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.

December 5, 2019

Hit-And-Run

Hit-And-Run

Motor vehicle accidents are scary. Motor vehicle accidents can be very traumatic and life-altering in several ways. If you are involved in a motor vehicle accident that contains a hit-and-run, this may pack on an intense load of additional stress and frustration. Hit-and-run accidents occur when an individual strikes other property and leaves the scene of the accident before taking the proper steps to resolve the matter. Which may include, calling the police, exchanging contact information, and insurance information. Should you or someone you know be a victim of a hit-and-run, although you are frustrated, there are a few things you should do immediately after.

What you do following a hit-and-run incident is just as important as what the at-fault party is expected to do. It is impossible to gather the at-fault party’s contact and insurance information, therefore there are additional steps that must be taken that will assist you in seeking compensation damages that you have suffered.

1.    Get to a safe location so that you may avoid another incident occurring. It is natural to want to chase the other person that caused the accident, but this is not safe. If necessary, always seek medical attention as soon as possible.

2.    Call law enforcement. Reporting the accident informs law enforcement that this occurred, hit-and-run accidents could also lead to criminal charges for the other party so officers should be informed. Provide all the details you have, maybe the color, make, and model of the car, as well as the direction it had gone with the license plate number should you have it. Photos are very helpful.

3.    Any information that you have related to the incident should be kept during this investigation. Photos of your vehicle, any property damage, any injuries, and the scene of the accident. Take note of the details of the incident and how it occurred.

4.    Check for witnesses and gather their record of the incident, as well as their contact information should they be able to help you in the future of your case. This is information is likely to support your story as well. 

5.    Report the accident to your automobile insurance company. Depending on your coverage, you may be covered for property damage and bodily injury with this instance under Uninsured or Uninsured Motorist coverage. When you contact them, let them know the details of what occurred. 

6.    Speak with a skilled personal injury attorney to see what legal options you have regarding the damages and filing a potential claim.

Personal injury attorneys offer free consultations, once these steps are taken and if taken properly, a car accident attorney in Dekalb County, GA will be able to help you that much more. Contact an attorney as soon as possible.

Thanks to Andrew R. Lynch, P.C. for their insight into personal injury claims and hit and run cases.

 

November 13, 2019

The Types of Compensation After a Car Accident

If you were recently involved in an accident that was caused by another driver, it is natural to desire compensation. Sometimes, it requires a lawsuit to get the compensation you are owed. If you find yourself in this situation, you probably have a lot of questions, such as what kinds of compensation can you receive? It is important to understand this before you file so you can be sure to get compensated for everything you can. Remember, the first thing you should do when a lawsuit seems likely is to hire an attorney. The sooner you have legal representation, the better.

Types of Compensation

There are three types of damages, which are essentially the forms compensation can take. The types of damages are:

  • General compensatory damages
  • Special compensatory damages
  • Punitive Damages

Despite the name, special compensatory damages are actually the simplest. These damages correspond to financial losses. Essentially, if the accident resulted in you losing some amount of money, compensation for that loss will be special compensatory damages. These damages may include repairs to your vehicle, a hospital bill, damage to property inside the vehicle, missed paychecks due to an injury resulting from the accident, and other expenses.

General compensatory damages are the opposite of special compensatory damages. They correspond to non-financial losses. Any type of loss or suffering that you experienced as a result of the accident which does not have an exact dollar value falls into this category. General compensatory damages may include pain and suffering, emotional turmoil, and wrongful death. Because these types of losses do not have an exact monetary value, the judge will decide how much a fair amount for compensation is.

Finally, there are punitive damages, which are completely different from the other two categories of damages. Punitive damages are not meant to be forms of compensation, but rather a punishment for the defendant. These types of damages are rare in car accident cases. Usually, punitive damages are assigned when the defendant intentionally caused harm, but car accidents are almost always unintentional. However, if someone causes an accident by driving drunk, punitive damages are much more likely. Again, the judge will decide whether or not punitive damages should be assigned, and how much they should be.

It will largely be your attorney’s responsibility to correctly file all the claims for your losses in each category. Having an attorney, like a car accident lawyer in West Bend, WI, will help you with this matter will make it much easier to properly make your claims and avoid missing any losses.

Thank you to the experts at Hickey & Turim SC for their insight into types of compensation after a car accident.

August 29, 2019

What Is a Trust?

 

According to national statistics, more than half of the adults in this country do not have an estate plan in place to address what should happen to their assets when they die. And the majority of those who do, only have wills. But as a trust attorney can explain, there are many estate planning tools that are available which can ensure your family’s future will be secure even when you are not longer here.

One such tool is a trust. There are several different types of trust, but many people stay away from using trusts as an estate planning tool because they are unsure of how trusts work or they are under the misconception that only the rich uses trusts and you have to be wealthy in order to set one up. The truth is that the majority of people can benefit in having some type of trust in place.

How Do Trusts Work?

When a person establishes a will, they give instructions on how their property should be distributed upon their death. A trust can do the same thing, but the process is different. The person creating the trust is referred to as the grantor or the testator. The person who receives the contents of the trust is called the beneficiary. The person who is in charge of managing the grantor’s assets and distributing them to the beneficiary is referred to as the trustee.

Often the grantor will appoint themselves as trustee and this way they maintain complete control over the assets of the trust. They then appoint a secondary trustee who will make sure the assets are distributed per the grantor’s instructions when the grantor passes away.

Trusts offer many more benefits over just having wills. As a grantor, you still have complete control over the assets in the trust. For example, if you plan on leaving all of your assets to your adult child but feel that they are not mature enough to handle receiving all of those funds at once, a trust allows you to set up stipulations as to how and when they will get funds from the trust.

Having a trust also means there is no probate for the assets that are held in the trust like there is for wills. This serves multiple purposes. Probated wills are available to the public, which means anyone will be able to find out how much money is in the estate and who the beneficiaries are. Trusts information are not available to the public. The probate process also takes approximately one year and involves legal expenses, as well.

Trusts also protect the beneficiary from any creditor or divorce actions that could result in seizure of the inherited assets.

Contact a Trust Attorney Today

If you would like to learn more about the different trusts available and how trusts can be used in your estate plans, contact a trust attorney in Sacramento, CA today to set up an initial consultation.

 

Thanks to the Yee Law Group for their insight into estate planning and what a trust is. 

 

 

August 16, 2019

How Long Do I Have To File a Claim?

Car Accident Lawyer

If you are considering filing a personal injury lawsuit, there is an important aspect you need to understand. It is called the statute of limitations. This is essentially your time limit to file your lawsuit. If you wait too long, you will not be able to file, and if you try to file a lawsuit then it will be thrown out. If you want to successfully file a personal injury lawsuit, you need to know exactly how much time you have. This guide will go over everything you need to know, but it is also a good idea to speak with a personal injury lawyer in St. Paul, MN to learn more.

How Does the Statute of Limitations Work?

It is easy to understand the concept of a time limit on your lawsuit, but there are two aspects that many people do not fully understand. First, the statute of limitations begins counting down at the time of the injury. All the time you spend recovering from the injury is included in the statute of limitations. Luckily, it is always at least a year long, so you have plenty of time to recover.

Second, the statute of limitations is how much time you have to file your case. The lawsuit does not need to be finished within that time frame. It can take months for a lawsuit to conclude, so you do not need to worry about yours extending beyond the statute of limitations. However, it does take a few days to file a lawsuit, so do not think you can wait until the very last minute to file.

How Long Is the Statute of Limitations?

The exact length of the statute of limitations varies from one state to the next. For personal injury cases, the statute of limitations is:

  • One year in three states
  • Two years in 23 states
  • Three years in 16 states
  • Four years in four states
  • Five years in one state
  • Six years in three states

What Are the Exceptions?

Some states do have exceptions to the statute of limitations, which allow lawsuits to be filed after they are expired. The exceptions vary greatly from one state to the next, but the biggest exception is called the discovery rule. Essentially, in the unlikely event that it does not happen at the same time as when the injury is sustained, the statute of limitations does not begin counting down until the injury or responsible party are discovered. This is a bit of leniency to help in unusual cases.


Thanks to Johnston Martineau, PLLP for their insight into personal injury claims and how long you have to file.

August 7, 2019

Medical Malpractice – What Is It Worth?

Medical Malpractice Attorney Chicago, IL

No amount of money can reverse time. No amount of money can erase a memory or reality of pain. If only we could ask for a reversal of the circumstances instead of a monetary settlement. Unfortunately, that isn’t possible. Medical malpractice happens and it happens too often. In 2012, over $3 billion was paid out in medical malpractice settlements. With the rate of surgeries growing, it only makes sense that mistakes will also increase. If you or your family member has been injured from a medical procedure involving errors in diagnosis, treatment, aftercare or health management, there are a few factors that determine whether or not medical malpractice may be the cause: improper or insufficient standard of care, injury as a result of negligence and the considerable damage has been done. Considerable damage is:

  • suffering
  • enduring hardship
  • constant pain
  • considerable loss of income
  • disability

Types of Damages

Three categories of damages can be paid to the victim or plaintiff in a medical malpractice case.

General Damages

General damages are meant to compensate the plaintiff for the patient’s loss and suffering, such as:

  • loss of enjoyment of life
  • physical and mental pain and suffering
  • loss of future earning capacity 

Frequently, this requires expert testimony to help determine the scope of damages, particularly in determining future earnings lost.

Special Damages

Special damages are to reimburse the victim for present and future medical bills and other expenses like home health care, durable medical equipment (DME) and physical therapy.

Punitive Damages

This category requires proof that the actions of the doctor or medical practitioner were willful and malicious or that they knew that their actions would cause injury.

Wrongful Death

These cases are filed by the family members of the deceased. Also known as survival action, damages cover loss of support, consortium, companionship and guidance.

Mitigating Factors

Damage Caps

In State Farm v. Campbell (2003), the court ruled that punitive damages cannot exceed damages awarded to compensate the plaintiff for their injuries by a nine to one ratio.

Pre-existing Conditions

If the victim or plaintiff has a pre-existing medical condition that was made worse by the action of the physician, then it can reduce the amount of the award.

Patient Negligence

In the event that it is proven that the plaintiff failed to follow the doctor’s instructions, leading to the injury, then the damage award may be reduced.

If you or your family member has suffered injury or loss of life due to medical malpractice, contact a medical malpractice attorney in Chicago, IL at  The Law Offices of Konrad Sherinian, LLC so that you know your rights and the damages that can be recovered.