chicago trademark attorney. Our experienced team also has knowledge how to obtain international patents, and one of our staff is fluent in Chinese. Our attorneys have secured numerous trademarks for clients around the world, and can help you with your Trademark Law and Intellectual Property Law needs. Reach out to us today, and we will quickly setup a time when you can speak to an attorney.
You can reach us by phone or email:
P: 630-318-2606
E: info@sherinianlaw.net
The Law Offices of Konrad Sherinian, LLC
December 14, 2019
Sherinian Law Attorneys Secure Settlement in Case of Hollins v. Patel
Personal Injury Attorney Chicago
After 14 months of litigation, the case of Hollins v. Patel has been resolved by settlement. In this case, the Plaintiff, a teen celebrating her graduation from eighth grade, was struck by a vehicle while crossing the street. Despite the teen suffering significant injuries, the Defendant’s insurance company refused to offer any payment until Sherinian Law was retained, and a lawsuit was filed on September 21, 2018. While Defendant initially resisted settlement, after extensive discovery, a settlement was reached in November of 2019.
If you have been injured in an automobile accident or some other way due to someone else’s negligence, reach out to a personal injury attorney Chicago trusts. Our attorneys have litigated numerous personal injury matters and can help you obtain fair compensation for your injury. Reach out to us today, and we will quickly setup a time when you can speak to an attorney.
You can reach us by phone or email: P: 630-318-2606 E: info@sherinianlaw.net The Law Offices of Konrad Sherinian, LLC
December 12, 2019
What Are Your Rights Under the Family and Medical Leave Act?
The Family and Medical Leave Act provides employees to take leave under some conditions. Understanding whether you are eligible and understanding the conditions can be complex. You should talk with a workers’ compensation lawyer if you have questions.
Eligibility
Most government agencies and businesses with 50 employees or more are required to comply with the FMLA. As an employee, you must have worked for this employer for at least 12 months. Even if you do not work for this employer all the time, you may still qualify under some circumstances.
What is Covered Under the FMLA?
The core benefit under the FMLA is the right to take up to 12 weeks of unpaid leave per 12 month period under certain circumstances. These circumstances include childbirth or the adoption of a child or recovery from a health problem that was serious. You might also qualify if you took leave to care for a family member who was dealing with a serious health problem. If you or a spouse will be going into active duty in the military, the FMLA may cover transition time to get ready for that obligation.
While the employer has no obligation to pay for this leave, this is still an important benefit. Your employer must maintain your health insurance, and they cannot fire you because you have taken this extended leave.
What is a Serious Health Condition Under the FMLA?
Health conditions that might apply to you or a family member would include pregnancy, chronic illness that makes someone unable to attend work, and conditions that caused a stay in the hospital. There are other factors to qualifying as a serious health condition, so talk to a workers’ compensation lawyer if you think you’ve been denied benefits.
What Are Some Limits to the FMLA?
Unfortunately, the FMLA does not cover every situation. Even larger companies can avoid their responsibilities under the FMLA if the affected worker is at a location with fewer than 50 employees within a 75-mile radius. Key employees, defined as someone in the top 10 percent of the employer’s payroll within the same 75-mile radius, are not protected by the FMLA.
If an employer can demonstrate that allowing an employee to come back to work after taking FMLA leave will cause them “substantial and grievous economic injury,” as the act itself puts it, they may be able to avoid bringing the employee back.
While the FMLA provides some benefit to employees who are facing difficult situations, its protections are far from ironclad. If you are concerned about your rights under FMLA, you should contact a workers’ compensation lawyer in West Allis, WI.
Thanks to Hickey & Turim, SC for their insight into workers’ compensation claims and the family and medical leave act.