March 17, 2020
Clients are our top priority here at the Law Offices of Konrad Sherinian, LLC. As such, we are continuing firm operations during the COVID-19 crisis. All matters are being handled, and all deadlines (new and existing) are being met as normal.
In addition, you will still be able to reach us on the phone as normal, and, if we are actively handling matters on your behalf, we may reach out to you as we always do. However, given the advice from the CDC, we are discontinuing any client meetings until at least March 30.
You can continue to reach us by phone at 630-318-2606, as well as via email at email@example.com.
If you have any questions, please do not hesitate to contact us.
We look forward to continuing to serve you through this crisis and beyond.
March 5, 2020
A very common question that people who are considering filing a medical malpractice lawsuit is, “If I can prove that the defendant violated the standard of care, does that mean I win my case?” This is actually a common area of confusion. The answer to this question may surprise you. One final note, however, you should not try to represent yourself. It is beneficial to understand how your case will work, but leave it to a legal professional to argue your case for you.
The Standard of Care
Every physician is required to meet a certain level of care. This is called the standard of care. If a physician fails to fulfill this obligation, they have violated the standard of care. This is often called a breach of the standard of care as well.
That sounds pretty conclusive, doesn’t it? A physician failed to meet their obligations, so they should be held liable for their actions or inaction, right? Well, it turns out that proving medical negligence is a little more complicated than that. There are actually four components that must each be proven independently. A violation of the standard of care only makes up the first two components. To win your case, the third and fourth components must also be proven.
The four components of negligence are:
As you can see, duty and breach refer to a violation of the standard of care. The physician’s duty is to provide a certain level of care and a breach of that duty is a violation of that level of care. The third and fourth components refer to your injury. Specifically, it must be proven that the injury was a result of the breach of duty, that the injury is real, and that the injury is significant. Only then has it been proven that the physician is liable.
So how can the first two components be proven, but not the second two? Consider an example. If a doctor accidentally diagnosed a patient wrong, that may be cause for a medical malpractice lawsuit. But if the medicine prescribed would have been the same for the correct diagnosis, then the misdiagnosis did not actually cause any harm. It is possible for the violation of the standard of care to be completely coincidental to the injury, which means it must be proven that this is not the case if you want to win your lawsuit. Again, you should leave this up to your medical malpractice lawyer in Orlando, as it is incredibly complicated to legally prove.
Thanks to Needle & Ellenberg, P.A. for their insight into medical malpractice claims and violations of the stands of care.
February 26, 2020
Often clients of an estate planning lawyer in Rolling Meadows, IL will choose 2 or more children to act as co-trustees or co-executors because clients don’t want to “play favorites” and want every child to have a say in the estate or Trust administration. Although it may seem like a logical idea, it often turns into the worst decision for the family.
When we raise our children, we try to instill them with the same values and beliefs and teach them to be kind and respectful to one another. Then the children grow up, get married, have children, and lead very separate lives. During that time, each child has evolved as their own families grow. Two people with different backgrounds raise their own children and mix their cultures, beliefs and traditions. Then fast forward around 35 to 40 years, these same children who Mom and Dad raised exactly the same, who hopefully have the same values and beliefs originally instilled in them, have to come together, and make an inordinate amount of emotional and financial decisions about Mom and/or Dad while they are alive, and when they are gone.
This evolution of life is truly a recipe for potential disaster. Kids coming back together for Thanksgiving dinner or holiday brunch is common, and generally peaceful and happy occasions. Kids coming back for a Family Planning Meeting with a coordinator at a senior living facility, or at a funeral home, or at an attorney’s office to discuss estate planning, is emotional and very tense for everyone. Sometimes the adult children are very accommodating, respectful and generous when dealing with decisions for Mom and Dad. That unfortunately is the exception. Most times, there is at least one child in the family that will cause more issues when making tough decisions for Mom and Dad.
Is the answer NOT choosing 2 or more kids to act together as trustees or executors? No. The answer is to be honest with yourself and take stock of your family dynamics as they are today. Perhaps the kids were very close growing up. Perhaps parents wish them to be close today, but they are not. If that is the case, DO NOT make them act together to make important decisions with your finances and/or your health. Choose one person for each type of decision and tell the family that you have made your decisions. If you want to avoid conflict for your children when you die, talk to them while you are alive, about the decisions you made, and why you made them. This way no one is caught off guard. The goal is not only to keep them from fighting, but hopefully, the children can have Thanksgiving together in peace, even after Mom and Dad are gone.
Thanks to Bott & Associates, Ltd. for their insight into estate planning and litigation.
February 26, 2020
No one looks forward to experiencing a car crash. The incident can do more than just ruin your day. An accident can leave you with an overwhelming amount of damage to both the vehicle and your body.
When it comes to paying for the resulting damage from a car accident, whether it be to property or person, you may find that the insurance company is dragging its feet. Depending on where you live, you may feel stuck by the laws governing how insurance companies deal with accidents. Before you decide to pass on finding help through the process in the form of an attorney, take a look at some of the actions you should take immediately following a collision, so that you may preserve your rights and set yourself up for getting the money you need to move forward.
Document the Scene
After a crash, the police may or may not respond. Some jurisdictions only have enough personnel to deal with accidents that involve major physical injuries, and as such, you and the other driver may be on your own. Regardless of whether law enforcement responds or not, you should document the scene of the accident. Take photos and video of the way the vehicles look after the incident before moving your cars out of the way, if possible. This gives an investigator a better understanding of how the events unfolded.
Third-party witnesses are a hot commodity when it comes to sorting out the facts of a crash. These are individuals who observe the events, either from another vehicle or from another vantage point. They do not know either driver, which makes it unlikely they are for or against one or the other. Some people are reluctant to share their personal information and get involved, so you may have some convincing to do. Ask them to please leave their name and best phone number or email so that they can help you in the event the insurance company doesn’t give you what you are owed.
You are able to enlist the help of a car accident lawyer if you choose. These attorneys are well-versed in the way the insurance companies handle car accident claims. You do not have to wait to get an attorney. If you do get representation or are considering it, you must let the respective insurance companies know. Having an attorney changes the approach these companies take when investigating and processing claims. You and the insurance adjuster will want your attorney to be a part of all discussions.
A car accident can change your life in many ways, often for the worse. There is nothing wrong with enlisting the assistance of a car accident lawyer, like a car accident lawyer in Milwaukee, WI, for your well-being.
Thanks to Hickey & Turim Attorneys at Law for their insight into some of the things you should know about filing a lawsuit after a car accident.
February 25, 2020
Juries decide whether to award compensation for car accidents by evaluating the evidence. When two drivers and other witnesses give differing accounts of how an accident occurred, juries study the physical evidence to help them decide which driver was more at fault for the collision.
Preserving physical evidence is important for two reasons. First, physical evidence can help injury victims prove that the driver they sued is responsible for their injuries. Second, a failure to preserve physical evidence may convince a jury that the injury victim has something to hide.
Using Physical Evidence to Prove Liability After a Car Accident
Physical evidence helps car accident lawyers reconstruct collisions. Gouges in the road can pinpoint where the accident occurred. That evidence is important when drivers disagree about which car crossed a centerline.
Skid marks shed light on whether a driver was braking before the collision occurred. The absence of skid marks may prove that a driver wasn’t paying attention to the road.
The location of crash damage on the colliding vehicles can prove which vehicle struck the other. The position of vehicles after the crash will help an accident reconstruction engineer determine how fast the vehicles were travelling when the collision occurred.
Nearly all cars manufactured after 2013, as well as many earlier models, have an event data recorder (“EDR”). Sometimes called a “black box,” an EDR maintains a record of critical data just before and after a crash, including vehicle speed, direction of steering, and brake application. Many disputes about liability can be resolved by analyzing EDR data from one or both of the vehicles involved in the crash.
The Importance of Preserving Physical Evidence After a Car Accident
Gathering and preserving physical evidence can be the key to winning a lawsuit. At the same time, an accident victim’s failure to preserve evidence can be viewed as proof that the victim was at fault. For example, if a car owner destroys the vehicle’s black box shortly after the accident occurs, a jury might view that act as proof that the owner had something to hide.
The law requires parties to a lawsuit to preserve evidence that might be important. It does not matter whether the evidence would help or harm the party, because whether the evidence is helpful or harmful cannot be known if the evidence has been lost or destroyed.
Violating the duty to preserve evidence is known as spoliation. When spoliation occurs, a judge can instruct the jury that it can presume the party destroyed the evidence because the party knew it would be harmful to the party’s case. In extreme cases, a judge might even dismiss a lawsuit because spoliation makes it impossible for the other party to have a fair trial.
How to Preserve Evidence After a Car Accident
Since spoliation of evidence can harm the party that has a duty to preserve it, every accident victim should take steps to preserve physical evidence that is within its control. While that duty does not apply to evidence over which the victim has no control, such as gouges and skid marks on a road surface, the accident victim will benefit from making a record of that evidence for later use in court.
Car owners should not junk a car that was involved in a lawsuit, should not have it repaired, and should not remove or tamper with a black box until receiving legal advice. The accident victim’s lawyer will probably want to photograph damage to the car. Whether the photographs are sufficient, or whether the car needs to be maintained in its post-accident condition, is a judgment call that a car accident attorney will need to make.
It is best to take photographs of both cars and the accident scene (including the road) before the vehicles are moved. The accident victim’s lawyer might also want an investigator to take professional photographs and to make measurements before evidence disappears. Contact a personal injury law firm in Atlanta, GA immediately after an accident is the best way to assure that evidence is preserved.
Thanks to Butler Law Firm for their insight into collecting evidence after a car accident.
February 21, 2020
Trademark Attorney Naperville IL
Attorneys at the Law Offices of Konrad Sherinian, LLC have secured registration of U.S. TM Reg. No. 5968272, which is an important logo for an up and coming large scale database software development company. 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 042. US 100 101. G & S: Application service provider (ASP), namely, hosting of computer software; leasing and rental of computer hardware and computer peripherals; leasing computer hardware and computer peripherals; computer services, namely, providing temporary use of non-downloadable computer software for use in database management; computer services, namely, providing computer software and platforms for database management of time based data; providing an on-line computer database in the field of time based data; data as a service (DAAS) services featuring software for data analytics and tracking of time based data; technical support services, namely, remote and on-site infrastructure management services for monitoring, administration and management of public and private cloud computing IT and application systems; computer services, namely, providing cloud computing featuring a full line of nondownloadable computer software to manage, analyze, retrieve, monitor, maintain, report on, structure, model, forecast, present and display data and information from computer databases, applications and the internet, and for the development, analysis, management, integration, deployment, virtualization and maintenance of computer software and hardware; providing temporary use of non-downloadable database software to manage, monitor, track and organize data; providing temporary use of non-downloadable computer software applications to manage, monitor, track and organize data, namely, web services software, application server software, business intelligence software, internet and intranet portal software, computer software to automate data warehousing, content management software, operating system software, computer utility software, computer networking software, cloud computing software, computer networks, and global communications networks; providing temporary use of non-downloadable computer software applications to manage, monitor, track and organize data in the fields of marketing, sales, customer service, contracts, human resources, clinical research, health care, health sciences, education, communications and telecommunications, financial transaction processing, analysis and management, simulation, enterprise and resource planning; Data automation and collection service using proprietary software to evaluate, analyze and collect service data; Data mining; Data warehousing; Database development services; Design of computer database; Development and creation of computer programs for data processing; Development, updating and maintenance of software and database systems; Maintenance of on-line databases for others; Application service provider featuring software for use in providing an on-line database in the field of transaction processing to upload transactional data, provide statistical analysis, and produce notifications and reports; Application service provider (ASP), namely, hosting computer software applications of others; Application service provider (ASP) featuring software for use in data management; Application service provider featuring application programming interface (API) software for data management; Application service provider, namely, hosting, managing, developing, analyzing, and maintaining applications, software and web sites of others in the fields of data management; Computer programming services for data management; Computer services, namely, hosting an interactive web site that allows data management; Computer software development in the field of data management; Providing a website that gives computer users the ability to manage data.
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 Trademark Attorney Naperville, IL residents trust. Our experienced team also has knowledge of how to obtain international trademarks, 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 set up a time when you can speak to an attorney.
You can reach us by phone or email:
The Law Offices of Konrad Sherinian, LLC
February 21, 2020
Intellectual Property Lawyer Naperville IL
Attorneys at the Law Offices of Konrad Sherinian, LLC have secured the issuance of U.S. Pat. No. D873937 – a design patent issued for Barnwood’s Decorative Home Plate – an innovative design that has been featured by the National Baseball Hall of Fame, Team USA, the Roger Maris Museum, and the Louisville Slugger Factory & Museum.
The design covers an innovative home plate design that has quickly become extremely popular. Regretfully, as with most successful designs, copycats have flooded the market with low-quality knockoffs. Luckily, the issued patent provides Barnwood a potential remedy – go to court, sue the infringers, freeze their accounts, and shut them down. Sherinian Law and Tim Kuncis are presently investigating potential enforcement actions against the copycats.
If you need assistance in obtaining a patent in the United States, reach out to a trusted Chicago patent attorney. Our experienced team also can help you to obtain international patents, and one of our staff is fluent in Chinese. Our attorneys have secured numerous patents for clients around the world and can help you with your Patent Law and Intellectual Property Law needs. Reach out to us today, and we will quickly set up a time when you can speak to an Intellectual Property Lawyer Naperville, IL residents recommend.
You can reach us by phone or email:
The Law Offices of Konrad Sherinian, LLC
February 11, 2020
While the systems that administer the benefits vary from state to state, employers within a given state ultimately pay for workers’ compensation benefits. In some states, the premiums are paid into a state-run program, while in others a private insurance company collects those dollars. In a few states, employers pay benefits directly to the worker. The type of benefits workers receive are generally the same, regardless of which system your state uses.
Workers’ Compensation Programs Operated by State Governments
In states that operate their workers’ compensation programs, employers opt in to the system and pay premiums to the state or into a state-run insurance pool. Most programs of this type operate through the Department of Labor, the Department of Commerce, or the Industrial Relations Department. Small businesses and industries with few on-the-job injuries usually find it beneficial to participate in a state-run program.
If you get injured at work, and your employer is part of a state-run workers’ compensation program, your benefits come from the department of the government that administers the plan. Behind the scenes, the logistics are similar to that of any other type of insurance. The employer pays premiums, and the state manages claims and pays out benefits.
Workers’ Compensation Programs Operated by Insurance Companies
Most states allow companies to buy workers’ compensation insurance from a private company instead of opting into a state system. If you work for an employer with a private workers’ compensation policy, you file your claim with the insurance company and receive your benefits directly from it. Some states, such as Washington, do not allow private workers’ compensation policies.
Self-Insured Workers’ Compensation Programs
In states that allow self-insurance, the company must prove that it has enough assets to cover claims incurred. The state government monitors these businesses closely to make sure claims are processed and benefits are paid correctly and in a timely fashion.
Employers who elect to self-insure often contract with a third-party to administer claims and benefits. When a work-related injury occurs, the employer pays directly to the administrator, who in turn pays the injured workers benefits. Of the three systems, self-insured plans are most likely to try to avoid paying out workers’ compensation benefits. Large companies can afford to pay lawyers to fight claims on their behalf.
If you get hurt on the job and your employer obstructs your access to your workers’ compensation benefits, contact a knowledgeable and experienced attorney, like a workers compensation Attorneys in Milwaukee, WI, right away. A delay can damage your claim and leave you without the benefits you deserve.
Thank you to Hickey & Turim SC for their input into personal injury law.
February 9, 2020
Personal Injury Lawyer
Potholes and other road damage pose a constant hazard for bicyclists. Hitting a pothole or a large crack in the road while riding at even a moderate speed can send a bicyclist flying over the handlebars.
Bicycle helmets can help riders avoid head injuries, but even the best bicycle helmet cannot prevent a concussion in every fall. Concussions can cause traumatic brain injuries. Other serious injuries that commonly result from bicycle accidents include broken arms and fingers, wrist and knee injuries, facial disfigurement, road rash, neck injuries, and torn muscles.
States generally recognize the right of injury victims to make a claim against the government (or the owner of a private road, parking lot, or driveway) for injuries sustained by potholes and other road defects. Before thinking about injury compensation, however, bicycle accident victims should take care of their health by seeking immediate treatment for their injuries.
Obtaining Treatment After a Bicycle Accident Caused by a Pothole or Road Defect
Every serious injury caused by a bicycle accident should be evaluated by a doctor. Don’t take the risk of “walking it off” and not getting proper medical care. Without treatment, an injury can turn into a permanent disability. Head injuries in particular require a prompt evaluation. Bleeding and swelling of the brain can be deadly, but brain trauma does not always produce immediate symptoms. By the time an accident victim develops a headache, it may be too late to reverse the effects.
Neck and back injuries can cause nagging pain that worsens over time. Prompt treatment improves recovery time. Following a doctor’s recommendations, including attending physical therapy, is essential to a full recovery.
Unfortunately, many bicycle accident victims put other priorities ahead of their health. Accident victims impair their opportunity to obtain full compensation when they delay or stop treatment. When medical records show that an injury victim obtained immediate treatment and followed all the recommendations made by healthcare providers, insurance adjusters are more likely to concede that the injury is real and that it was caused by the bicycle accident.
Preserving Evidence of a Bicycle Accident Caused by a Pothole or Road Defect
Accident claims are proved with evidence. To establish that a bicycle accident was caused by a pothole or a crack in the road, the accident victim needs to prove that the road defect existed. It is important to take photos of the defect before a road crew repairs it. Gathering the names of witnesses who saw the accident occur will also help the victim’s lawyer prove the cause of the accident.
The victim’s lawyer may also need to prove that the government knew or should have known about the defect. Lawyers often rely on neighborhood residents to testify that the hazard existed for a significant time and that government employees have driven on the road and were therefore aware of the problem.
Making a Claim for Injuries After a Bicycle Accident Caused by a Pothole or Road Defect
The government is usually responsible for maintaining public roads, though some governments hire private companies to fulfill that responsibility. Whether the state, a county, a municipality, or a private entity is responsible for road conditions usually depends on who owns the road.
The failure to repair a pothole can be negligent act. Most states have specific laws that govern negligence claims against the government. Those laws typically set deadlines for giving the government notice of the injury victim’s claim. Those deadlines are typically shorter — sometimes much shorter — than the statute of limitations. Victims might lose the ability to make a claim if they do not give proper notice before the deadline expires.
The time limit for giving the notice may depend on whether it must be served upon the state, a county, or a municipality. The required contents of the notice may also vary. Contacting a bicycle accident lawyer, like a bicycle accident lawyer in Brookhaven, GA, immediately after the accident is the best way for injury victims to ensure that their rights are protected.
Thanks to Butler Law Firm for their insight into what to do if you are injured in a bicycle accident because of a pothole or other defect in the road.
January 28, 2020
When you’re grieving for a loved one, thinking about finding an attorney to handle a wrongful death claim can be overwhelming. You don’t want to spend a lot of time researching how to find a lawyer, but you shouldn’t necessarily choose the first person you speak to. Here are five things to look for when you are ready to speak to a wrongful death lawyer.
Key Factors in Choosing a Wrongful Death Lawyer
Some information you can read about on a lawyer’s website, but you should interview the lawyer to delve into details.
- How much experience does the lawyer have in the area of the law? If your loved one died from a commercial truck accident, you don’t hire an attorney who specializes in construction accidents.
- What is the lawyer’s current caseload and how popular is the person? Popularity is a double-edged sword. On one side, you know that the lawyer has a good reputation, but on the other, it means less time for each client.
- Who will actually be working on the case? How is the time billed? When a paralegal or associate works on your case, will you be billed at a lower rate?
- What is the attorney’s reputation in the community? Talk to people in the industry who might be aware of the lawyer. What do you hear about the lawyer?
- Look at online reviews. Is there a balance of good and not-so-good reviews? Too many good reviews without anyone saying negative things could be a red flag because no attorney will make everyone happy. Too many bad reviews without any good ones is another problem. Unhappy customers tend to be more outspoken, but happy clients should be talking, too.
- Check with the local bar association about disciplinary actions.
- Look for a local attorney who knows the judges and other lawyers who may be involved in your case. This information can be valuable when negotiating and mediating.
- Listen to your inner voice. Make sure you feel comfortable with the lawyer. You will be dealing with this person and need to trust the lawyer with what may be intimate details of your life. If you can’t communicate with the lawyer, it will make the process even more difficult.
Why You Need a Lawyer for Your Wrongful Death Claim
Wrongful death lawsuits are complex issues. You can’t just Google it and handle it yourself. You will need experts to show the negligence of the other party. It takes financial specialists to demonstrate the economic damages. You need a wrongful death attorney in Minneapolis MN who can present your case successfully. Contact a lawyer to discuss your case to take the next steps.
Thanks to Johnston | Martineau PLLP, Attorneys at Law for their insight into wrongful death claims.