Expanding your business: Do your research

If you have recently decided to start a business, you are probably wondering how exactly to expand it and which steps to take first. You will first want to start off with selecting the exact type of business you plan on running and how you would like to expand it. It is best if you consider beforehand what the effects will be on your liability and your taxes.

  • One option when expanding your business would be for you to name yourself as the sole business owner through the title of “sole proprietor”. Doing this shows that you alone are registering your business for tax and legal purposes. It also means that it is only you who will keep all of your profits generated by your business after taxes and will be held liable for any losses or damages. Another option is to set up your business as an LLC (limited liability company). This holds you less liable for any damages or losses incurred as a sole proprietor. Limited partnership can always be given in a sole proprietorship because it provides a cap on how liable your partner is and can also give them limited authority. One of the most difficult parts of expanding your business is determining how exactly to structure your ideal business. It is really in your best interest to consider seeking the advice of a business structure and contacts lawyer so that he or she can explain all of the options to you.
  • You should do extensive market research on your competition when attempting to expand your business. It is vital that you know exactly who your competition is and how they operate. Research how your rivals conduct their business, what kind of sales they run, how much they yield in a year and their demographic. Learn all that you can about their successes and failures as a similar business. This will help you expand in the long run. Try to talk to customers and employees within the other business, or even go to any conference that they are at and try to speak with them directly about their business without leading on that you are in the same field.
  • Remember to heavily review documents like business and legal reports including those put out by publishers like Simba Information. This will be helpful in preparing a business plan that will bring in more revenue. Because a business plan is pretty much a roadmap that will lead you to a thriving business, it should include your projected growth, budget, and what your business brings to the table for investors.

How are Physical Therapists Trained?

Physical Therapy treatment has a reputation for alleviating pain in the lower back and in the neck. Though Physical Therapists are not medical doctors (MD) they will almost always have a Doctor of Physical Therapy (DC). Their training is extensive and teaches the Physical Therapists how to treat musculoskeletal issues generally by manipulating soft tissue and joints. Most Physical Therapists will spend between seven and nine years after high school in education and training.

Steps to Becoming a Licensed Physical Therapist

  1. Undergraduate college. The beginning step for becoming a Physical Therapist involves completing a minimum of 90 credit hours at an accredited undergraduate college. Though, a bachelor’s degree isn’t required, it is highly recommended by many states. In general, the primary coursework will involve:  
    • Genetics, kinesiology, and human anatomy are required.
    • Sociology, interpersonal relation, and communication are recommended.
    • Physics, chemistry and biology.
  1. Physical Therapy school. After undergraduate school, Physical Therapy students will attend a specialized Physical Therapy college; of which, there are a mere 18 in the U.S. A number of guidelines are administered by the Councils on Physical Therapy Education International (CCEI) regarding Physical Therapy school education:
  • A minimum of 24 hours must be earned in life and physical science courses.
  • Applicants must have at least a 3.0 grade point average on the 4.0 scale having completed at least 90 credit hours, in order be accepted into the classes.
  1. Clinical training. A student will be required to complete a minimum of 4,200 hours within the four years of Physical Therapy school. The hours are spent between class, laboratory, and clinical sessions.. At the very least, a student must have 1,000 hours in clinical training. Nearly all the training involves the supervision of teacher. Common classes during Physical Therapy school:
  • Microbiology and public health
  • Biochemistry
  • Elective courses are usually required
  • Anatomy
  • Business Management classes are usually recommended
  • Physiopathology
  • Ancillary therapeutic procedures
  • Diagnostic imaging and diagnosis
  • Physical Therapy philosophy and technique
  • Clinical laboratory
  • Clinical experience
  1. Physical Therapists wishing to work in the U.S. need to acquire a license in the same state they wish to practice. 
  • A license may be obtained after passing the local or state boards as well as the national board examinations.
  • The license will only be valid within the state that it was obtained. If a Physical Therapist desires to practice in another state, they will need to pass the boards for said state.
  • Malpractice insurance is a requirement and must be obtained before practicing in any state.

It is clear that Physical Therapists are well trained. Treatment is especially popular among victims of car accidents. If you are the victim of a car accident, contact a personal injury attorney. If the accident was the result of the other driver’s negligence, you may be eligible to receive compensation for Physical Therapy treatment from an experienced professional such as the Physical Therapist Rockville, MD locals turn to.


Thanks to authors at Pain and Arthritis Center for their insight into Physical Therapy Care.

Chiropractic Treatment After an Accident

Accidents can occur in your home, workplace and even at the store. However, if you were injured due to the negligence of another individual, you may be eligible for compensation. Whether it was unmarked wet floors at your apartment complex, a poorly crafted staircase at work or an item falling on you from the top shelf at the store, you can recover medical expenses and lost wages from each of these cases. Personal injury lawsuits can help you gain from your physical, emotional and mental well being damages due to an accident you were not at fault for. Chiropractors are able to treat an array of injuries, from knee pain, pregnancy pains, and even joint injuries. They can massage soft tissue after a sports injury to help rid you of any injuries sustained during a game, and can help you get back on your feet without as much pain rather quickly.

You should visit a chiropractor immediately after your accident to begin documenting your injury treatment, so that you can provide medical records as a testament to your bodily injury. You should also visit your doctor and write down dates of doctor’s visits, what medication you are given, and include any xrays or MRI scans that are taken. You will need to provide proof like all of the medical documentation, pictures of the injury, crime scene and police report. You cannot be given compensation for your damages if you cannot prove your injuries were sustained because of the accident. However, you may be denied compensation if the proof or evidence are unclear or your chiropractic visits and treatment are deemed to be unnecessary because they were not needed for your injury.

Contact a Personal Injury Attorney

If you cannot settle your claim out of court, then you really should consider hiring a personal injury attorney. He or she will help you prove your chiropractic treatment was necessary for your ultimate knee pain recovery and that it was directly related to your incident.  An attorney can also help you prove you may not be able to return to your job or reasonable quality of life after your accident. This will come in handy if the defendant hires an expert to determine whether or not your treatment was valid. Because chiropractic care is often an acceptable and needed medical treatment in courtrooms, it is a valid treatment option for every plaintiff. Work with an experienced practice such as the knee arthritis treatment Rockville, MD locals turn to.

 

Thanks to authors at Pain & Arthritis Center for their insight into Chiropractic Care.

Tips for Safely Riding a Motorcycle

The recreational use of a motorcycle can be enjoyable entertainment when it comes to transporting yourself where you need to go. The downfall for any motorcycle enthusiast is the risk that you could suffer from serious injuries in the event that you are in an accident. Taking care by adhering to the following safety tips when riding a motorcycle can help to prevent you from being in an accident.

Protective Gear

When riding a motorcycle, wearing the appropriate clothing can help to protect you in the event that there is an accident. Complying with this will help to diminish the injuries you could receive in an accident.  Always be sure to wear items such as:

  • Leather clothing such as jackets or chaps
  • Boots or shoes with non-slip soles
  • DMV approved helmet
  • Gloves

Be Alert

Riding a motorcycle requires engaging all five senses, because of this, it is vital that a person be aware of their surroundings. Be sure to rest if you are tired. Failure to do so could cause a delay in your response which could cause you to be at increased risk of an accident occurring.

Survey the Motorcycle

Go over the motorcycle every once in awhile to ensure that the bike is functioning the way that it should be. Failure to do so not only puts you at risk, but others on the road as well. Any indication that the bike is not functioning properly should be a clear indicator to have it checked out by a mechanic.

Follow Traffic Laws

It is vital that the motorcyclist enthusiast diligently follow the rules of the road. This can be done by adhering to the speed limit and stopping at all stop signs and traffic signals.

Become a Skilled Rider

The better your skills the safer you will be on the road. Being a skillful motorcycle enthusiast will help you to avoid accident. Achieve this by taking motorcycle classes that will be helpful in learning how to:

  • Respond in an emergency
  • Break Safely
  • Riding on uneven terrains

Connecting with a lawyer, like a motorcycle or car accident lawyer Memphis TN trusts, can help if you were injured in a motorcycle accident. They will be able to determine whether or not you have a case against the person who hit you by going over the details of your particular situation. An attorney will be able to ensure that you receive the compensation you are entitled to from insurance companies by always keeping your interests at the forefront.

 

Thanks to our friends from Darrell Castle and Associates, PLLC for their insights into tips for safely riding a motorcycle.

 

5 Things to Know about Uninsured Motorist Coverage

 

The law requires drivers in the United States to purchase insurance premiums. However, the Insurance Research Council (IRC) says that in 2012, one in eight American drivers — equivalent to 12.6% of motorists — had no insurance. This means that approximately 30 million drivers were uninsured.

 

The Risks Posed by Uninsured Drivers

 

If an uninsured motorist causes bodily harm, property damage, or the death of a loved one, the risks that follow are bigger than you might imagine. Uninsured motorists can leave you stuck with permanent physical disabilities, lifelong facial scars, emotional trauma, or sky-high medical bills. There are many scenarios in which uninsured motorists hit other drivers or even pedestrians who cannot work after their accident and therefore lose income.

 

Luckily, uninsured motorist coverage can provide assistance if an uninsured driver hits you.

 

What is Uninsured Motorist Coverage?

 

Uninsured motorist coverage is the insurance premium that protects your welfare if you suffer injuries in an accident involving an uninsured, negligent driver. Uninsured drivers may fit  has the following characteristics:

 

  • Motorists with no coverage at all.
  • A motorist whose premium falls short of the state-definition of minimum liability standards.
  • The driver’s insurer denied the claim or was unable to meet the financial responsibility the claimant requires.
  • A hit and run motorist who causes bodily injury (UMBI) but whose identity or whereabouts remain unknown.

 

In 21 U.S. states as well as the District of Columbia, uninsured motorist coverage is mandatory. Texas and Nevada go further than the mandatory Uninsured Motorist Insurance to use an online-based insurance verification to establish uninsured motorists.

 

When Does Uninsured Motorist Coverage Help?

 

The uninsured motorist premiums cater for the injuries below:

 

  • While you drive a vehicle or ride a motorcycle listed in your policy.
  • When riding or driving in another vehicle (i.e., not necessarily the car you own).
  • If you suffer injuries as a pedestrian, caused by an uninsured motorist.
  • A relative/dependent on your insurance policy suffers injuries in an accident with an uninsured motorist.
  • Any passengers in the vehicle while you drive, even if you do not own the vehicle.

 

Uninsured Driver Coverage Claims

 

If you become a victim of a road crash, and if there is evidence that the uninsured motorist is at fault, here are a couple basic tips to keep in mind:

 

  • Pursuing the uninsured driver serves no purpose. Drivers who carry no premiums may not have money. Instead, notify your insurer about the uninsured driver coverage and also contact our car accident lawyer.
  • The car insurance policy may contain clauses about strict timelines. Do not delay. Never surpass the 30-day period before consulting our attorneys and the insurer.
  • You can talk with a lawyer before beginning the claims process. It’s not necessary to speak with a car accident lawyer, but this may be beneficial if your accident was particularly severe and/or led to very high medical bills. You may also want to speak to a lawyer if several insurance companies could be involved in the claim. In a truck accident, for example, a truck accident lawyer may advocate for your best interests against several powerful insurers.

 

An uninsured personal injury claim progresses the same way a regular personal injury car accident claim does. An experienced attorney  such as the Personal Injury Lawyer Charlottesville VA  can show you the steps to follow in the claim request to your insurance firm, along with assisting in pretrial investigations, medical records documentation, expert witnesses, and eyewitnesses statements.


Thanks to Authors at Martin Wren P.C. for their insight into Personal Injury Law.

 

Injured at a Catering Event? How to Determine Liability

 

 

Who is Liable?

Accidents happen at even the best events. If you have been injured at a catered event and are contemplating pursuing a lawsuit, you first need to determine liability before going any further. Determining liability can be complicated; however, it often is the fault of the person or party that was negligent. Their carelessness must be the reason you are injured, or else they cannot be held liable.

A modern wedding venue Glendale CA prefers can tell you that catering companies usually have insurance to cover this sort of thing, if they set up in someone else’s backyard, kitchen,  banquet hall, or any other property they run the risk that property damage or injury to clients can occur. Though reputable event venues do their best to ensure the caterers working their events do their best to avoid accidents, sometimes they can still happen.

 

How Fault is Determined

In its purest definition, fault is recklessness, negligence, and intentional misconduct.  This means that a party’s carelessness resulted in damage or harm of an individual.  The willful disregard for the safety and welfare of others is often what determines fault in cases like this.  Comparative negligence is usually used in personal injury cases.  This allows the court to weigh your percentage of fault compared to the other party.  Even if you are deemed partially at fault, you can still seek compensation.

 

Documenting the Accident

A good way to document the accident is to take notes at the scene of it.  You most likely will be very shaken up, however it is very important to gather evidence that can help reinforce and support your claim.  There may be weeks or even months between the accident and the lawsuit if you claim, and it is easy to forget important details during this time.  Writing a detailed account of what happened, events leading up to the accident, and who was there is an excellent way to prove negligence on the other party.  If there are witnesses around, you should ask them to write a testimonial to what they saw, sign the paper, and give their contact information. You can also document the accident by taking pictures on your phone.  Take pictures of the scene, your injury and areas surrounding the scene.

 

Contact an Attorney

When making the claim with your insurance company, be sure to gather and submit your photos, testimonials, and notes. Consider contacting an attorney to find out how to further pursue getting compensated fairly. If you are not happy with the compensation offered, you can always dispute the claim. Having a personal injury lawyer will make this process a lot easier.

 

Metropol Banquet Event Venue GlendaleThanks to friends and contributors from Metropol for their insight into catering and venues.

Causes and Effects of Osteoarthritis

The term, arthritis, is a combination of the prefix, arthro, and the suffix, itis. Arthro refers to joints and itis refers to inflammation; so, arthritis, essentially means, “joint inflammation”. Roughly 200 rheumatic conditions and diseases that affect joints are categorized as arthritis. It is a condition that applies to nearly 53 million adults, according to information from the Centers of Disease Control and Prevention. Of those cases, it is reported that osteoarthritis, the degeneration of joint cartilage and the underlying bone, is the most common ailment. This form of arthritis is common to the hands, hips, and knees.

 

Causes of Osteoarthritis

 

Many factors are responsible for causing arthritis, especially since there are many types of arthritis. Below are few potential causes and factors to consider when evaluating osteoarthritis.

 

  1. Obesity and weight: substantial weight can add additional strain to joints and ligaments, resulting in increased degeneration. Weight is a common factor in developing knee osteoarthritis.
  2. Infection: joints can become infected by various microbial agents. When the joints become infected, the microbes may cause different forms of arthritis to develop.
  3. Joint injuries: the damage caused by an joint injury can play a role in the development of arthritis.
  4. Occupation: jobs that require repetitive motions, like squatting, can impact the probability of developing osteoarthritis.

Effects of Osteoarthritis

The symptoms of osteoarthritis may vary depending on severity. The common effects include:

  1. Stiffness and joint pain: common in more active joints such as the knee, hip, spine, hand, and lower region of the thumb.
  2. Morning stiffness: may hinder mobility in the morning.
  3. Pain that becomes worse after exercise or pressure on the joint: can be induced by daily activities, such as work-related duties.
  4. Pain that causes sleep disturbances: sleep plays a vital role in the body’s recovery, problems sleeping can negatively affect overall health.

Options for Sufferers

Although some factors contributing to the development of osteoarthritis are unavoidable, it does not mean that sufferers don’t have options.

  1. Exercise: although excessive exercise and motion has potential to worsen conditions, studies have found that moderate activity a few times a week can decrease the effects of osteoarthritis in the knee.
  2. Medication: even without prescription, pain relievers like acetaminophen have been effective in some cases.
  3. Physical therapy or occupational therapy: often times the therapists utilize stretches and other activities specific to the condition of the individual.

It is highly possible for work related conditions to  increase the probability, or even cause the onset of osteoarthritis in the knee. Treatment and medication can be a financial burden to sufferers. Contact a personal injury lawyer if you feel that your knee injury and osteoarthritis may have been caused by someone else’s negligence. The treatment and medication costs could be covered by compensation. Work with an experienced doctor to relieve your symptoms today such as the knee pain doctor in PG County MD.


Thanks to Authors at Pain and Arthritis Relief Center for their insight into Chiropractic treatment.

Picking a Brand Name is More Complicated Than You Think

Picking a Brand Name is More Complicated Than You Think

 

Every business needs a business name and every product or service offered by a business usually needs to have a brand name.  Legally, choosing these names can be tricky.  For example, even if a Secretary of State approves a name for a corporation or limited liability entity or partnership, if that name infringes a name protected under the federal Trademark Act, the trademark owner can stop the use of that state approved name.  And under trademark law, the trademark owner not only can stop identical names, but can stop “confusingly similar” names as well.  Read on.

 

The legal terms for brand names, business names and product names that are used to give consumers a way to identify and distinguish the businesses, products and services identified by one of these names are (1) trademarks, for names used with products, and (2) service marks, for names used with services.  A “product” is a tangible good.  A “service” is an intangible offered for the benefit of its users.  For example, NIKE is a trademark for athletic wear.  A law firm name is a service mark for legal services.  Sometimes, a name can be both.  McDonald’s is a trademark for hamburgers and other food items and also is a service mark for restaurant services.

 

Trademarks and service marks (I’ll refer to both as “trademarks” or “marks”) are protected under the common law, state trademark statutory laws and the federal Trademark Act, as a trademark lawyer Los Angeles CA trusts can tell you. In the U.S., common law protection arises from using the trademark with a product or service.  Trademarks also can be registered under state law and the federal act, but only after they have been used respectively in the state and in interstate or foreign (between a US state and another country) commerce.  Under the federal act, one can file an application to register a trademark before it’s used, but the registration can’t issue until there’s been actual interstate use.  There are also international treaties that allow nationals of other countries to file their foreign trademark applications or registrations with the U.S. Patent and Trademark Office.

 

Trademark law protects the owner of a valid trademark by giving it the exclusive right stop the use by later users of “confusingly similar” marks.  A confusingly similar mark is one that if or when used will cause relevant consumers to mistakenly believe that the products or services sold under the marks are connected or related in some way.  The more famous the trademark owner’s mark, the more protection it gets.  We’ve had the good fortune to represent the owners of famous marks and on their behalf have stopped the registration or use of many confusingly similar marks.  Some examples are:

 

CityBroker for financial services stopped by Citibank for financial services

Fun Dough for modeling compound stopped by PlayDoh

El Gallo energy drink stopped by Gallo for wines

Karaoke Idol for karaoke contests held in bars stopped by American Idol

 

Each of the federal circuits and the U.S. Patent and Trademark Office have variations on the test for determining whether two marks are confusingly similar.  The usual factors considered are the inherent “strength” of the plaintiff’s mark (“strength” being a hybrid legal and factual analysis), the fame (or lack thereof) of the plaintiff’s mark, the visual and contextual similarities of the marks, the commercial relatedness of the goods or services in issue, the overlap if any in consumers and channels of trade and marketing, the number of third party similar marks for commercially related surveys, any actual consumer confusion, the defendant’s intent in adopting its mark, and depending on the circuit, other factors.  Thus, just eyeballing two marks for similarity in appearance is only one factor.  In the above PlayDoh case, the similarity in meaning and connotation (proved through a linguistic expert) coupled with the fame of the PlayDoh mark resulted in keeping Fun Dough from being federally registered.

 

So before advising a client that it can use names in their businesses, the best practice is to have an experienced trademark lawyer order and review professional trademark clearance searches and perform an analysis based on the factors described above.  And just to add to the fun, these rules also apply to logos, packaging design, product design, and any other indicia that can be used as a trademark.


Thanks to our friends and contributors at Holmes Weinberg PC for their insight into trademark.

How To Prepare For Bankruptcy

Choosing to file bankruptcy is never a simple choice for individuals and families. Once the decision has been made, the individual’s lawyer may guide them through the process, but it certainly helps to have some foreknowledge about the process. By looking at some aspects of bankruptcy, one can better prepare for situations that might otherwise have become unexpected consequences.

 

  1. Some Creditors May Get Around the Automatic Stay

Once you have filed for bankruptcy, the court will follow through with an automatic stay to prevent creditors from withdrawing funds from your accounts. Occasionally, a creditor can take funds from one account to pay the debt you owe on another, even after the stay has been instituted. All creditors are required to stop automatic withdrawals upon receiving notice of the bankruptcy, but there can be a delay.

 

  1. Be Wary of Bank Set Offs

This occurs when you have a car loan or credit card with the same bank with which you have checking and/or savings accounts. While a bankruptcy notice prohibits the bank from demanding additional payments from you, they may be able to draw funds from a checking/savings account that has a positive balance. Prior to filing bankruptcy, you may want to move your funds to another institution.

 

  1. Utility Companies Conduct Set Offs Too

When you signed up for utility services, the provider most likely required a security deposit from you prior to initializing service. While the utility company can no longer demand payment from you, after the notice of bankruptcy has been issued, they might apply your security deposit to what you owe. By using this kind of set off, the company might require a new (and sometimes larger) security deposit before they’ll turn on service again.

 

  1. Before You File, Stop Auto Payments

From gym memberships to personal loans, many businesses compel their customers to enroll in automatic payments. While this is purportedly done for the convenience of the consumer, it benefits the business more, especially when bankruptcy is filed. To ensure automatic payments don’t pose an unwelcome surprise after filing, act in advance and stop those payments before filing.

 

  1. Take a Realistic Look at Your Alternatives

Before filing bankruptcy, it may be beneficial to speak with creditors about a payment plan. Depending on the situation, they may be willing to work with you. If not, or if their terms are unreasonable, you can use the money you would have paid them to pay your attorney’s fee. While bankruptcy is a strong choice for many individuals, it’s important to know that the effects can be long-lasting. You may also want to consult an estate planning lawyer such as the  Scottsdale Estate Planning Attorney prior, during, or after the bankruptcy process in order to determine how this action may affect your long-term financial stability.

 

Follow Through

Many attorneys report that clients very often pay the fee, either in one payment or over the course of time, but never file through with filing. It’s up to the client to return the completed paperwork. If they don’t, the lawyer will likely keep the case active for a period of time, but can’t act on the bankruptcy until the client submits the required documents.

 

 

In the end, a bankruptcy, like any legal action, is dependent upon clear communication between client and attorney. If you have any more questions about filing, it never hurts to speak with an experienced professional about your own situation.

 

Hildebrand LawA special thanks to our authors at Hildebrand Law for their expertise in Probate and Estate Law.

What If I Don’t Agree to a Deposition?

 

Depositions can be very stressful, and there are a number of reasons why lawyers and clients alike may want to avoid them in certain circumstances. This article will give a broad overview rather than an examination of state-specific laws and policies.

 

Were you subpoenaed?

There aren’t too many options if you have been subpoenaed to a deposition. If you refuse after being ordered by the court to give a deposition, you would likely be found in contempt of court, leading to dire consequences. On top of that, you would still be forced into the deposition.

 

Tip: Make sure that your request actually came in the form of a subpoena and not just an ominous letter before taking action.

 However, even if you were subpoenaed to attend a deposition, documented by court reporting Livingston NJ can rely on, don’t give up hope yet. There are various tactics you might be able to utilize that will ultimately buy you more time to prepare or come up with a more customized strategy.

  1. If the deposition is to occur very far from you, argue that it should be held closer to you. Some states even have laws mandating that depositions be within a reasonably close geographical distance.
  2. Depending on state law, you can argue that you are not a direct party to the matter. Some states, such as Connecticut, prohibit compelling any person who was not a direct party to testify.
  3. Contact a lawyer who practices in your local area before doing anything. If the matter involves a company you work for, ensure that they pay for your lawyer.

 

If you weren’t subpoenaed…

If you were not subpoenaed, and instead were requested to attend by a certain party, then the legal stakes are much lower. Your absence in a deposition will not provide evidence against you, but it may not reflect well on you, depending on the circumstances. While it would be unwise to completely ignore the deposition request, some factors should be considered that include:

  • Which party put you on the deposition list?
  • How much knowledge do you have of the event?
  • Do you have anything to gain or lose by attending?

 

These answers will be on a person-by-person and case-by-case basis. You should use any legal resources at your disposal as well as common sense before taking any action on a simple deposition request. Chances are that there will be serious fallout from any deposition, so it’s best to stay one step ahead where possible in these matters.

In short, it’s difficult to know what will happen if you refuse to be deposed. The consequences will always differ depending on how directly involved you were with the incident leading to the deposition. It will also hinge on whether you are being legally compelled to attend a deposition.

The only certain course of action to take is to review all the documents you receive thoroughly and consult legal counsel if you need help interpreting them in order to avoid any potential legal, economic, or social fallout.

veritext legal solutionsThanks to our friends and contributors from Veritext for their insight into depositions and court reporting.