Burns in a Restaurant

Burns in a Restaurant

Everyone has enjoyed food or drink from cafeteria, restaurant, or any other establishment that welcomes patrons of food and beverage.  With this knowledge the establishment is aware that they have a responsibility to ensure that all that they have to offer is safe for their customers as well as their staff.  One of the most serious and painful injuries a person can suffer from are severe burns.  Considering severe burns can affect your physical appearance and your health. Severe burns from liquids that include soup, coffee, wax, etc., can damage several layers of the skin causing possible nerve damage. Because burns are treated in a burn center, a victim with a severe case may have surmountable medical bills; it’s always best to know your rights.

Those that experience severe burns are subjected to plastic surgery and skin grafts and they may have to live with the risk of infections, even after the time of the accident. Victims often have inoperable scarring that results in them having to limit their time in the sun. Victims also are at a higher rate for skin cancer, opening the door to sometimes countless procedures and treatments for an ailment for which they may not be at fault. For example, if you are shopping in a store and you are exposed to any hazardous material that subsequently causes you harm, please seek medical attention and think about what’s next once you are seen by a doctor.

While some may attempt to trivialize your wounds because they are not industrial plant explosions, numerous cases where serious burns occur are likely second or third degree burns. The worst of these injuries can require extensive reconstructive surgery. An accidental spill of any hot food or beverage can result in severe burns and permanent nerve damage. Burn injuries arising from explosions and fires can result in expensive medical bills, missed time from work and lengthy, painful recovery times. What can make these dangerous, painful injuries so hard to deal with is that the majority of burn injuries are caused by the negligence of others.

If you or someone you know has recently been involved in an incident where they were burned by food or drink due to the malfeasance of another, you may need to speak with an attorney, like a personal injury lawyer Dekalb County GA residents turn to.  Attorneys are trained professionals and are available at your convenience to discuss your rights. There is nothing wrong with taking the time to find out what, if anything can be done.

Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into personal injury practice.

Best Practices for Reporting a Car Accident

Best Practices for Reporting a Car Accident

Being in a car accident can be stressful and unexpected which means that it can be that much harder to gather your wits together after one and report the accident, as a car accident lawyer knows all too well. Obviously, a major accident will result in the police showing up and preparing a police report about the accident.  Here’s what you need to know about contacting the police regardless of the type of accident you have.

Is it always necessary to contact the police about an accident? The short answer is yes.  Some states require that the police be contacted whenever there is an accident.  Even if there is no state requirement to contact the police, calling the police and letting them decide whether to come fulfills your obligation in terms of at least notifying the police that an accident occurred. That being said, some accidents are just so minor that it would be a waste of everyone’s time to call the police, especially if the damage is very minor and there are no injuries.

When is a police report of the accident required? Again, this depends on the state in which the accident occurred which in turn sets various limits of injury and property damage before they require a report to be filed. For example, if no one has more than $1,000 in damage, some states may not require a police report to be filed. Other states’ thresholds are higher or lower, so it really depends.

The thing is it’s still a really good idea to get a police report of the accident because even if the state does not require that a report be filed, you never know what may happen later on.  There are some injuries that are legitimately not evident at the time of the accident or in the immediate aftermath. Having an accident report completed by the police can be really helpful when those aches start appearing later on because it can either support or disclaim the newly found injuries.

Police reports are very valuable in litigation, especially if your minor fender bender is now being characterized by the other driver as a full-on t-boning complete with whiplash and vague back problems. A detailed police report can stop this money grab in its tracks and be an insurance policy itself.  

Speaking of insurance companies, many of them will require that you have some sort of police report to corroborate the damages you are asking the insurance company to pay to fix.  So, the moral of this story is, get a police report.

What happens if the police don’t come out? Remember this mostly depends upon the nature of the accident – a fender-bender versus a double head-on collision – and the injuries and damages that have occurred. It is always a good idea to call the police, however, and report the accident and let them make the determination of whether they are going to come out.  If they do not decide to come out, document that as well as the damage and the information from the other driver.  Find witnesses, since their independent third party information can be valuable if there is later litigation. Get photographs and video of the scene and the damage. Then, take all of this to the police and file a report as soon as possible.  

Why You Should Have a Will

Why You Should Have a Will

You don’t have to be wealthy to have a will. In fact, it’s beneficial for many people to have a will in place. It will protect your loved ones and ensure that your wishes are carried out after you die. Here are several reasons why you should have a will:

Your Assets Will Go to the Right People

When you draft a will, you can include which relatives you want to inherit your assets when you die. Without a will in place, there’s no guarantee that your belongings will go to the people you want to have them. This can create a lot of fights among family members.

You Can Prevent a Long Probate Process

All estate plans have to go through a probate process before assets can be distributed to beneficiaries. However, the process can be drastically shortened if there is a will in place. Instead of taking over a year, the probate process could be completed in just a few months. Your beneficiaries will be happier to receive their inheritances earlier.

You Can Decide Who Will Care for Your Minor Children

You love your children with all your heart and you want someone you trust to take care of them if you die suddenly. That’s one of the most important reasons to have a solid will in place. In your will, you can name the person you want to raise your minor children if you die. If you don’t have a will, the court may appoint a guardian you don’t want to care for your kids.

You Can Choose an Executor

In your will, you will also be able to appoint an executor of your estate. This person will be responsible for distributing your assets and making sure all of your affairs in order. This is a huge job, so it’s essential to pick someone who is trustworthy and responsible. Be sure to notify the person that you want him or her to be your executor.

You Can Disinherit Individuals

A will also allows you to disinherit who may otherwise inherit your assets upon your death. For example, if you don’t have a will in place, your ex-spouse may end up with your estate.

You Can Relieve Your Loved Ones of Additional Burden

Your loved ones will already be upset about your passing. You do not want to leave them with the extra burden of planning and paying for your funeral when they are grieving. In your will, you can state exactly how you want your funeral service and cremation or burial carried out.

As you can see, there are many good reasons to have a will. It’s never too early to draft one. Creating a will can be a complex process, so it may be necessary to hire a reputable estate planning attorney. He or she can ensure all of your wishes are included in the document. Make an appointment with a wills and trusts lawyer recommends today to get the process started.

How do I sue a business for a slip and fall accident?

What You Should Know About Slip and Fall Situations

Have you ever experienced a slip and fall situation in a store or business? Were you browsing the aisles considering which breakfast cereal to purchase and suddenly find yourself losing your balance and landing on a wet floor? Clearly an employee had been mopping up a spill, but the employee and a warning “wet floor” sign are absent from the scene. You could have a case to sue for financial compensation for your injuries. There are steps you need to take to follow through with this decision to pursue a case:

1. 1. You should immediately contact the store owner or manager of the property of your accident and explain the circumstances revolving around the occurrence. Document their responses and have them sign the documentation if they are willing. Some stores will actually have you fill out their own incident reports.  

1. 1. Visit your doctor for an exam and take a copy of the results. This will become your evidence that an injury occurred and that you have a basis to claim compensation. It is extremely crucial to document the injuries from the fall!

1. Make sure to gather all relevant evidence including contacting any witnesses that saw you fall and ask for their account. Take photos of the location and the hazard that caused the accident. There is no such thing as too much evidence, all of it can only strengthen your case

After you collect the necessary components of evidence, you must be able to prove that the accident occurred due to negligence and prove that the establishment is liable for your injuries.

How to Determine Negligence

You must be able to prove the business acted negligently and you were injured as a result. This is the first aspect of your case that must be considered before moving further. Per the above example, there are a few questions to determine whether or not the store was negligent.

• • Why was the floor slippery?

• • Was a wet floor sign or other indicator present when you fell? (This is where location photographs are important!)

• Was an employee aware that the floor was slippery before you were injured?

Liability

Finding out the exact answers to the questions above can help you determine exactly what happened and why it happened which can point to liability for the fall. The store owner can be deemed liable if negligence is determined–like not having a sign for a wet floor that has just been mopped! However, if the wet floor is due to something like a leaky ceiling or pipe, it may be negligence on the part of the landlord or property manager.  

Get a Lawyer

You don’t have to do all of this alone! Hiring a personal injury lawyer such as the personal injury lawyer  locals trust is your final step after completing the steps above. With a significant amount of evidence, you could succeed in being compensated for your accident. This is possibly the most important step on your way to recovery, so do not hesitate to contact an experienced attorney to guide you through a slip and fall lawsuit.

Proving Negligence in a Trip and Fall Case

Trip and Fall Cases

Trip and fall cases represent a large proportion of personal injury cases and for good reason, as a personal injury lawyer  trusts can attest. People trip and fall all the time resulting in injuries and damages. The question, however, of whether that trip and fall translates into a settlement depends solely on whether the case can be proven. This may be straightforward in a trip and fall case, and it may not be.

The law of torts – that is injuries to others – establishes that to have a successful trip and fall claim, the plaintiff must show that the person who had control of the premises upon which they tripped had a duty to keep the premises clear, they breached that duty, the breach was the proximate cause of the plaintiff’s fall, and the plaintiff suffered injuries as a result. These four elements are known as duty, breach, causation, and injury. All four have to be proven to show negligence.

Duty:  The duty owed here is one of care to keep the property safe and free of obvious hazards. The level of the duty ranges from none to simple to strict and depends upon the nature of the relationship between the owner of the land and the person visiting it. A landlord owes no duty of care to someone who trespasses on their land. A person who is visiting a home at the invitation of the owner can expect a simple duty of care. A contractor or garage sale customer can expect an even higher level of care.

Breach of the duty: The person who breaches the duty is the landowner, not the individual who is injured. This is because the duty of care rests mainly with the landowner since it is his property and he has control over it, hazards and all. A landowner will be found to have breached their duty of care if they fail to take reasonable measures to keep the property safe. This means, they don’t fix the hole in the porch or replace the rotting step or they fail to clean up a spill. It is also when they fail to warn about these hazards, which may or may not be obvious. The law does recognize that the person who is injured may contribute to their accident, by, for example, moving the warning sign and forging ahead onto the unstable steps. This is known as contributory negligence and can be used to offset the negligence of the landowner.

Causation: It is not enough that there was a duty owed and that duty was breached. If the breach of that duty cannot be directly linked to the injury to the plaintiff, there can be no negligence. This is commonly known as the “but for” provision, as in, but for the unrepaired stair step, the plaintiff would not have fallen through the stair.

Injury: Even having the first three elements is not enough if the plaintiff is not injured. Of course, it is always possible that there is some injury, no matter how small or insignificant. Whether that injury is of the level that would warrant recovery is another story. Getting a splinter from the untreated door is not the same as breaking a leg falling through an unmarked hole in the ground.

Ways to Simplify Probate

Ways to Simplify Probate

Losing a loved one can be emotionally taxing. There are legal obligations associated with the deceased’s property. Determining their wishes can appear to be a daunting task without a previously arranged estate plan or will. Resolving these legal and financial affairs can be stressful and tedious. However, there are options to allow for a smooth probate process.The court can legitimize a will so the property and money can be easily distributed to the closest relatives or beneficiaries.Although, in larger cases where the estate is significant, or the will is opposed by an outsider, the probate process can be costly.

How Can I Prevent a Costly Probate Process?

The common solution to automatically avoid probate is to create a will or living trust whereby you transfer ownership of property and assets to an established beneficiary or beneficiaries. This will inhibit the need for probate altogether. After you pass away, the beneficiary is given legal authority to distribute your assets in whatever manner they deem appropriate. After this trust is established and you pass away, your assets and property no longer legally belong to you or your estate. Understand that while some assets are included within the trust, it is possible for them to be subjected to estate taxes. Generally, the deceased’s husband or wife shares joint ownership, however, it isn’t mandatory nor is it always the case. In some instances, a close friend shares joint custody of the deceased’s property. Once the individual passes, the other joint owner of the asset will be awarded sole ownership. Even though this is one avenue to determine how your assets are allocated after death, it isn’t the only option.

It’s common for individuals to divide their estate in a written will. This is an excellent avenue to explore when considering how your assets will be allocated. With this will, you have the opportunity to gift various beneficiaries with specific assets. However, it should be noted that when gifting costly items the government may impose gift taxes on the assets. It is required for beneficiaries to be designate prior to passing for retirement accounts and insurance policies to award the funds to the beneficiaries. Government issued identification must be presented for the beneficiary to collect, along with the deceased’s death certificate.

Speak With an Attorney

An estate planning attorney such as the estate planning attorney  who specializes in the field will have the knowledge to help you understand your estate options. They should be familiar with the laws specific to your state and will provide you with the steps necessary to comply with legal requirements.

The Possible Consequences of Post-Traumatic Stress Disorder

What is PTSD?

A traumatic event can affect your life for a long time. You may even get diagnosed with Post-Traumatic Stress Disorder (PTSD), which can lead to potentially severe physical and/or mental manifestations.

In these cases, individuals may need to hire a personal injury attorney to help them obtain financial assistance for their condition. Let’s take a look at some further information about PTSD and legal steps victims have to take to receive compensation.

How Is One Diagnosed with PTSD?

Not everyone who experiences a stressful event and has backflashes are diagnosed with PTSD. People with PTSD experience:

• • Reexperiencing symptoms: Individuals with these symptoms may have flashbacks and nightmares.

• • Avoidance symptoms: People with avoidance symptoms avoid anything that reminds them of the traumatic event they experienced.

• • Triggered or reactive symptoms: With triggered and reactive symptoms, individuals may become anxious or excited easily. They may also have trouble sleeping and get angry.

• Cognition and mood symptoms: Individuals who go through cognition and mood symptoms may experience depression, have trouble concentrating and not have as much interest in daily activities.

Formal Diagnosis

In order to get diagnosed with PTSD, a person has to for at least one month display:

• • One re-experiencing symptom

• • One avoidance and trigger symptom

• • Two trigger symptoms

• Two cognition and mood manifestations.

Can You Receive Benefits If You Have PTSD?

PTSD sufferers are commonly awarded social security disability. In order to receive these benefits, the Social Security Administration requires for the applicant to prove he or she experiences most of these symptoms:

• • He or she can’t adapt to different environments or complete everyday activities, like cooking, cleaning and dressing.

• • He or she can’t learn, understand or remember new information

• • He or she is unable to interact with other people

• He or she can’t concentrate long enough to complete basic tasks

There are some people with PTSD who don’t face these challenges because they reside in a medically supervised and guarded facility. These individuals can still receive social security disability if they prove they’ve had PTSD for at least two years, will require ongoing medical treatment and aren’t capable of living in a less supervised environment.

Individuals who don’t meet these requirements may still be able to receive disability payments through medical-vocational allowance, which is determined on a person’s age, employment history, education and functional capacity.

If you think your PTSD was caused by another person’s negligence, you may want to schedule a consultation with an experienced personal injury lawyer such as the personal injury lawyer  locals trust.

Important Facts About Probate

Important Facts About Probate

After an individual dies, their will is subject for probate. This is a legal process utilized to help settle estate that a deceased person has not delegated. Assets that have not been put into a trust are the portion of the will that will be taxed. The probate process is a crucial step so that assets can be moved to beneficiaries. Probate is not often appreciated because it is so expensive and takes quite a bit of time to complete. Accessing a will or estate planning can be difficult, so contacting a lawyer, like an estate planning attorney trusts, can help give you guidance and support throughout the probate process. The details of probate can vary depending on the state that you live in and is vital to remember that probate can be circumvented.

Many assets are not required to go through probate. This is the case when inheritances, money gifts, and life insurance policies come into play. The beneficiary named on the deceased’s accounts, like retirement or joint bank accounts, are given to them upon the death of their partner. These do not have to go through probate. Any asset in which the beneficiary has been appointed already by the descendant does not need to be assigned in probate court. It is important to contact an estate planning attorney to learn more information about the probate process and assets that may be able to avoid probate altogether.

Assets are Required to Withstand Probate

Unfortunately, a lot of assets are required to go through probate court. Real estate properties owned by the deceased, any bank accounts that are not assigned to a beneficiary or in a joint account, any valuable personal property that belonged to the deceased, and anything not included in a will are subject to pass through probate. In the tragic event where the deceased does not leave behind a will, all of their assets have to pass through probate court. Once the probate process has been completed, which can take years, beneficiaries can be determined. It’s important to note that if there is not a will identifying beneficiaries, the court will make a determination around this by taking into account close family and friends.

Contacting an estate attorney is advised. He or she will have knowledge of estate planning and will be able to support you in getting through the probate process as easily and quickly as possible. Making sure that you have an estate plan or will in place can help save your beneficiaries from a lot of emotional and financial grief..The grief process can be very difficult, with an estate plan in place, and the help of an attorney, your loved one will be able to navigate through probate with ease.

Changing Your Will After Receiving a Personal Injury Settlement

Changing Your Will After Receiving a Personal Injury Settlement

Personal injury settlements are compensation granted to someone who filed a claim against another person or company for causing an injury. Sometimes the settlement amount is large, and depending on the details of the agreement, it could be paid out in a payment plan or all at once in a lump sum. Once you receive the total and use money to cover your medical bills from the injury, you may have some extra money remaining. You may want to change your will to account for this new asset, but there are a few scenarios you may want to think about before making any alterations.

Relationship Changes

Unfortunately, a serious personal injury could leave someone with a long term or lasting disability. A disability changes a victim’s life in many ways, usually structural adjustments must be made to their home in order to make it more accessible for them. If they are unable to return to work, this makes those renovations doubly important. Personal relationships may transform as well due to the emotional toll a disability can take on family, friends and partners/spouses. These changes may influence changes in who inherits your assets when you die, especially if new people enter your life to care for you. You may want to include them in asset distribution.

Legal Representation

You might want to ask yourself a series of questions before changing your will:

1. Is there money left over from your personal injury settlement after paying medical expenses? Do you wish to give any of this money to designated heirs when you pass?
2. Is there anyone you want to add to the will who was not named in the previous draft?
3. Is there anyone you want to remove?
4. Has your settlement award been set to cover medical care past the length of your life? If it has, then you may receive far more than you expect.  

Asking for the advice of a professional lawyer is important when making adjustments to your will, including if you are awarded settlement. An estate planning attorney such as the Estate Planning Attorney  locals trust will review your settlement terms and review your unique situation. Then they can guide you on how to alter your will according to your new wishes.

Contact an estate planning lawyer today to determine how your award will affect your will and if it would benefit you to change it to reflect your new asset.

Business Name Trademark

A Business Name or Do You Make it a Trademark?

As a small business owner, you understand the importance of protecting your business name. There are several ways your business could be damaged by a competitor using your name or logos. If you’re building a brand, investing in advertising and hoping customers can find you, you’ll want to make sure you’ve properly protected your business name so no one else can use it.

First, after applying to be a corporation or an LLC, the Secretary of State’s office is going to check to make sure that your proposed corporate name isn’t already in use by a different business in your state. Every state has its own laws about just how different a name must be from other business names. For example, some states will allow “Lori’s Nails” when there’s already a “Nails by Laurie” registered. Other states will reject it and consider the second to file as deceptively similar.

Once your LLC or corporation application is approved, your name is protected in the state: No other business will be able to form an LLC or corporation with the same name in that state. However, there’s nothing to stop a business that operates as a sole proprietorship or partnership from using your name in the state. It just won’t be able to register as an LLC or corporation with that name. In addition, registering your name with the state has no impact on what happens in the other 49 states. If you incorporated your business in Illinois, another business can use your same name in Texas or Michigan. And, it can even incorporate or form an LLC in other states with with the same name. Depending on your business type and model, brand protection at the state level might be sufficient. For example, if you are opening a local restaurant, you might not mind if another business uses your name in a completely different state. There’s little chance that a customer will confuse the two.

However, if you plan on expanding nationwide, selling your products/services across the country, or are just concerned that a partnership might use your name, then you should protect your name on a federal level with a trademark.

A trademark attorney residents rely on can help explain the function of trademarks. A trademark is a word, phrase, symbol or design (or a combination of any of these) that identifies the source of a product or service and distinguishes it from competitors’. Trademarks can be granted on distinctive names, logos and slogans. One example with Nike’s trademarks are not just their name, but swoosh graphic and the phrase, “Just Do it.”

Trademarks are granted at the Federal level by the U.S. Patent and Trademark Office (USPTO). The owner of a trademark has exclusive rights to the trademark and can prevent anyone else from using it. The protections given by trademarks extend to the state and Federal levels.

If you do choose to apply for a trademark, you should conduct a free basic search to make sure no one has a pending application with the USPTO for your proposed trademark (or something close to it) in a similar capacity. The next step is to contact an intellectual property attorney to undergo a comprehensive name search to check if someone is using your proposed name at the state or county level.

There are a few key reasons to do a search before you file. First, if you apply and your proposed name is already in use, your application will automatically be denied. That means you’ll lose your application fee, and the time spent preparing the application.  Some businesses determine they have adequate protection through simply registering their name with the state; others need exclusive name rights in every state. As you develop your business plan, carefully consider your particular brand protection needs.