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damages
We are living in a world of rules and regulations. Wherever we go, whatever we do, we need to be accountable for our actions. We are required to conform to different guidelines set before us. Since we are in a law laden world, knowing when to defend our rights is really a must.
In defending us, lawyers definitely can do the work. An attorney, counselor, or solicitor is a licensed professional who advises and represents others with regards to legal matters.
Not all legal matters require hiring an attorney, e.g. you are caught violating traffic rules like speeding. Laws are vast and complicated and knowing when to get and not to get a lawyer will help you save effort, time, and resources.
What are the specific cases when you really need a lawyer?
Crime Involvement
When you are involved in a criminal offense, you should seek a lawyer to represent you. This area of law deals with offenses that interrupt the regulations of a locale, federal governments, or a state. In this kind of law, there are misdemeanors or just small offenses and felonies or belonging to more serious crimes. Get a lawyer as soon as possible to protect your rights or to defend you whether you are guilty or not. Prevention is better than cure, so get one before you land in jail.
Lawsuits
Being a lay man, it will be a struggle to beat deadlines and codes of behavior especially for filling and filing legal documents. You certainly need an assistance of a lawyer for this one. In suing and being sued, the penalties of a damage may result in the loss of a big deal of money or property. To avoid this, you need to get an experienced counselor.
Injuries and Damages
Whether you are the one who is injured or the one who injured, get a seasoned attorney. You are not aware of the laws of compensation rates for damages, so getting someone who knows will give you a breather. This way, you will be sure that every money that comes out of your pocket for paying the actual damages is a reasonable one.
Divorce, Wills, and Rights
Complicated cases of divorce, wills, and rights where issues of savings, support, property, and investments are quite a feat. Hiring an able attorney to untangle the mess is a must. You need all the help you can get in terms of legal matters since these kinds of cases are going to be emotionally taxing.
Declaring Bankruptcy
You cannot file for bankruptcy without a lawyer so you really need one. Never try to navigate all of the legal requirements alone. Get a competitive lawyer. Having an attorney by your side will help you in making important decisions about your business and what you will do if you have to close it down.
Takeaway
Spare yourself from all the problems that could come your way by tapping a lawyer. There are a lot of Corpus Christi lawyers out there who are ready to extend legal assistance. A good legal representation may come with a price but neglect it when you need one may be a more costly act. Armed with these, you now know when to get or not to get a lawyer.
Salvează
You may not like the treatment you have received from your doctor or your hospital. But, that does not necessarily mean you have been the victim of medical negligence. Your care team may have done everything that they could and still not managed a favourable outcome. So, just how do you decide whether you or your loved one has suffered from medical or clinical negligence? Well, there are four main stages or elements used for determining whether medical negligence has taken place…
A duty of care
First, you must show that the individual or organisation you believe caused you to suffer unnecessarily had a duty of care to you. While in other cases of negligence, this could be hard to prove, in medical negligence, when you are talking about doctors, nurses, dentists, opticians or other healthcare professionals, it’s usually a simple step. As soon as a clinician or medical professional has accepted a responsibility to provide care or treatment to a patient, then they owe a legally enforceable duty of care to them.
Elements for determining medical negligence
Breach of duty
Once you’ve proved that duty of care existed, then the next step is to show there has been a breach of that duty. It comes down to whether the standard of medical treatment you received was not up to scratch. A clinician may have failed to do something. Perhaps, for example, they have failed to diagnose a condition which they should reasonably have been expected to spot. Or they could have done something they shouldn’t have. In extreme cases, surgeons have operated on the wrong side of the body or anaesthetists have made mistakes leading to patients waking up mid-operation. Of course, not everything goes perfectly and mistakes do happen. That doesn’t mean medical negligence has occurred in all cases.
Causation
This stage involves showing that the injury or condition you’re suffering from has been caused as a direct result of the negligent treatment you have received. Any pain or suffering that could have been expected as a result of treatment won’t be taken into account. In medical negligence, you are essentially claiming for any pain or suffering which is additional or which should not have happened at all. This part of any action is often referred to as the “but for” principle. For example, but for the surgical swab left inside her body, she wouldn’t have needed extra surgery or but for the lack of a diagnosis, her condition could have been successfully treated.
Damages
Once the initial stages have been proved, then it is up to you to show that you have suffered a loss or damage as a result of the negligence you have suffered. This isn’t limited to financial damage. You may have suffered from emotional damage as a result of losing a loved one due to medical negligence or of suffering a serious injury yourself. You may also have suffered a financial loss. Perhaps, for example, you’ve been unable to work for a period of time because of the negligent treatment which took place. Or maybe you’ve had to give up work to care for a family member who has suffered as a result of medical negligence.
When we’re ill or injured, it’s natural to put our faith in the hands of medical professionals. Usually, that faith is more than justified. But, when it’s not, it’s important to think about whether the care you’ve received could have been negligent under these four stages, to make sure you get any compensation you’re entitled to.
A US court has ruled that Samsung should pay Apple $1.05 billion in damages in an intellectual property lawsuit.
It said several of Samsung’s devices had infringed iPhone-maker Apple’s software and design patents.
The jury rejected Samsung’s claims that several of its patents had been breached and awarded it no damages.
Apple may seek an import ban of some of its rival’s products, blocking them from the US market. Samsung has said it will appeal against the ruling.
“We will move immediately to file post-verdict motions to overturn this decision in this court and if we are not successful, we will appeal this decision to the Court of Appeals,” a statement from Samsung said.
A US court has ruled that Samsung should pay Apple $1.05 billion in damages in an intellectual property lawsuit
Apple and Samsung account for more than half of global smartphone and tablet computer sales.
The nine-person jury at the federal court in San Jose, California had to consider 700 questions about each side’s claim that its rival had infringed its intellectual property.
It deliberated for less than three days before coming to its unanimous decisions.
It rejected the South Korean firm’s claim that Apple’s intellectual properties were invalid. It added that Samsung was “wilful in its infringement” in many of the cases.
Not all of Apple’s claims were upheld – it had claimed a total of $2.5bn (£1.6bn) in damages. Samsung had sought $519m.
Apple said it applauded the court “for finding Samsung’s behaviour wilful and for sending a loud and clear message that stealing isn’t right.”
Samsung described the verdict as “a loss for the American consumer”.
“It will lead to fewer choices, less innovation, and potentially higher prices,” it added.
The jury ruled that some of Samsung’s handsets, including its Galaxy S 4G model, had infringed Apple’s design patents for the look of its iPhone including the system it uses to display text and icons.
However, it dismissed the allegation that the South Korean firm’s tablets had infringed the rectangular design used for Apple’s iPad.
It also found that all the disputed Samsung devices had copied the bounce-back response in the iOS system’s user interface, without paying a licence. This makes lists jump back as if yanked by a rubber band when pulled beyond their limit.
Another infringement involved use of Apple’s tap-to-zoom feature.
Samsung failed to convince the jury Apple owed it money for using technologies it claims to own including listening to music on a device in the background while carrying out another task; and integrating a phone, digital camera and email facility into a single device.
Michael Gartenburg, research director at Gartner, said the verdict could have major ramifications for the wider smart device sector.
“Apple patents being upheld will force the rest of the industry to both innovation and differentiation,” he said.
“That will be a good thing for consumers in the long run. Anyone who was even thinking about borrowing a technology or design from Apple will think twice about it now.
“Apple’s point was that it was possible to create an experience that doesn’t look like its designs and only Nokia and RIM Blackberry are really doing that right now.”
There has been a spate of lawsuits involving mobile-device makers, but this case had been viewed as one of the most significant to date.
This is because of the size of the damages involved, the likelihood it will influence the way future patent licenses are handled, and the insights it has given into both Apple and Samsung’s working practices.
Pictures of prototype iPhones and iPads that had never been seen before were released, and one of Samsung’s designers explained how she had created some of its app icon designs.
The offending Samsung models at the centre of the case have since been superseded by updates, reflecting the fast turnaround in product releases.
But Apple said it still intended to seek sales injunctions at a follow-up hearing on 20 September.
It may also seek to use this ruling to block other devices powered by Google’s Android software that it believes replicate elements of its user-interface, including current models by Samsung as well as other firms.
While Apple has scored a victory over Samsung, it remains one of the South Korean company’s biggest customers buying computer chips and, reportedly, screens from it to build the iOS mobile devices.
Blackberry maker Research in Motion (RIM) has been ordered to pay $147 million in damages after losing a patents case.
A jury in San Francisco upheld claims by Mformation Technologies Inc that RIM infringed patents it took out in 1999.
The software involved allows companies to access employees’ mobile phones remotely for upgrades, password changes or to delete data.
The fine was calculated by the judge as $8 per Blackberry device in use since the claims were first filed in 2008.
“We believe [the patents have] been fundamental to the success of Research in Motion,” said Amar Thakur, a lawyer for the winning side.
The damages only relate to royalties on past sales in the US, and does not cover future sales or sales outside the US.
A jury in San Francisco upheld claims by Mformation Technologies Inc that RIM infringed patents it took out in 1999
“Mformation created the mobile device management category in the late 1990s and was innovating in this area well before most of the market understood the fundamental importance of wireless mobility management,” said the firm’s founder Rakesh Kushwaha in a press release.
The case adds to RIM’s problems. Since the introduction of Apple’s iPhone in 2007, sales in the Canadian firm’s core Western market have been steadily declining.
The company is cutting 5,000 jobs – almost a third of its workforce.
RIM said in a press release that it was: “disappointed by the outcome and is evaluating all legal options.
“Additionally, the trial judge has yet to decide certain legal issues that might impact the verdict. RIM will await those rulings before deciding whether to pursue an appeal.”
Giant tech company Apple has been ordered to pay damages to rival Samsung Electronics by a court in the Netherlands.
The court said that Apple had infringed a patent held by Samsung relating to the way phones and tablet PCs connect to the internet.
Apple, which recently became the world’s most valuable firm, has been facing various legal issues.
In a separate case, it was fined $2.3 million in Australia for its claims on 4G capabilities of the iPad.
And it is still not clear how much it may have to pay to Samsung in damages.
The Dutch court did not specify any amount, but the damages will be calculated based on sales of Apple’s iPhone and iPad in the Netherlands.
“Samsung welcomes the court’s ruling, which reaffirmed Apple’s free-riding of our technological innovation,” the South Korean manufacturer said.
“In accordance with the ruling, we will seek adequate compensation for the damages Apple and its products have caused.”
Apple has been ordered to pay damages to rival Samsung Electronics by a court in the Netherlands
Samsung had claimed that Apple had infringed four of its patents. However, the Dutch court said that only one of those had been breached.
Apple and Samsung are two of the biggest manufacturers of smartphones and tablet PCs in the world.
However, the two firms have been involved in dozens of patent cases and disputes relating to designs of their respective products.
Analysts said that with so many cases being fought by the two firms in different countries, neither of the parties may emerge as the overall winner.
Last month, a judge in the US ordered the chief executives of both the firms to meet to try to settle their legal differences.
But the talks did not lead to any agreement and Apple has since sought a ban on sales of one of Samsung’s tablet computers and the latest range of its Galaxy smartphones.
Apple had enjoyed an early lead in the smartphone and tablet PC market with the launch of its iPhone and iPad devices.
However, Samsung has been steadily increasing its market share in the sector with the introduction of new gadgets.
Analysts said that given the increased competition, the two firms had been using the legal battles as a way to stop each other from increasing their market shares.
“Given that they are number one and two in the market right now, they are going to use any possible tool to slow down each other and patents could be one of those tools,” said Melissa Chau of IDC Asia Pacific.
However, she said that given the amount of time, money and energy that the two firms have spent on fighting these cases, they were likely to find a solution in the long run.
“In the past, when we look at how these things have evolved, they get settled in due course of time and businesses move on.”
There was more bad news for Apple.
A court in Australia has ruled that the firm had misled consumers with its claims over the capability of the latest version of the iPad to connect to Australia’s fourth generation (4G) cellular networks.
The court said that Apple had broken the country’s consumer laws by implying that the newest version of the iPad could connect with the networks, when it could not.
“The conduct concerned was deliberate and very serious,” Justice Mordy Bromberg was quoted as saying by the AFP news agency.
“It exposed a significant proportion of Australian consumers of tablet devices to a misleading representation.”
In addition to the $2.3 million fine, Apple was also asked to pay 300,000 Australia dollars ($305,000) in court costs.
