Filing an Accident Claim

Sometimes we can’t all be as careful as we would like, and negligence or carelessness can result in serious injury. If you were to suffer an injury from an accident that was not your fault, you may be entitled to compensation to help pay for medical bills and any other losses. A San Antonio accident lawyer can help you file your claim, as well as present the claim in court if a settlement cannot be obtained. Read on for a list of some possible lawyers in the San Antonio area that you can check out.

Heard & Smith, LLP serves San Antonio and the surrounding areas. They specialize in protecting the rights of the elderly and disabled, particularly those involved in car accidents. The offer free consultations and Spanish speaking lawyers.

If you’re looking for a law firm in downtown San Antonio, you might want to look up the Law Offices of Pat Maloney. They have a good reputation for winning cases involving trucking accidents as well as medical malpractice lawsuits, but they are able to handle a variety of cases in which a client has been injured through the fault of another party.

The law firm of David A. Canales, PLLC, also located in downtown San Antonio, believe in a softer approach to law. They will help you through both the legal and emotional fallout of a serious accident. Whether you were injured in a car accident of through another negligence, these San Antonio attorneys will fight to make sure your rights are protected and that you are compensated to the fullest extent allowed by law.

If you have suffered an injury due to another person’s carelessness, please do not wait to file a San Antonio accident claim. Many people are unaware of the fact that the law sets a time limit regarding how long you can wait to file a claim after the incident occurs. If you wait too long, your claim may no longer be valid and you could lose out on financial compensation that could pay for your medical bills, future treatment, and emotional suffering. You can also be reimbursed for money that you lost by not being able to go to work. So don’t hesitate to seek the help of an accident lawyer!

Ways to Overcome Copyright Problems

In this age of instant communication, more and more ideas are being born and products created than ever before. With the current entrepreneurial trend, new business owners are creating never-before-seen content and services in order to better the world. With so much going on, it can be easy to create something that copies another person a little too closely. Luckily, there are several steps that can be taken to overcome copyright issues.

1. Get permission from the original owner.

When it comes to using copyrighted content, the only legal way to make use of the content is to contact the original owner and ask for permission. In the event this is impossible, there are websites like Creative Commons that offer royalty-free image and audio files that are free for commercial use.

2. Trademark and copyright your own content.

If you create something you intend to turn into a business or revenue stream, it is important to obtain legal rights to it. While it may be your intellectual property, you cannot prevent someone from creating a similar idea and starting a business based on it. It’s important to trademark and copyright your ideas in order to protect them.

3. Obtain a legal copyright.

Intellectual property can be copyrighted by simply putting the copyright symbol in front of it with your name. However, the Copyright Act covers certain topics that are not so easy to claim ownership of, including architectural and choreographic works. Speaking to a copyright lawyer is the way to go to properly claim ownership of your own work and prevent illegal copying of it.

4. Trademark your property.

A trademark differs from a copyright primarily in the things it protects. While a copyright is usually used to cover a creative work, trademarks are used to protect names, logos, symbols, and other corporate IPs. The process of trademarking a property is lengthy and complicated, so it’s best to consult professional help. You must first search to ensure no similar trademarks exist to the one you want to file; even if an existing trademark isn’t identical, one that is too similar can make it impossible for you file.

5. Remember: registration isn’t absolutely required.

Since 1978, there has been no formal requirement in the United States for copyrighted work to bear the copyright symbol. A novel, for instance, is protected as soon as it is ‘saved’ in a word document. That said, registering the work offers certain protections that proprietary copyrighting does not. A person can only sue over copyright issue if their copyright is registered. The restitution a person may receive for damages will only count after the content is registered, not before.

While it may be an extra step, taking the time to copyright and trademark your property, whether intellectual or physical, can protect it in ways that claiming ownership cannot. Copyright issues can pose a number of problems for content creators or those who want to use content, but knowing how to overcome this problems before they arise can prevent a lot of headaches.

What You Need to Know About the Increase in Traffic Fatalities in South Carolina

In response to a recent report issued by South Carolina Highway Patrol, there has been an increase in traffic fatalities in South Carolina. South Carolina has seen a whopping 25% increase in deaths caused by traffic automobile accidents.

According to the National Safety Council, traffic deaths in the U.S. from 2014 to 2016 increased by 18 percent. However, the state of South Carolina saw a 25 percent increase. In North Carolina, the number jumped to 26 percent during the same two-year time frame.

More traffic, increased distractions, and poor road conditions lead to higher traffic fatalities across the state of South Carolina. Remember, it is easy to call a death in a traffic accident a “fatality”-which is a generic term. But imagine if it were your loved one, or close friend, who died tragically in a preventable traffic accident. Deaths caused by auto wrecks are an unnecessary tragedy. All of us have to remember that it’s not just a “fatality”; in fact, it’s a the loss of a human being-the loss of a father, mother, son or daughter, brother or sister – in a preventable situation. As an auto accident lawyer, I witness how car wrecks affect the lives of real people in our community. And it’s a terrible, terrible preventable tragedy.

What are some of the reasons for these high statistics? The program Target Zero discusses the state of South Carolina’s goal of eliminating traffic related deaths to Zero. One of these factors is the increase in traffic due to tourism. Whether toting our gorgeous parks or our fabulous food, our state, especially the Upstate, has received a lot of positive media attention in the past couple of years. This has resulted in an increase in visitors.

Another contributing factor to the increased traffic could be attributed to people relocating here. In 2015, there was a 2.5 percent jump in the number of registered vehicles and a 2 percent rise in the number of driver’s licenses issued in South Carolina.

With more traffic on the roadways of course there will be more traffic-related accidents. Nevertheless, there are still other reasons for wrecks. Distracted driving, drowsy driving, and drunk driving are still factors in fatality related auto accidents.

So, please be safe out there and be a defensive driver. And follow this simple advice: Slow down. Give plenty of distance between your car and other cars. Get off the cell phone or smart phone. Keep your eyes on the road. Keep two hands on the wheel. Never drink or drive or drive while tired. Take safe driving seriously.

The Lemon Laws

Lemon cars, trucks, vans and SUV’s are everywhere. Various statistics that I have seen indicate that anywhere from 1 out of 100 to 1 out of 8 vehicles are lemons. Staggering statistics, to say the least. A Lemon, by definition, is a defective vehicle. All states have Lemon Laws that provide protection to you in the event that you have purchased a lemon. These law vary from state to state, but all have common themes.

The first common theme is the defective condition of the vehicle. In other words, something has to go wrong with your vehicle. The state Lemon Laws typically define what elements satisfy the defective condition requirement in order to be classified as a lemon. In Pennsylvania, for instance, the vehicle must exhibit a defect or non-conformity that substantially impairs the use, value or safety of the vehicle. In my experience, these types of defects usually consist of defective brakes, transmissions, engines, suspensions, steering and things of that nature. Claims for electrical failures, noise and leaks usually are sufficient as well.

The next common theme among the state Lemon Laws is the obligation to attempt repairs. Each state Lemon Law sets forth that the manufacturer must be given a reasonable number of attempts to repair the vehicle’s defective condition. In Pennsylvania, that number is three. Some other states have the repair requirements set at four or more. If the Manufacturer or its agent (the dealer) cannot repair the vehicle after a reasonable number of attempts, you have a lemon.

The third common theme among state Lemon Laws is the remedy that you are entitled to if you have a lemon. Most states provide that the consumer is entitled to a full refund of the purchase price OR a free replacement vehicle. Some states go even further. In Pennsylvania the remedy includes all collateral charges as well as the purchase price, including taxes, title charges, down payment, interest and more. If you choose the refund election you may end up getting every dollar back that you put into the vehicle. In addition, most states provide for the recovery of attorney fees and costs as well.

Admiralty Law Attorneys & Maritime Lawyers – Offshore Accident Lawyers

Many wonder what admiralty and maritime laws deal with. The fact is, these laws were designed to deal with the way in which waterborne crafts interact with each other. Maritime laws are designed to settle disputes, encourage commerce and help injured seamen and sailors.

Maritime law in the United States is compiled by a list of statutes which cover all waterborne activities taking place in United States waters. In the past, maritime laws only covered specific incidents such as victims of maritime air disasters and specific areas such as inland water workers. Modern day maritime law now encompasses a much larger field of occupations, accidents and conditions.

There are currently many law firms that represent the sailors, longshoremen and seamen who have been injured while working offshore. The maritime and admiralty laws were designed by the United States government and have dozens of levels of federal, state and local rules that apply to different situations. Because of this, maritime litigation is often very comprehensive.

Some of the types of maritime accidents that can occur include accidents on barges, ferries, casino ships, cruise ships, shipping vessels, tankers and tugboats. There are literally thousands of types of these boats, but those are the major ones. In addition, there are many types of workers who are covered by these maritime and admiralty laws. Some of the jobs include seamen, engine utility men, deck engineers, harbor pilots, longshoremen, dock workers, fishermen, ferry workers and barge hands.

If you are a sailor, seamen or any other type of offshore worker, and have been involved in a maritime accident, then you have the right to take legal action. Please visit our website for an updated list of dedicated and experienced maritime lawyers. They will help you with your maritime lawsuit and guide you towards receiving the legal compensation you are entitled to.

What Does a Paralegal Do Day to Day?

Paralegals assist attorneys in the delivery of legal services. They work under the supervision of an attorney. One of a paralegal’s most important tasks is helping attorneys prepare for closings, hearings, trials, and corporate meetings. Paralegals serve as support staff for attorneys through the gathering and analyzing of information relevant to court cases. They perform any function delegated by an attorney, including but not limited to the following:

· Conduct client interviews and maintain general contact with the client
· Locate and interview witnesses.
· Conduct investigations and statistical and documentary research.
· Conduct legal research.
· Draft legal documents, correspondence and pleadings.
· Summarize depositions, interrogatories and testimony.
· Attend executions of wills, real estate closings, depositions, court or administrative hearings and trials with the attorney.

The only legal services that paralegals can’t perform are presenting cases in a court, giving legal advice, setting fees and accepting cases.

A paralegal can be a freelancer or employed by an attorney or law firm or employed by a paralegal firm providing paralegals to attorneys and law firms. A freelancer paralegal charges the attorney for the work he does. If the paralegal is employed with an attorney or a law firm, he is paid a salary by the attorney or law firm. A paralegal employed with a paralegal firm is paid a salary by the firm who then bill the attorney or law firm hiring the firm. Besides attorneys and law firms, government departments, insurance companies, real estate companies and corporate also require paralegal services. Within these organizations, paralegals are responsible for a variety of areas including bankruptcy, corporate, criminal, family and labor law, litigation, immigration, intellectual property, real estate and employee benefits to name a few.

Generally, there are no specific qualification requirements for becoming a paralegal. However all paralegals in California must complete 4 hours of mandatory continuing education in either general law or in a specialized area of law. Many universities offer paralegal training programs. Most paralegals have an associate degree in paralegal studies, or a bachelor’s degree coupled with a certificate in paralegal studies. There are professional bodies that provide voluntary certification for paralegals. Some employers train paralegals on the job, hiring college graduates with no legal experience.

A Paralegal must be able to document and present findings and opinions to the supervising attorney. Good research and investigative skills and understanding of legal terminology are essential for a paralegal.

Alimony, Support and Division of Assets Explained in Pennsylvania

Spousal Support

Spousal Support is available to a married spouse, when the couple resides in separate homes and one spouse earns more than the other spouse. There are defenses against spousal support and it is important to have an attorney assist you in your claim for or against spousal support.

Alimony Pendente Lite

Alimony Pendente Lite is a type of support that is limited in nature and paid to the lesser income earning spouse by the higher income earning spouse in accordance to a statutory formula until the divorce is finalized. This support was enacted to equalize the parties incomes during the divorce proceedings and allow each spouse to afford the divorce process and expenses.

Alimony

In Pennsylvania, there is not a set formula to determine post-divorce alimony. Whether or not to award post-divorce alimony payments lies within the exclusive discretion of the court. The court relies on the following 17 factors to determine whether to award post-divorce alimony.

The 17 Factors of Alimony

  • The relative earnings of both spouses.
  • The duration of the marriage.
  • The ages and physical, mental and emotional states of the two spouses.
  • The sources of income of both spouses. This includes medical, retirement, insurance or other benefits.
  • The expected future earnings and inheritances of the two spouses.
  • The degree to which one spouse has contributed to the other spouse’s education, training or increased earning potential.
  • The degree to which a spouse will be financially affected by their position as the custodian of a minor child.
  • The standard of living of the spouses established during the marriage.
  • The relative education of the parties. This also considers the amount of time it would take for the spouse seeking alimony to acquire the education or training necessary to find employment.
  • The relative assets and liabilities of the two spouses.
  • The property each spouse brought to the marriage.
  • The degree a spouse contributed as a homemaker.
  • The relative needs of the two spouses.
  • The marital misconduct of either of the spouses during the marriage.
  • The federal, state and local tax consequences of the alimony.
  • Whether the spouse seeking alimony lacks sufficient property to provide for their reasonable needs.
  • Whether the spouse seeking alimony is incapable of supporting themselves through appropriate employment.

[1] Title 7, Pennsylvania Code, §6102.

Division of Assests

In Pennsylvania “marital property” means all property acquired by either party during the marriage and the increase in value of any non-marital property acquired. However, marital property does not include:

Veterans’ benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans’ compensation.

Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

Property excluded by valid agreement of the parties entered into before, during or after the marriage.
Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

Pennsylvania states that the increase in value of any non-marital property acquired pursuant to subsection shall be measured from the date of marriage or later acquisition date to either the date of final separation or the date as close to the hearing on equitable distribution as possible, whichever date results in a lesser increase.

FAQS About Public Defenders

When you are learning about public defense, the first question you are likely to ask is, “What is a public defender?” So let’s not waste anytime answering this question, and many more frequently asked questions about public defense lawyers. A public defender is a criminal defense lawyer that works for the state and paid by the government. They provide free legal representation to defendants that are facing criminal charges that are punishable by jail time. Continue reading to read more common questions and answers just like this one!

Do Defendants Have to Pay for a Public Defender?

No, clients do not pay. However, a judge must decide that a defendant qualifies for public defense before one is appointed to them. In cases that a person is fully capable of paying for a private representation, they may be denied state assistance.

Is a Public Defender Less Qualified Than a Regular Criminal Lawyer?

No, both public defenders and private criminal attorneys are equally qualified in terms of education requirements, certifications, and licensing. The only difference is the level of skills and experience of each person.

Should I Use Public Representation or Hire My Own Lawyer?

Although public defenders are equally qualified doesn’t mean they are the most promising option for defense. Since they work for the state, their case loads are extremely rigorous and overflowing. This means they only have a limited amount of time to spend on each case. A private attorney can provide personalized representation to ensure you avoid the maximum penalties if convicted of your charges. Whether you are facing a petty charge like shoplifting, or a major charge like manslaughter, private counsel is the best choice, no matter the price. You can’t put a price on freedom, after all.

Can a Public Defense Lawyer Reject My Case?

If you are indigent and cannot pay your bills as they come due, it would be both unethical and illegal to have your case rejected since it is a violation to your Constitutional rights. Although a case can be handed over from one lawyer to another, it cannot be rejected and ultimately “skipped over” or denied. A person who is entitled to free representation will get it, no matter what.

Can I Request a New Lawyer?

If you are found to be eligible for state defense, you will be assigned a lawyer by the court. If this lawyer does not meet your expectations or recover the plea arrangement that you wanted, you do not have any options. Unless you can prove to a judge that your current lawyer is somehow violating your right to adequate representation, you cannot switch or be appointed a new one. Inadequate representation includes scenarios like missing appointments, failing to meet deadlines, forcing you to a certain plea, not informing you of case status and court dates, and ignoring critical evidence. And if you choose to appeal your conviction, you must hire private representation anyway, so asking to switch at that point wouldn’t be necessary.

Hiring a Probate Lawyer Doesn’t Have to Be Expensive

Times are tough, and everyone understands that, that’s why you can obtain services from a Phoenix probate lawyer for no cost to you. These probate lawyers are more than willing to take your case on for virtually nothing.

Did you know that every Phoenix lawyer is required to take a certain number of cases “pro bono?” This means that they do not charge for their services. Did you also know that many of the best lawyers started out as probate lawyers in the beginning of their career?

Obtaining a probate lawyer is actually not as hard as you may think. There are a plethora of probate lawyers listed in your local newspaper or via the internet. These lawyers are hopelessly searching to find people that are in need of their services.

You must be thinking that the lawyers offering their services free of charge are “low quality” or that there is a catch to the deal. The thing is, many of these lawyers really do want to be of service. Besides, if they do your case pro bono and you recommend them to a friend, who becomes a paying client, that results in a positive outcome for the lawyer.

Phoenix probate law can easily become a very complicated, especially if your situation is already complex. For instance, say a person were to die without creating a will or leaving any kind of official instructions with an attorney. This can cause many issues when the heirs want to claim the deceased’s estate.

You can find a probate lawyer virtually anywhere around Phoenix and the west and east valleys. So whether you reside in Chandler, a Phoenix probate lawyer would be more than happy to assist you.

Probate lawyers aim to handle all probate issues directly as the deceased wished, and if there is no will to go by, they will try their hardest to make sure that the rightful heirs are given the estate they deserve.

How Digital Technologies Improve Filmmaking

Breaking into the current film industry holds a greater challenge compared to classic filmmaking. The digital era has certainly catered to the universal passion of moviemakers for making motion pictures. Today, digital technology changed the way how movies are made. Digital filmmaking opened new opportunities and possibilities to filmmakers of both small indie films and big budget blockbuster films. This also includes the same way that copyright infringement software protects these films. Therefore, if you’re a filmmaker, whatever outcome or type of film you want to accomplish, you can play around using the latest technological advances.

Digital Vs. Traditional

In general, films are extremely flammable yet they are quite expensive. Directors have to look for major studios that could invest a big amount needed to produce a movie. As for digital filmmaking, the digital motion picture cameras may be expensive, but it is a significant investment.

Digital filmmaking is a type of filmmaking where you use digital cameras or a computer to create characters, environments and other extensive features. Digital storage has reduced and simplified the costs of making movies. Compared to films, storage in digital cameras cost less, lasts longer and is safer. Over a long period of time, films degrade and will actually decompose. Improper storage and protection may destroy the print of the film which ultimately results to losing classic movies forever.

The move from celluloid to digital has opened up huge opportunities for special effects resulting to the growth of fantasy movies and science fiction. Film characters are not limited to explore only our world. Now, filmmakers have the tools to visually depict imaginary worlds with digital technology. Movies feature computer generated imagery (CGI) while some combine both CGI and live action using revolutionary new motion-capture techniques. As a result, movie creations are more out of this world than ever.

As we’ve gone digital, the public’s movie experience has become a lot different. In the past, everyone was used to watching films without color. Each motion picture was black and white. But at present, anyone can enjoy a movie in full color with surround sound. They can even have a 3D experience if they choose to. The number of options given to every movie goer is just one of the things that prove that filmmaking has really improved.

Aside from the internet, the widespread use and application of digital technologies are shaping the future of film. At present, the way movies are consumed and distributed has also changed. People can stream or download the videos, and with video-on-demand services like Netflix, everyone can watch their favorite shows and movies whenever they like. Unfortunately, some people choose to share copyrighted materials without the owners’ permission, which is illegal. When you download a movie, you are stealing from the content owner’s compensation. So, content owners and their partners use copyright infringement software to detect any digital piracy.