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Kai Alana

Lawyer

The First Steps to Take in a Medical Malpractice Case in New York

When we are sick, we trust that our doctors, hospitals, and other healthcare workers will help us get better. We don’t expect a doctor, nurse, or any healthcare professional will commit a wrongdoing or act negligently leading to injuries or death. Sadly, cases of medical negligence in New York cause traumatic injuries or death in patients who placed their trust in a doctor, hospital, or healthcare provider.

Yes, you know that your medical provider committed malpractice, but what do you do? Medical malpractice cases and claims are the most difficult to file and argue in court, therefore, never do it on your own. Below are the first steps to take in a medical malpractice case.

  1.   Hire a Medical Malpractice Lawyer

If you believe that your injuries were due to medical negligence, contact a competent law firm like Powers & Santola LLP for legal advice. Trying to file and argue the case by yourself will only be counterproductive.

For instance, the attorney will help you file a case before the statute of limitations is up. Further, they know the right court processes and documents to present before a judge and counter the arguments of opposing lawyers in the case.

Having a lawyer on your side is your best bet of getting the rightful compensation for your injuries.

  1.   Get Your Medical Records

The medical records or documentation are a necessity in proving your case. The content in these documents can make or break your case. And remember, these documents are held under doctor-patient confidentiality. Therefore, you should obtain them yourself or sign a privacy waiver allowing the attorney to get the records for you.

The medical records give your lawyer an in-depth understanding of your case. It also allows them to seek a second opinion from a competent doctor. If the medical experts find out that the treatment you got did not meet the standard level of care, is a plus for your case.

  1.   Contact The Insurance Company

Your attorney should contact the hospital and the insurance company of your intent to file a lawsuit for medical negligence. And yes, the case can be settled at this stage without the need to file a formal suit in court.

However, you should be careful of early settlement proposals. In most cases, the amount is below the compensation amount you deserve. Now you see why you need an attorney; they’ll ensure you don’t accept an offer less than what you deserve.

  1.   File an Official Complaint

An official complaint is a document that cites all the allegations you’re bringing against a doctor or hospital for negligence. The complaint is what triggers a lawsuit to start shortly afterward.

And yes, this process is difficult unless you know when and how to file this complaint. A competent attorney will easily handle this case better than you. Remember, filing complaints is their job, they went to school and got trained to do this.

Filing an official complaint is a critical step in your quest for compensation. As earlier stated, it triggers the lawsuit process, and hence the need to ensure it is done correctly as it directly impacts your case.

Conclusion

The last thing anyone wishes for is to suffer injuries due to medical negligence. If this happens, then the patient deserves fair compensation for the pain and losses. All this is dependent on the strength of your case in court. 

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Law

3 Things to Know about Family Law Mediation

Mediators Must Qualify Before They Can Mediate

In many cases, mediators must be certified by the state and comply with state statutes to qualify to be able to successfully and ethically help two conflicted parties come to a resolution. Several family law mediators have legal or judicial backgrounds and understand the need to save money during the family court processes. Working with a mediator can be cheaper overall for some resolution than stretching out a case over two or three hotly debated items.

Mediation Recommended for Certain Dispute Types

Good lawyers know the difference between true things two parties can fight in court over and which ones make more sense to try and formally resolve another way—knowing which saves the litigants time and emotional stress. In addition, experienced family law litigators like Cordell and Cordell will have vetted and trusted mediators at their disposal that handle different types of conflict. Being able to call upon them quickly helps to divorce spouses get to the other side of the process faster.

Mediators are Paid Separately from the Law Firm

In many cases, the mediator is paid separately from the law firm. In other words, the divorcing parties will pay the mediator out of pocket in advance before having a mediation session. The mediator fees will be in addition to any fees already paid by the divorcing couple to get divorced. All family law lawyers like Cordell and Cordell lawyers can walk a divorcing party through this process. Prices can be hefty but are still cheaper than letting a family law case go to trial.

You Don’t Have to Talk to the Other Spouse

Mediation proceedings you see on TV are just one of many options for how mediations can be handled. For example, each party and their attorneys can be in separate rooms, with the mediator going back and forth between both closed-off rooms. This arrangement gives each of the litigants space to think, breathe, and regroup if emotions are running high. It also reduces the chances of the parties becoming triggered by the other’s involuntary facial expressions or tone of voice during a proceeding.

Both Parties are Expected to Give

Mediators can often come up with creative solutions the litigants or attorneys may not have previously seen or considered. Mediators expect both parties to come to the agreed-upon meeting location ready and willing to give and be open to flexible or alternative arrangements. Both parties should be motivated as a successful mediation could mean the final resolution of their case matters and a release from the prior stressors.

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Law

How to become a bankruptcy lawyer in Woodland Hills?

Bankruptcy simply means that a business or individual has inadequate income or resources to clear their debts. It is a legal process that is done in a specialized federal court.

Bankruptcy lawyers help in navigating through the complex process of ordering for bankruptcy. We will learn more on how you can qualify to be a bankruptcy lawyer Woodland Hills.

How to become a bankruptcy lawyer

To be a successful bankruptcy lawyer, you need to have both accounting and legal expertise. They will basically be in tax and criminal law. It is also important to understand standards and business practices.

Corporate finance, legal doctrines, business accounting practices, governing collection and ownership are a must have in this field. Additionally, it is important to have sensitivity and psychological skills as a bankruptcy lawyer.

Job outlook and salary

The salary varies depending on whether you are working for the public or private sector. The standard salary is $113,000. Private sector pays more than the public.

The most famous employers of bankruptcy lawyers include; credit card companies, legal departments of banks, public interest organizations and the government.

The decline in economy has increased the cases for bankruptcy lawyers.

How to choose the correct bankruptcy lawyer

Hiring a wrong lawyer can be the biggest mistake you can ever make for any bankruptcy cases. Here are a few factors to consider when hiring one;

  1. Experience

Hire a lawyer who has done his or her due diligence well. Ask them the kind of bankruptcy related cases they have ever handled before. Hire someone who specializes in all types of bankruptcies.

  1. Aptitude

It is in order to work with a refined lawyer. Hiring the services who has not handled as many cases or a recent graduate is not a good idea after all. Errors found in bankruptcy cases are quite costly hence the need to hire an experienced professional.

Do your research from trusted family, friends or former clients and they will give you recommendations.

  1. Legal fees

Cost factor is important before making any agreement with a bankruptcy lawyer. Get to know their different packages for various types of bankruptcy cases. Take your time and research about all the cost implication.

  1. Lawyer’s availability

Time is a factor that cannot be ignored as it is very crucial. Get to find out where the lawyer you have hired will perform the task him or herself. Ask how long it will take to receive emails or phone calls from them. If the responses do not satisfy you, you can opt of services from another bankruptcy lawyer.

Wrapping up

Declaring bankruptcy is not an easy decision to make. It is important to have a lawyer that shows empathy during that tough journey. If you are looking for a career choice, you might consider bankruptcy lawyer.

This is because it is a very competitive field and the job opportunities are quite high. You can choose to be hired or start your own law firm.

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Lawyer

This is how Brexit has changed civil disputes according to an arbitrator firm in Hungary

Brexit has sown a great deal of unpredictability between the EU and the UK, and this uncertainty only becomes more blatant in transnational litigation. Companies on both sides face difficulties when it comes to enforcing the judgements made in civil disputes, but according to an international arbitrator in Hungary, arbitration may just be the solution they should be looking for.

Read on to find out why!

An international law firm in Hungary points out the legal issues and uncertainties that Brexit brought

Before Brexit took place, and the United Kingdom was still part of the European Union, companies in Britain could enjoy the full range of the transparency offered by the EU’s well-established civil conflict resolution structure, whenever they had to resolve their legal issues with other companies overseas. Among other things, the EU’s legal framework covered the recognition of judgements made by EU member state courts.

However, this transparency and predictability is now non-existent.

After a long period of uncertain negotiations, both governments finally concluded an agreement in the form of the TCA (Trade and Cooperation Agreement). Thanks to this, the EU and the UK managed to avoid the difficulties that would have arisen from a “hard Brexit”.

Still, not all issues were resolved, as the TCA makes no mention about the legal reciprocity of civil disputes between European and British companies.  The agreement made by the EU and the UK still covers judicial cooperation in criminal matters but does not touch upon the issue of civil disputes.

The TCA alone is not enough of a solution according to an international firm in Hungary

There is now much less certainty concerning the mutual recognition of judgements made in transnational litigation. For example, a German company would not have any guarantees about being able to enforce a cross-border judgement made in the UK, and vice-versa. As such, even if a party manages to prevail through a civil dispute with another foreign company, victory would still be far from assured.

This is further complicated by the fact that UK courts are now unable to apply European Union law, except in specific circumstances that are either determined by the TCA, or allowed by dome other domestic legislation.

Why does an international law firm in Hungary suggest arbitration as a solution for civil disputes?

The good news is that despite all the uncertainty surrounding civil disputes, there is a way around for both European and British companies. Specifically, the validity of arbitration clauses still remains untouched by Brexit. This is because the enforcement of civil disputes resolved through arbitration is governed by an international treaty that exists outside of the scope of the EU, and such, its legitimacy is not diminished in the slightest by Brexit.

This means that thanks to professional arbitration attorneys provided by international law firms in countries like Hungary, companies in the UK and EU can still have access to a flexible and reliable method to resolve their legal disputes!

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Attorney

Signs You Need a Wrongful Death Attorney

It is devastating when a loved one dies from natural causes like illness or old age. However, it’s even more heartbreaking when they are killed due to the negligence of another person. Luckily, when a person dies of unnatural death, there is a cause that people follow. If you suspect that your loved one died because of another person’s actions, it could be a good idea to take the legal steps of hiring a wrongful death lawyer. However, you need to know situations that can prove wrongful death out of negligence of another party. This article will give you several situations when you require hiring the legal professional.

  1.     If your Loved One was a Victim of Homicide

Surprisingly, some homicide cases can be termed as wrongful death. It is possible for another person to be negligent deliberately, causing the death of another. So, if your loved one was a homicide victim, it might be time to get an attorney. This is important regardless of whether the defendant was convicted or not.

  1.     If They Died When Getting Medical Care

When being under the care of a doctor, there are many things that can happen, leading to death. It could be a misdiagnosis, surgery error, error in treatment or the doctor fails to diagnose a certain illness that leads to the death of your dear one. In this case, the doctor has been unable to reach the required level of care and has gone against their oath. At this point, you need to get yourself a wrongful death attorney. The expert will evaluate your case and inform you about the validity of your case.

  1.     If it was a Car Accident

Many people think that car accidents are inevitable. Even though this may be partly true, some of the accidents that happen are due to the recklessness of the drivers. So, if you have a victim who dies from a car accident, it might be time to hire a wrongful death expert. The driver could have been drunk, neglected the road sign or just reckless. So, get the specialist to acquire justice for your deceased loved one.

  1.     If their Death Happened at the Workplace

If your child, parent, partner or sibling was killed while at their place of work, you have a ground to get an attorney. Some professions like construction, factories and others are naturally dangerous. However, some people die in such places from negligence. So, you will require proof that the superintendent or manager was negligent in order to build your case. Their death could have been a result of faulty equipment, negligence of safety measures or other causes. So, get a lawyer to evaluate the situation first.

  1.     If Death was Due to a Pharmaceutical Error

If a company producing drugs does not inform the consumers about the various side effects after using the certain drugs, this can be a platform of wrongful death. Your loved one may have died after using a drug that did not describe the side effect and at this point, you need to hire a lawyer for your wrongful death case. The attorney will help in suing the company due to negligence and allow you and your family to recover from the incident.

Conclusion

If you suspect that the death of your loved one was a result of negligence, it is best you hire a  wrongful death lawyer. The expert will give you non-obligation and unbiased advice when you give them the details of the circumstances surrounding the death of your relative. The lawyer will evaluate the case to determine its validity and help you find justice. 

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News

Can an Intellectual Property Lawyer (IP Lawyer) Protect My Ideas?

Yes, many types of intellectual property, or IP, fall under the protection of an intellectual property lawyer. Toronto creations of the mind or original works of authorship include creative and intellectual works like designs, symbols, and commercial signs. Whether you’re into processes, machines, research and development, or fine arts, an intellectual property lawyer offers significant benefits.

Simple Ideas and Vast IP litigation

It is possible to find copyright protection or apply for a patent protecting a wide range of IP conceptions, from engineering inventions to plant breeders. Intellectual property falls under the definition of an intangible asset—a non-physical item that holds value or is owned and can be bought or sold. There are many IP types, including non-disclosure agreements, patents, trademarks, copyrighted works, and trade secrets.

IP laws aim to protect these intangible assets in much the same way as physical belongings. The legal policies protect Intellectual property from poaching for a period of time, creating an environment that encourages innovative ideas and intellectual rigour. Protecting the work before setting out to offer a product or service is a vital step in a successful venture, but how can you legally safeguard your ideas?

Canada works to protect your legal rights as an author and creator, so there are options for when you are getting sued or need to sue someone for intellectual property infringement. Do you have a new idea or creative work that you want to protect? Contact an intellectual property lawyer in Toronto today!

Is It Essential to Protect Original Work?

We live in a creative world fueled by constant innovation. Your creative works contribute to this environment and help it to thrive. When new ideas enter the market, people have the opportunity to consume these thoughts and products in a new and exciting way. The market is always looking for fresh, compelling designs, work, and ideas, and your original work can blossom in the right creative climate.

The modern economy is knowledge-based, so there is a significant value placed on intellectual property. Legally safeguarding your ideas allows your work to flourish, and original work is just as important as any physical asset. You put thought and effort into creating and developing your work, so why not ensure that it is yours to use and enjoy for a lifetime?

Safeguard Your Intellectual Property: Five Areas to Consider

Canadians can utilize a multitude of options to protect intellectual property, including patents, copyrights, trademarks, trade secrets, and industrial rights. IP rights apply slightly differently in each category, and a competent intellectual property lawyer like Shift Law will be able to offer guidance around the right legal protection options.

Patents

Patents grant inventors exclusive rights to their inventions for up to 20 years. It includes the rights to sell, make, distribute, and import these patented works. It is the most common tool for protecting inventions and provides ample incentive for inventors that want to receive recognition for their creativity.

You can leverage an IP patent by licensing it (allowing someone to utilize it for a fee or sell it entirely). It maximizes the profit potential and ensures you make the most of your invention. It is possible to keep an invention a trade secret, but a patent offers a far more competitive advantage and shows investors or shareholders your commitment.

Patenting an invention requires disclosing the full details of the design or work in published patent documents. You must also apply to the patent office detailing your invention (which will become public knowledge).

Copyrights

A copyright is an exclusive right to produce, reproduce, publish, or perform original work, also called the author’s rights. The works eligible for copyright are broad and may include literary, artistic, scientific, and dramatic bodies of work. The presiding copyright law acts in your defence when others try to replicate these works without permission.

In Canada, all original creative work is eligible for copyright. However, it is vital that you utilize this law to guard your ideas early on so that complicating factors do not enter the negotiations. International laws also protect copyrights, encompassing economic and moral rights worldwide.

  • Economic rights refer to the control of distribution.
  • Moral rights refer to the author’s rights and cover alteration of a work that might damage your reputation or acknowledgement as an original creator.

Trademarks

Company or brand identities fall under the protection of trademarks. It distinguishes a particular good from others, keeping in mind that the sign or symbol needs to be distinctive to be trademarked. The trademark might apply to words, letters, numbers, symbols, shapes, symbols, tastes, and smells.

One example of a famous trademark is the logo and brand name of “Coca Cola,” owned by the Coca-Cola Company. The trademark means that no other parties may use or copy Coca-Cola’s name or logo.

The owner of the trademark controls who uses the ‘mark,’ ensuring protection from counterfeiters and maximizing consumer trust in the brand. Trademarks are vital in the business world, with large enterprises often using them to develop a unique brand identity. In Canada, trademarks can be registered for ten years and renewed for another ten years.

Trade Secrets

Trade secrets consist of business information that derives value from being kept a secret. For the data to qualify as a trade secret in a legal setting, it must:

  • have commercial value,
  • be a secret, and
  • have been subject to reasonable measures by the company to protect its discovery.

Trade secret examples include new technology development, original product designs, a perfect recipe, and customer data. In Canada, trade secret law is based on the common law framework.

Industrial Rights

Industrial intellectual property falls under an umbrella term in IP. It might include patents for inventions, industrial designs, trademarks, commercial names, geographical indications, and much more. A design must be original, new, and suitable for industrial production to qualify for protection by industrial rights.

For example, a well-designed product that’s visually pleasing is a vital offering in a competitive marketplace. Consumers enjoy appealing aesthetics, and industrial design rights offer a way to protect the elements that distinguish your product’s look and feel from similar items.

Wielding Intellectual Property as a Tool for Success

Many businesses are unaware that they have intellectual property. It’s crucial to speak to an IP lawyer as soon as possible about understanding the company’s IP assets and developing a robust strategy to protect them. A proactive approach is the best intellectual property strategy, no matter your company’s position within the business cycle.

An intellectual property strategy should be prepared well and ready to take your business to its highest potential. An effective IP strategy also involves monitoring competitors’ patents and trademark activities. These approaches optimize the impact of intellectual property on revenue, reputation, and relevance and equip you with an effective way to demonstrate your vision to investors, stockholders, and management teams.

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Attorney

Tips for Hiring the Right Trust Litigation Attorney

If faced with any issues related to a trust, you might want to seek advice and legal representation from a reputable trust litigation attorney. Such a professional will guide you through varying legal matrices and help you get a victory from your case.

In this post, we discuss the varying types of trust funds, the time to consider hiring a trust litigation attorney, and the tips that will help you settle for the right professional.

Types of trust funds

Before we proceed, a trust is an agreement where a single party holds the other party’s property legal title for a third party’s advantage. The relationship involves:

  • The grantor- This is the person responsible for creating a trust and transfers their property’s title to the trustee.
  • The trustee- This is the entity or person who receives the legal titles, manages, and administers the trust
  • The beneficiaries – These are the people who gain from the property in the trust. Beneficiaries can be the trustee, his/her dependents, or the grantor.

There are varying types of trust funds categorized as funded or unfunded, revocable, or irrevocable. And living or testamentary.

In the case of a revocable trust, the person creating the trust (grantor) has control over the assets and can choose to alter them at any time. With an irrevocable trust, change cannot prevail once created.

 A funded trust gets funding from a grantor, while on the other hand, an unfunded trust is made up of the agreement, meaning funds can start coming once the grantor passes on. A living trust provides for the grantor until they pass on, which then goes to his/her beneficiaries.

There are varying reasons why people create trust. Some include: providing legal protection over the grantor’s assets to ensure they are allocated according to their wishes, maintaining privacy by purchasing a property through a trust, saving time, reducing paperwork, avoiding probate, and avoiding or paying less estate tax.

When to consider hiring a trust litigation attorney

Hiring a trust litigation attorney is essential when disputes spring during the distribution of property from one person to another. Despite the trust having been constructed clearly, legal issues may arise at some point requiring the services of a reputable trust litigation attorney.

Some of the reasons why a legal challenge could happen include

  • Document forgery

Some documents are forged, meaning that a civil and criminal challenge is inevitable.

  • If the creator of the trust got coerced

In some instances, a person creating a trust may get lured to distribute assets questionably, denying them free will to have the document as they would like.

  • Breach of fiduciary responsibilities

A fiduciary has a responsibility to follow the directions outlined in the trust. If this is unfollowed, a fiduciary could get rendered in breach of a trust. And this is open to a legal challenge.

  • If the individual who created the trust did not have the legal authority to do so

That could challenge the validity of the entire document. A person may also not be in the right headspace to execute a trust agreement. To win in a court of law, you have to prove beyond a reasonable doubt regarding the executor’s state of mind.

Hiring the right litigation attorney

When hiring a trust litigation attorney, there are several tips that you need to consider. Some of these include:

  • Confirm how many cases the trust litigation attorney has won

When you ask this particular query, bear in mind that the attorney may not define winning as you do. You might think of winning in terms of the attorney securing a judgment from a jury trial. However, an attorney can think of wins according to all the favorable settlements he has necessitated, mixed judgments and extracting concessions just before trial.

Be sure to trust different litigation attorneys on the number of cases they have won and what that may mean for your case.

  • Ensure that you will get updated throughout your case

Sometimes trust litigation cases can be complex to understand, so you will need to work with an attorney who keeps you involved and informed. Ensure that both your communication lines and channels are open to facilitate good communication.

Whether they prefer to communicate through emails, phone calls, or texts, they must meet their end of the bargain by ensuring that they communicate with you regarding the progress of your case every step of the way.

You may also want to ask the person handling your case since sometimes a legal secretary or paralegal may act as your contact person. Knowing that you have someone to keep you updated with your case gives you peace of mind.

  • Verify the modes of payment

Another tip to think about is how the litigation attorney handles their payments. Ask if they work on contingency or charge on an hourly basis. See if they expect a retainer and how much that would be.

Also, think about the billable rate and how long they take. If the trust litigation attorney works on contingency, they will not charge you for their service. However, the law firm will ask for payment if you win the case. And this varies in terms of percentage.

It is worthy to note that the amount of money you pay is dependent on the dispute involved, type of trust, and distribution types available.

  • Find out the frequency with which the litigation attorney settles cases

Finally, several litigation attorneys opt for jury trials and do not endorse settlements. Other attorneys handle cases many times and never take the same to trial. You want to consider an attorney who is transparent about your odds of winning in your case. And one who can prepare you mentally for any outcome that may prevail.

You want to choose a trust litigation attorney who has your best interest at heart and will guide you at the right time to take a fair settlement. Always go for a trustworthy professional who is not out here to extort their clients’ money.

One way to ensure that you settle for a reliable trust litigation attorney is by looking at different sites for reviews. Consider researching their social media pages, Google, and website to assess how customers perceive their services.  Steer away from legal firms with negative comments because that is a red flag that their services are unreliable.

Bear in mind that these tips are not exhaustive. Do thorough research so that you can make the right choice.

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Lawyer

Why You Should Hire a Divorce Lawyer

Nobody expects to get divorced after marriage, but sometimes things don’t work out the way you plan and you unfortunately end up with no other option. The divorce process is stressful and involves a lot of emotions – especially when there are children, shared properties, and a whole host of other issues. With the help of an experienced family lawyer, however, you can make this process much less tiresome.

You will need to make a lot of decisions at this point that will impact your life and that of your children. So, it will be of critical importance to get a divorce lawyer who understands family law well. Discover below the important reasons for why you need to take hiring a divorce lawyer seriously.

A Lawyer Reduces Emotional Stress

Filing for a divorce and dealing with the process can be one of the most stressful and emotional times of your life. A divorce lawyer will help you deal with this stress and represent you in all court processes, such that you have ample time to deal with other familial matters throughout the duration of the case. The court process can also be extremely complicated – combining this with your current situation could take a heavy toll on your health. A lawyer is therefore critical to reducing your stress burden.

To Get Objective Opinion 

This is an emotionally sensitive period and you will be experiencing all kinds of feelings from betrayal, sadness, confusion, depression, and many others. Sometimes these emotions are too strong such that it can be hard to view your case in an objective manner. The emotions will hinder your productivity both in court and in your general life. You may also be unable to make wise decisions that could ultimately harm your case. So, to ensure these emotions do not overwhelm you, you need a neutral party to represent you. A divorce lawyer is able to remain objective towards your case and help you make rational decisions.

The Lawyer Will Handle the Paperwork

Divorce cases involve a lot of paperwork and unless you are familiar with family law, you might not know what to include or how to fill out your paperwork properly. Knowing the documents to file for your case and all the information can be a bit challenging. Submitting the wrong details could also be harmful to your case. This is why you need an experienced professional to handle the paperwork. Experienced divorce lawyers have been doing this for a long time. They know every document that will be necessary to facilitate your case. They know how to fill the documents in a precise and persuasive way to help give you the victory you need.

The Attorney Can Give You Options You Didn’t Know

Sometimes there are other better options that you might not be aware of. Some may be better than what you may be currently focusing on. Your lawyer can help you understand all of these options. In some cases, you and your spouse may not need to go to court to settle your divorce. A lawyer can provide you with alternatives should you wish not to go this route.

In Conclusion 

These are important reasons why hiring a good divorce lawyer should be taken very seriously. The lawyer will support you through the whole process by representing you in court, handling paperwork, helping you cope with stress, and making the necessary negotiations on your behalf. So, in conclusion, if you are getting a divorce, strongly consider hiring a reputable divorce lawyer.

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Law

ARE YOU A VICTIM OF WORKPLACE HARASSMENT?

Dealing with harassment or discrimination at work can cause unimaginable damage to one’s mental health. When dealing with harassment at the workplace, getting even the simplest of tasks done can become very difficult. Many people face harassment at work. Though there are laws to protect the employees, such harassment and discrimination go unnoticed more often than not. If you feel that the workplace has become a toxic environment for you, you aren’t sure if you are a victim, then read on.

How to know that you are a victim of workplace harassment?

If you know that you are being sexualized or made fun of, you know that you are dealing with office harassment. Speaking up about it can be challenging and even embarrassing. Many victims of workplace harassment don’t speak up due to the fear that will make the harassment only worse. This fear becomes stronger when the harasser knows your secrets or is close to your supervisor. When you start considering whether you should speak up or not, you might doubt whether you would be protected or not and be taken seriously.

A lot of organizations do have policies in place concerning harassment and discrimination. Speaking up about the harassment that you have faced takes a lot of courage. Even after having spoken up, you don’t feel that your concerns were addressed. In such a situation, it is best to reach out to a law firm like HTW Law specializing in such laws. When you have experienced lawyers by your side, you know that they won’t stop till you win the case. Such lawyers function on the solid belief that you deserve a pleasant, safe, and hassle-free workspace. If you are being harassed despite bringing it to notice, then taking a legal step is the right way to go about it. It is a crucial step to take as it is not just about you but also about the people in the organization and the future. It is also about the company treating its employees in the right way.

How to know that you are dealing with discrimination at work?

There are many types of discrimination that can take place. Though racial discrimination is prevalent, the other types include discrimination based on sex, age, religion, gender reassignment, sexual orientation, marriage/partnership, pregnancy/motherhood, just to name a few. Discrimination can be hard to spot if it is happening for the first time.

For example, a pregnant woman informs the employer about taking maternity leave. As the due date approaches, her duties are lessened. During the maternity leave, her job position is dissolved. Another example could be a woman who is in her 50 wants to apply for a job position, but she is told that the position will go to someone younger. These are all examples of discrimination. Suppose you think you have been discriminated against. In that case, you must reach out to experienced lawyers like HTW Law who will work with you and help you hold your ground against the employer.

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Law

Should I File a Personal Injury Claim or a Product Liability Claim?

Faulty products can cause serious injury. In the last few years, many stories circulated about e-cigarettes causing explosions. The truth is, any product can cause harm.

When injured by a product, you will be faced with the decision to either file a personal injury claim or a product liability claim. Speaking with a personal injury lawyer in Philadelphia will help you decide which is better for your case. But we are going to cover some of the basics.

Both personal injury claims and product liability claims are designed to protect the right of the injured party so they can receive compensation to help pay for medical bills and other bills caused by the injury.

What is a Personal Injury Claim?

Personal injury claims are very common as they are filed when an injury occurs to the body, which includes the mind and emotions as well. These claims are often filed after someone has been injured due to a slip and fall or a vehicle accident.

If a product causes injury, a personal injury claim can be filed as well, but it might be best to instead file a product liability claim.

What is a Product Liability Claim?

To seek compensation for an injury caused by a product, you can file a product liability claim. But be aware that the product needs to be proven to be defective.

 

Product Design Defect

When a product is found to be a danger due to the design, then it would be a product design defect claim. An example would be a chair that only has 3 legs. Obviously, it can tip easily, causing injury, so from the start of the design, the product is deemed dangerous.

Product Manufacturing Defect

The most common product liability claim is a product manufacturing defect. This is when a product fails to perform safely, even though it says it is safe. Something usually happens in the manufacturing process to defect the product, making it unsafe. An example is a set of tires that are supposed to be safe on the road, but a defective tire ends up causing an accident.

Warning Label Defects

Most dangerous products come with a warning label. But if a product fails to produce one on a product and it does end up causing injury, you could file a warning label defects claim.

Keep in mind that it is the responsibility of the manufacturer to produce a safe product and if they do have any suspicion that a product is unsafe, they are responsible for putting a warning label on the product.

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