What if I am Unhappy with My Personal Injury Attorney?

If your current personal-injury attorney fails to call you back the same day do not run out and get a new one….lawyers are busy people and you are, hopefully, not the attorney’s only client. But there is a difference between busy and neglectful.

I should emphasize that, we do not attempt to convince those who are happy with their current personal-injury-legal representation, to hop over to another lawyer – ever. If you are happy, stay the course. The most important thing is that you are receiving excellent medical attention and that your legal rights are protected.

But, if you (i) feel neglected; (ii) cannot get your lawyer to return a phone call on a regular basis, or (iii) otherwise doubt the efficacy of your current lawyer; then you have the right to interview and hire another personal-injury attorney that you feel will better represent your particular needs and your particular circumstances re: your car accident, motorcycle, boating, trucking, medical malpractice, RSD, products liability or any other claim.

Under Florida law, your old attorney must transfer all relevant files to your new attorney. And do not worry about who you are paying out of any recovery you might be entitled to – leave it to your old personal injury attorney and the new personal-injury attorney… Keep reading

Don’t Sign That Release!

An unfortunate event happened a few months ago: A very nice young man (we’ll call him Emilio) slowly and cautiously walked into my office in obvious discomfort. During our conversation, he had to pause several times to wait until a debilitating wave of pain passed. Emilio informed me that, about a week ago, he had been driving through a green light at an intersection when another car ran a red light and slammed into the passenger side of his car. Emilio explained that the other driver got the ticket, and had liability insurance. I took a look at the other driver’s insurance policy, and sure enough, everything was in order - the other driver did in fact have enough coverage to pay Emilio’s medical expenses and then some. I was optimistic that our firm would be able to help this prospective client receive the highest quality of medical care, and see that he was fairly and adequately compensated for his out-of-pocket expenses and for his pain and suffering.

But then he showed me one other piece of paper.

It was only a single page and was entitled “Injury Release” and said something to the effect of: For One-Thousand Dollars consideration I forever discharge for all actions, causes of action, demands,… Keep reading

After an Accident, Don’t Delay Hiring an Attorney

After a car accident, or sustaining any other injury, hiring a reputable personal-injury attorney is one of the most important decisions you will make. I recognize that hiring an attorney can be an anxiety-producing process – you have to ask yourself: does this law firm have the experience to best represent me?; do I trust the lawyer that will be assigned to my file?; will he/she adequately protect and defend my interests?, etc. Consequently, some will delay making the decision to hire a personal injury law firm.

This is a potentially very expensive mistake. First of all, shortly after an accident, most insurance policies require you to inform your carrier (the other party involved in the accident will probably have to do the same). So now you have up to TWO insurance companies, with virtually unlimited resources at their disposal, that will immediately spring into action and launch their own investigation - all in an effort to justify paying you as little money as possible.

Insurance companies know that certain injuries will not become symptomatic for several days, and will try to take your recorded statement as soon as possible. You may feel little or no pain at the time of you recorded statement… Keep reading

A Primer to Understanding Your Car Insurance Coverage

“BI,” “PD,” “PIP,” “UM” — OMG!! A primer to understanding your Car Insurance Coverage

No doubt about it – automobile insurance policies are confusing. Many a time has a recently-injured potential client of the firm entered the office to boast confidently: “I am fully covered!” or “Don’t worry, I have enough coverage”…believing that their insurance policy will pay for all of their injuries. It is then made all the more distressing when I have to be the one to inform them that they are mistaken.

The purpose of this series of articles is to explain some of the basic terms and several pitfalls that you should understand when purchasing car insurance.

Your insurance policy is comprised of several different types of coverage. These types of coverage fall into two basic categories:

(I) coverages that protect 3^rd parties that you harm (Bodily Injury Liability | Property Damage Liability); and

(II) coverages that protect you (Personal Injury Protection | Uninsured Motorist)

If you would like to speak to an attorney, please call 1-800-379-TEAM (8326) and ask for Jason Neufeld, or email him directly at jneufeld@nkplaw.com.

SHOULD I TRADEMARK MY BUSINESS NAME OR LOGO?

By Michael D. Steger

A trademark is used to identify the source of goods or services. Some of the most recognizable consumer or business brands in the world are also the world’s most valuable trademarks. According to a recent survey, the world’s most valuable brands are, in order, Google, Microsoft, Wal-Mart, IBM and Vodafone. All of these brand names, and their accompanying logos, resonate with the public and create a clear image in the consumer’s mind of what goods and services those companies offer.

A registered trademark can increase the value of a brand, especially for companies providing consumer goods and services, those that are in knowledge-based industries and businesses that may be looking to franchise. Trademarks can also be vital to businesses that are providing services and goods over the internet or in more than one state. In contrast, there is usually little value in trademarking the name of a local business that serves a very localized clientele. As knowledge-based businesses become more important to the economy, a valuable brand name and accompanying trademark can help you stand out from the crowd when much of the business’s value is in your head.

Most importantly, obtaining a… Keep reading

Roy Black Says Miami Law is in a “death spiral”; Offers Solution

… Keep reading

Finding Help for Your Small Business is Serious Business

 The New York City based consulting group, Hudson Business Solutions, arrived on the scene this month. And where better to launch than from the Empire State Building. A full-service business consulting firm, HBS is setting up shop on the 60th floor of the ‘ol ESB. With a team of experienced consultants and successful entrepreneurs, Hudson is reaching out to new business owners who are looking to grow their brand and sharpen their strategy.

“What we find in New York is an abundance of young, hungry entrepreneurs who have a specific skill set or service they offer,” says Tory Thurman, a Senior Consultant for HBS. “The problem is they don’t have a clear business strategy and they aren’t branding themselves to reach the market.”  

With unemployment reaching record highs, it’s not just New Yorkers who are feeling the job crunch. A new breed of entrepreneurs has emerged around the country who are striking out on their own more out of necessity than anything else.

“Graduates who find themselves unemployed right out of college have a choice to make,” says Jeff Fisher, Director of Business Planning. “They can keep sending out resumes or they… Keep reading

Featured Lawyer of the Week: Jordan Gerber, Esq. – Family Law

Do I Need a Lawyer to Get a Divorce?

By Jordan Gerber, Esq.

In a world where “c.r.e.a.m.” is as recognizable an acronym as “bankruptcy” is a buzzword, it’s only logical that many people have found themselves having to cut corners anywhere they can. You know, magnums instead of jeroboams, Maybachs over Bugattis, downsizing from summering in the French Riviera to a quick jaunt to Bali. And if it just so happens your name isn’t Carlos Slim or you don’t sit on the board of Goldman Sachs, tightening the budget most often means restructuring the way you categorize expenses. For example, when you have trained your eight year old son to answer the phone “Gee, I don’t know when a good time to call back would be Mister (credit card/bank/lending representative). Since Mama ran off with Uncle Charley, Pop’s just been sitting on the front porch drinking moonshine and cleaning his gun,”… Somehow scoring a ticket to the Oasis reunion tour you had been waiting a decade for moves from the –I don’t care if I have to feed my family Taco Bell for a month I’m buying it- category to the –no matter how… Keep reading

Common Mistakes Made by Buyers During Due Diligence

The treacherous course of due diligence, as part of the buying process, is fraught with booby traps. As a former corporate legal counsel, I can tell you that more business decisions are made from the gut than from an informed and calculated business perspective. Even the best of deals involve some level of emotion (“Listen, I really want this deal to work!”). But having a road map on which to execute your due diligence can help you navigate through the  buying process and arrive safely at a wise business decision.

Authors Andrew Sherman and William M. Crilly provide a great road map in The AMA Handbook of Due Diligence: Revised and Updated Edition — filled with nearly 400 customizable forms and templates for recording and analyzing every possible operation or financial activity at any organization.

The Law Insider featured article from author Andrew Sherman

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Common Mistakes Made by Buyers During Due Diligence
By Andrew J. Sherman,
Author of The AMA Handbook of Due Diligence

1. Mismatch between the documents provided by the seller and the skills of the buyer’s review team. It may be the case that the seller has particularly complex financial… Keep reading

Trial Skills Video: How to Deliver an OPENING STATEMENT

Check out this great video from our partners at Trial Skills Live demonstrating some effective methods for delivering an opening statement. We can all debate the finer points of trial advocacy, but having a strong video to draw from and critique definitely makes the dialogue more productive. We encourage our lawyers and mock trial veterans to offer feedback. Join the conversation!