How To Be Your Own Advocate Before You Hire Motorcycle Accident Lawyer

Have you recently been involved in a motorcycle accident? If so, you already know firsthand how frightening and traumatizing the entire ordeal can be. Beyond the initial collision, there are countless other challenges that riders have to navigate through, particularly when it comes to protecting your rights. The best way to guarantee you stay protected is to hire an Illinois motorcycle accident attorney to work on your behalf throughout the process.

 

However, you too can do your part to be your own accident advocate. Following a few key steps can help you stay focused should a collision occur. A qualified motorcycle accident lawyer will offer several tips to take to protect your rights, including:

 

Create Your Plan

While you hope you will never have to use it, creating an accident plan can prove an invaluable resource for cyclists who do need it. Your plan should include a checklist of what you need and what to ask for from other motorists involved in the crash. You will also want to have a copy of your license, insurance agent and the contact information for your attorney. You may feel like storing this information your phone is enough; however, keeping a paper copy offers backup should your phone break in the crash.

 

Write It Down

Your first act after a collision is to get yourself to a safe place quickly. Once you have done that, it’s critical to take as many notes as possible about what has occurred. Things can definitely become less clear the longer you wait. Take a few moments to jot down your notes, or dictate them directly into your phone. Important note: if you find yourself too injured to take this step, wait or have someone else take notes for you. It’s important for you to take care of your physical condition first.

 

Snap Pictures And/or Videos

Once again, move to a safe spot and ensure that you have no injuries that require attention. Once you have done that, look around the scene. Take pics and/or videos of other vehicles, the surroundings, and even people involved in the crashed. The images and videos can offer vital substantiating evidence to support and future claims you may file.

 

Get Accounts From Others At The Scene

If there are witnesses who stop at the accident, you will want to make sure you talk with them. Discuss what they specifically saw happen in the moments leading up to the collision, as well as what occurred during and after. Always ask for their contact information so you can follow up with them later if needed. You may even ask them to wait for law enforcement to arrive so they can share their statement with the police as well.

 

Even if you don’t have injuries from your collision, you should always consider consulting with a motorcycle accident lawyer. An attorney will help you understand the best way to protect yourself, as well as how to file for damage retribution.

 

 

About The Author:

Are you in need of a Illinois motorcycle accident attorney? The team at Chicago Legal Group can help. Don’t leave your rights to chance; work with a motorcycle accident lawyer in Chicago to get you what you deserve.

What Your Motorcycle Accident Attorney Will Tell You About Prop 213

Found yourself faced with determining the nuances of Prop 213? Partner with a quaified motorcyle accident attorney. A Southern California motorcycle accident laywer will outline the specifics of this often considered misguided law as well as how it affects you.

 

The Shortcomings Of Proposition 213

 

At first, many had hope for Proposition 213. Passed in 1996, Prop 213 received an astonishing 76.83 approval vote, making it official legislation as part of Civil Code Section 3333.4. Why such a high “yes” vote? Insurance companies packaged the law as a preventative method against impaired drivers from collecting payouts from innocent parties’ insurance carriers.

 

This sounds like a legal no-brainer, right?

 

Not exactly.

 

Once the legislation passed, many voters realized this misguided law has some serious, and unexpected, ramifications.

 

What Is Prop 213 Really?

 

Yes, Prop 213 under Civil Code Section 3333.4 does prohibit drunk drivers from suing insurance companies for retribution. However, it also touts consequences for other accident categories and injured parties. The breakdown on Prop 213 includes:

 

Driving While Impaired, But Not At Fault

Even if an under-the-influence rider was deemed not at fault for causing the accident, Prop 213 specifies that he still can’t file a claim for non-economic damages, such as pain and suffering, or emotional damages.

 

Innocent, But Not Insured

Motorists of any type found not to be at fault for causing the accident must demonstrate proof of valid insurance held when the accident occurred. Even if the driver or rider did nothing to cause the accident, not holding valid insurance coverage means their claims are limited specifically to just monetary damages. What does that mean? You could seek compensation for repairs, lost wages, medical expenses and other related expenses. However, as the driver, you could not seek non-economic damages. Your passengers, insured or not, could still seek non-economic damages.

 

Conviction Retribution

The state does try to toss motorists a legislative bone if the at-fault driver is convicted of driving under the influence and causing your collision. A conviction, while never guaranteed, means that you see non-economic retribution.

 

Consult With A Motorcycle Accident Lawyer

 

Does Prop 213 seem misguided and potentially unfair? It often is, simply because economic damage often falls significantly short of actual non-economic damage. In short, under these conditions, unless you can produce an expense report of your costs, you may often be denied retribution. Less tangible, yet just as serious, conditions, such a trauma and distress, may never be considered as part of list of injuries. The lack of options available to drivers and riders alike can make accident survivors feel like victims all over again.

 

What is the best way to determine if you have rights under Prop 213? Contact a qualified motorcycle accident attorney. A qualified team will have the insight, skill, and experience needed to ensure all of your rights are protected and you get the monetary reward that you are entitled to.

 

About The Author:

The California Legal Group, a qualified team of experienced southern California motorcycle accident attorneys. Their decades of combined knowledge and experience and specialization in motorcyclists ensure that you’re in good hands.

Naperville Business Attorney Discusses the Planned DuPont-Dow Merger

Naperville Business Attorney Discusses the Planned DuPont-Dow Merger

For many business owners, especially those running small or mid-sized companies, the idea of someday joining forces with a competitor may seem completely outrageous. However, depending upon your industry, your goals, and your individual circumstances, a merger could potentially offer a unique, profitable opportunity, and may even allow to keep significant control over a large portion of your business. As a business law attorney in Naperville, I see examples of successful mergers on a regular basis, both in my practice and around the corporate world. Today, I would like to use a planned high-profile merger to illustrate some important things to consider when you are thinking about the future of your company.

Major Announcement

Earlier this month, the Wall Street Journal reported that Dow Chemical Company and the DuPont Company announced a plan to merge the two giants, forming the world’s second largest chemical company, behind only BASF SE. The new behemoth, if approved, would be worth an estimated $120 billion and, based on last year’s numbers, could expect revenues in the neighborhood $90 billion. According to the report, within two years after the merger, the company would then be split into three separate arms, each to be publically traded, focusing on agriculture, material sciences, and nutrition and electronic specialty products.

Financial experts are presenting the merger as the joining of two equals, rather than the acquisition of one company by the other. Dropping prices and a strengthening American dollar, along with tax considerations, make the planned union particularly attractive, despite ending the independence of two of America’s oldest companies. Tentatively named DowDuPont, the company will be dual-headquartered in Michigan and Delaware, with DuPont CEO Edward Breen keeping the title for the combined company, while DOW CEO Andrew Liveris will be the executive chairman.

Some Things to Think About

While you may not be able to fully control all of the circumstances surrounding your possible merger, working with a knowledgeable attorney can give you an edge as you take a good look at the potential. Similar to buying a business or starting a new one, you will want a merger to maximize your opportunities and minimize difficulties. This means that you will want your company to be fully prepared and efficient, proving that you are a worthy partner.

You will also need to carefully consider the terms of any potential merger and the role you wish to play—or not play—in the new company. Whether you want to negotiate a controlling interest or a more hands-off role, you can structure your merger accordingly. A merger may even be an option as you look toward making a business succession plan.

Contact Us Today

If you have questions about how a merger could benefit you and your business, speak with an experienced Naperville business attorney. We will help you explore your options and work with you in developing a profitable plan for your company. Call 630-756-1160 to schedule a consultation at the Gierach Law Firm today.

 

Sources:

http://www.wsj.com/articles/dupont-dow-chemical-agree-to-merge-1449834739

http://www.cbc.ca/news/business/dow-dupont-merger-talks-1.3357703

http://www.bizjournals.com/bizjournals/how-to/growth-strategies/2012/11/10-things-to-ask-before-managing-a.html

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Naperville Business Lawyer Discusses Music Licensing Concerns

Naperville Business Lawyer Discusses Music Licensing Concerns

If you own a restaurant, bar, or a retail establishment open to the general public, you more than likely play music of some sort at least some of the time. You may simply keep a radio tuned to particular station for ambience and background music, or you may have a dedicated playlist of your customers’ preferred songs that cycles every few hours. In a bar, particularly, you may even have live entertainment, including cover bands and karaoke. It is important to realize, however, that copyright laws apply to the public performance of most music and, therefore, you may need to purchase the rights to play music in your establishment or face potential legal action. This is a common concern for many of my business-owner clients, and as a business law attorney, I am delighted to help them find the solution that best meets their entertainment needs.

Performing Rights Organizations

While federal copyright laws offer songwriters protection against the unlawful use of their intellectual property, intermediaries known as Performing Rights Organizations, or PROs, have been established to make licensing and enforcement easier. Nearly all licensing rights for music played in the United States are held by one of three PROs: Broadcast Music, Incorporated (BMI); American Society of Composers, Authors, and Publishers (ASCAP), and SESAC, formerly an acronym for Society of European Stage Authors and Composers, but currently a stand-alone name.

Restaurants, bars, and other establishments required to obtain licensing will generally acquire a blanket license from each PRO which grants permission to use all of the music it the organization’s catalog. The PRO, for its part, distributes the licensing fees to affiliated music professionals—songwriters, publishers, and composers—as royalties.

Licensing Requirements

According to federal copyright law, a public performance of music is music that is played in any format “in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.” For a business, in addition to the more obvious performance of live music, this could mean playing a CD, using MP3s as hold music, and playing the radio at a level intended to reach customers.

In certain situations, such as vendors that provide in-house jukeboxes or subscription services to provide background music, your licensing fees may be included in your service contract. If you are unsure, however, a qualified Naperville business contract attorney can help you find out.

Exceptions to the Rules

Your business may be eligible for an exemption from the normal music licensing rules, depending on its size and if you only utilize television and radio broadcasts. If your business is smaller than 2,000 square feet, or is a food-service or drinking establishment of less than 3,750 square feet, you do not need a license for broadcasted music. If your business is larger, you may still be exempt as long as you do not have more than six loudspeakers total or more than four in one room, more than four televisions total or more than one in a single room, and you do not charge a cover for admittance.

Talk to a Business Lawyer

As with most aspects of business planning, a proactive approach to music licensing is preferable to a reactive one. It can also save you time, stress, and money in legal fees and fines. Whether you wish to obtain a license from a single PRO or from as many as you can, contact an experienced Naperville business law attorney. We will work with you to review your company’s needs and help you get the legal protection you need. Call 630-756-1160 for a consultation today.

 

Sources:

http://www.nfib.com/article/you-might-need-a-license-to-play-music-in-your-small-business-58346/

http://www.sesac.com/About/About.aspx

https://www.law.cornell.edu/uscode/text/17/101

http://www.restaurant.org/Manage-My-Restaurant/Operations/Regulatory-back-office/11-questions-about-music-licensing

Important Factors To Consider When Choosing Between Naperville Law Firms

If you suddenly required legal help, what would you do? Would you know which attorney to call to represent you? Many people find that they wouldn’t know how to choose between Naperville law firms. In this review, we will share some important factors to consider when choosing which firm to work with. Keep the following questions in mind to help you in your search.

 

Have you received any recommendations from friends or family members?

The first factor to consider when choosing a firm is whether your friends or family members can recommend any law firms in Naperville to you. Perhaps someone you know has sought legal counsel for a similar matter and can provide you with details about the lawyer they used. If you don’t have any family or friends that can recommend an attorney, you can always resort to searching for reviews on the Internet. If you really want to do your research, you can read about the firm’s previous cases and decide if you think their lawyers would be a good fit for your specific situation. The more research you can do, the more qualified you will be to decide which law firms you would feel comfortable using.

 

How much experience does a firm have with your particular situation?

A second important factor to consider when choosing between law firms is the amount of experience the lawyers have. Education is important, but there is something to be said about a lawyer who has been in the industry for many years. Not only do you want an experienced attorney, but you also want an attorney who is experienced in the particular area of law that concerns you. If you have been injured in a car accident, seek out a lawyer who has a successful history in personal injury cases. Selecting a lawyer based on their specific experience will set you up for the greatest success.

 

Do the law firms seem to genuinely care about defending the rights of their clients?

This factor is not as black and white as the rest. It takes a certain amount of intuition to determine whether a lawyer genuinely cares about defending your rights, or whether you seem to be just another client to them. You want an attorney who is passionate about fighting for your rights. Lawyers who genuinely care about their clients will work hard to achieve the best possible outcome.

 

How will you be charged? What are your payment options?

Some attorneys may charge you differently than others, depending on their policies and on your situation. When choosing between attorneys, it is important to ask about how you will be billed. Additionally, you should make it a point to ask what your payment plan options are. This will help you narrow down the law firms you are choosing from, based on which ones you can afford.

 

If you are deciding which lawyer you want to represent you, keep these factors in mind. Doing your research will help you make the best decision.

 

About the Author (Without HTML)

The Greenberg Law Firm serves Illinois and Florida with legal assistance in business matters, family law, estate planning, criminal and traffic defense, injury cases, and real estate transactions. With over 122 years of collective experience, we help our clients take charge of their situations. Our team of professionals can manage your file from start to finish.

Delaying The “I Do”: Recognizing The Growing Trend Of Later Marriages In America

Ever feel like the only studies published about marriage trends have to do solely with reporting current divorce rates? Or that the only time we ever hear about celebrity marriages is after both sides have contacted a divorce attorney? While it’s true the divorce rate will always remain a steady focus for many marital studies (and our celluloid media), there are other trends that warrant attention and consideration. In fact, some recent marital studies have specifically avoided a focus on marriage, and examined the complete lack of such amongst a significant portion of the adult population in America.

 

Pew Research Center Releases Report On Growing Trend Of Delayed Marriages

A recent study conducted by the Pew Research Center has shown that the number of Americans, ages 25 and over, who have never been married is at an all-time high. The report states that, in 2012, 1 in 5 Americans aged 25 and older (aka 42 million people!) had never been married. This is a dramatic upswing in never married individuals compared to data compiled in 1960, when just 1 in 10 adults in this age bracket fell into this category.

The statistics outlined in the study don’t end there. The Pew Research Center report goes on to discuss how the average age for first-time marriages has naturally increased as well; the average age for first-time marriages for women is now at 27 and for men it’s up to 29.

 

Finances Can Play A Major Role In Waiting To Get Married For The First Time

What’s perhaps one of the biggest factors contributing to the record high of first marriage delays? Finances. It’s no secret that money has played a major role in the success (or demise) of marriages throughout every decade. However, modern men and women have undergone a slew of changing financial variables that may have impacted them in different ways when compared to other generations. Recent recessions, coupled with having a significant percentage of both men and women in today’s American workforce means that the economic conditions encountered by both genders have changed considerably. Putting off marriage to focus on financial stability could, in the long run, prove a sound decision that helps ensure their union doesn’t end as an unfortunate statistic that requires a divorce attorney for resolution.

Of course, finances aren’t the only consideration that may have played a role in the recent trend of delaying marriage. Pursuing higher education, specializing in a career field, and even simply waiting to find a more suitable match can all play key roles in determining when someone feels it’s the right time to get married.

Even though couples are waiting to get married, it’s important to note that this recently identified trend is not an indicator that modern couples are simply giving up on marriage in general. Despite the fluctuating divorce rate (which is actually on the decline in recent years) and a trend of delaying the “I do,” those studied by the Pew Research Center have not ruled out marriage entirely. According to their study, 53% of those polled have stated that they would like to marry eventually.

To learn more, or get in touch with a Chicago Divorce Lawyer, visit http://www.divorcelawyerschicago.org

Personal Injury Lawyers and Common Law Basics

Believe it or not, most personal injury laws are considered common law. What that means is that a judge hears a case, makes a decision, and all judges below him in the same state must follow it. These rulings become what is known as common law in that state. While there are a few laws created from bills passed through congress, such as workers compensation laws, the majority of them are produced by common law.

There are a few types of personal injury lawsuits that fall under common law.

• Accidents (not work related) – Car accidents, medical malpractice, and any other type of accident, where someone acts in a negligent or careless manner, that causes another to be harmed.

• Intentional acts – Assault and battery, robbery, or any other injury where one is harmed emotionally or physically by the intentional act of another. Some defamation cases fall under this category, if it can be proven it was meant to cause the harm.

• Defective products – All companies have a responsibility to prevent defective products from being distributed to the public. While intention neglect does not need to be proven, injury from the product being defective must be documented.

• Defamation – When one intentionally makes statements about another, that are false and cause harm to the other person. In most situations, public figures such as politicians, movie stars and other famous or extremely popular people, do not have a case for defamation. There are exceptions to this, however, so caution should be taken.

If you or someone you know has been injured and believe you have a personal injury claim, there are a few things you need to do.

It’s essential that you preserve the evidence of your injuries, by reporting them to your doctor to get the necessary medical records, or protect physical evidence that caused them.

You will also need to file a summons and complaint in the state that it occurred. Through this legal document, you will be able to notify the defendant, that he is being sued.

In most states, you will have to file the summons and complaint, at the local courthouse. In some cases though, you may be able to file the complaint with an officer, at the local police station, at the scene of the incident or hospital. Most of the time, your lawyer can do this for you.

What this means to the ordinary citizen, who is looking to file a personal injury claim, is that he should hire a lawyer to help sort out the details, and ensure that he gets the proper compensation for the injury.

Common Questions Asked In An Illinois Divorce Case

When an individual is deciding whether to file for divorce, then there are many questions that come to mind related to the divorce, the laws in the state and so on. In such a situation, the individual must keep it in mind that getting the desired information from the beginning can change the overall situation of the divorce case as it leads the way to success or disaster. Here are some commonly asked questions related to divorce in Illinois:

Can both parties hire one attorney?

In Illinois, one lawyer representing both parties in a case, especially in a divorce case, is not allowed. If one partner says to the other that his/her lawyer will represent them both, then it is not a good idea because the lawyer can favor only one party.

After the separation, can an individual start dating?

A partner can give proof of any affairs his/her partner had even if the affair didn’t start until the case was filed, so it is better to keep it secret and the person should not introduce his/her new friend to anyone.

How long will a divorce case take?

Most of the cases take 3 to 4 months in Illinois and some cases take more time than that.

How can an individual prove that his/her spouse is addicted?

Samples of blood or urine can be taken as proof. Other than that, friends or relatives can be contacted who can tell the judge about it.

Can an individual take his/her friend for support when going to meet a lawyer?

Yes, a friend can be taken as he/she can help the person to stay calm and comfortable. Other than that, he/she can also help in remembering any important dates related to the case and the facts.

How much does a person have to spend in a divorce case?

Usually, uncontested divorce cases can be resolved in less than $500 but for contested divorce cases, a person has to spend more. At the beginning, a lawyer cannot tell exactly how much the case will take.

After the divorce, how is the property divided?

The non-marital property is received by the owning partner and the marital property is divided according to the equity as Illinois is an “equitable division” state, so property is divided according to fairness.

A child of how many years can make a decision of where he/she wants to live?

A child who is 18-years-old can decide this. Very young kids are not allowed to decide but they can show their wish to the court. A court-appointed lawyer works with the children and conveys the problems and ideas to the judge; children can also meet and talk with the judge directly.

Can a person keep his/her children from seeing the partner if he/she has not paid child support?

No, a person cannot do this because it can affect the children in a negative way and a person should not punish his/her children by doing this.

Author:

Erik Zentz Esq .Attorney At Law