Georgia Trademark Lawyers

There are times when someone decides to go ahead and try to use a trademark that is already in existence and gets sued for trademark infringement. No one knows this better than Robert Webb of Webb & D'Orazio in Atlanta, Georgia.

Lawyers such as Robert Webb are very well-educated in the various fields of copyright and business issues and are able to advise a client facing a trademark infringement case how to proceed. One interesting thing about trademark lawyers is that although they do not have to pass specific exams to qualify to practice this type of law, they are respected members of the Georgia State Bar and are able to prosecute trademark infringements before the U.S. Patent and Trademark Office.

A good trademark infringement attorney does more that just offer advice on adopting and choosing new trademarks. They file applications to register chosen trademarks, get clients up to speed on the use and registration of the trademarks, and handle any trademark oppositions, invalidations, assignments and revocations. If a trademark has been infringed upon, the attorney steps in with expertise to deal with this issue.

Webb takes time to tell his business clients what options they have at their disposal to protect their ideas and help them make better decisions around running their businesses. This usually leads to a discussion of intellectual property and how to protect it. While it might be an expensive proposition hiring a trademark infringement lawyer, that lawyer will be worth every penny spent in protecting a client's rights.

When considering whether or not to go into business and creating a trademark, make the first call to a competent trademark infringement attorney such as Robert Webb at Webb & D'Orazio in Atlanta, Georgia. This one phone call and the advice given will save a client a great deal of grief in the long run. It might as well be done right the first time, rather than finding out later that something is amiss and illegal.
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DUI in Georgia Now Stricter

If you insist on drinking and driving in Georgia, then you'd better be prepared for the consequences, should you get caught.

The laws in Georgia pertaining to DUI have become stricter in the last year and this doesn't make it any easier to defend either. Having said that, everyone charged with a DUI is entitled to a criminal defense. This is where a good criminal defense attorney with extensive experience in DUI comes into play.

Georgia's DUI law states that it is a criminal offense to operate a vehicle if your ability to drive is compromised by drugs or alcohol. This applies to legal and illegal substances and over the counter (OTC) medications such as cold remedies – somewhat notorious for causing dizziness, drowsiness and other strange side effects like blurred vision.

The state of Georgia is able to prove DUI in two ways. The first one is usually the result of a police officer making an "official" note that you were driving your vehicle in an erratic manner. This is applicable even if you only had ONE drink. Or, you may face conviction if you have a BAC (blood alcohol content) of .08 or over, and this is the case even if you weren't driving poorly.

If you happen to be pulled over during a routine traffic stop and the officer strongly suspects you have been drinking, he's likely going to ask you to take a field sobriety test. You have two choices here; make the right one. The first choice is to comply, the second choice is to clam up and call an attorney who has experience in this area of the law. The second choice is the right choice and may save your license or avoid criminal charges. The worst that could happen if you refuse is that you get a free ride to the police station.

If you do choose to comply with the taking the sobriety tests, anything you say will be used against you later in a court of law. So make the smart choice, refuse to comply, don't say anything or explain anything and call a DUI lawyer. The only person who needs to hear your whole story is your lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Role of a Criminal Defense Attorney

Knowing what role a criminal defense attorney plays is critical when choosing a proper lawyer to assist with possible criminal charges.

A good criminal lawyer is one that, in most instances, handles a variety of different kinds of criminal cases. Some, of course, prefer to specialize. This is something a person needs to realize prior to contacting an attorney for help. For instance, if an individual is charged with the crime of murder, there is no sense in calling a criminal defense attorney that deals with white collar crime and racketeering.

The main reason people contact a criminal defense attorney is because they need someone who is eloquent, knowledgeable and intimately familiar with the criminal courts – a voice that will speak for them on their behalf, such as Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.

Choosing one who has extensive experience in defending the type of crime a person is charged with is half the battle. The other half is making sure all the details of the crime and its commission, are relayed to the lawyer, no holds barred. Webb is intimately familiar with the rhythms of criminal court.

Criminal lawyers are not there to judge their clients, they are there to provide a defense because it is the law of the land – everyone is considered to be innocent until proven guilty in a court of law. The criminal defense specialist knows how to mitigate charges, perhaps get them dismissed (depending on the nature of the crime and the charge) and/or take a case to court to argue the points involved in the case. "A court appearance may ultimately result in acquittal, sentence reduction or even dismissal," said Webb.

Understanding what the criminal defense lawyer does on behalf of a client goes a long way towards diminishing the fear factor of those involved in a criminal case. The attorney investigates the facts of the case; applies for search warrants where needed; is involved in interrogating witnesses and drafting arrest complaints; handles/defends those who have been indicted; handles bail proceedings where necessary; plea bargains; and takes cases to trial. If an appeal is a distinct possibility, the criminal defense lawyer will also handle that as well.

Never under estimate what a highly skilled criminal defense lawyer is able to do to ensure the scales of justice are balanced in the defendant's favor. Contacting a skilled criminal defense lawyer such as Robert Webb of Webb & D'Orazio in Atlanta, Georgia, will ensure a just outcome to a criminal case.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Structured Settlements in Med Mal Lawsuits

Structured settlements in medical malpractice cases make good economic sense for the future, but what happens when a cash crunch hits?

Most structured settlements from court cases are usually in the form of an annuity. However, having said that, it might be necessary for you to have some cash right now. This is something to talk to your personal injury attorney about, as many lawsuits are paying large sums from a jury award over long periods of time.

Normally, larger injury settlement plaintiffs receive their award in an upfront large amount of cash, with the rest set up to span a period of time ranging from 10 to 30 years or more. The intention is that monthly payments keep the wolf from the door. However, things don't always happen that way.

Cash crunches are not always predictable and these days with the rising costs of medical care and treatments, the usual 3 to 5% increase a year in monthly payments does not always make ends meet. While this conundrum used to pose a significant problem, the law has subsequently been amended to allow you to sell future payments for cash right now.

Some of the medical crunch emergencies may involve additional hospital or medical treatments, transportation (a new vehicle to accommodate disabilities), avoiding bankruptcy, home improvement and repair to allow for wheelchairs, walkers, etc., and any student loans that need to be eliminated. Whatever the reasons, if you need cash now, it is possible to make that happen.

Usually a finance company is interested in buying the future payments of your structured settlement for cash. If you want to sell all your future settlement payments, you may, but you may wish to hold on to some for later. A copy of your settlement needs to be sent to the finance company first to see if it is possible to buy your future payments. If it is, you must have a judge approve a court order for you to actually get your money. Ideally, the finance company will manage the court order process on your behalf.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The Passion of Criminal Defense

Criminal defense is a passion that many attorneys choose not to pursue, except those with a drive to ensure that justice is available to "all."

"Criminal defense law isn't the easiest job," said Robert Webb of Webb & D'Orazio in Marietta, Georgia. "However, we have a real passion for making sure everyone gets the best possible defense available, and we have over 60 years of combined experience to do just that," he added.

The legal system in the United States is founded on the premise that everyone is innocent until proven guilty. While many people tend to view crimes as being done deals and the person arrested for those crimes to be guilty, this couldn't be further from the actual truth. In many cases there have been defendants in the wrong place at the wrong time, those who were set up, those who were improperly charged, and those who were on the receiving end of a mistaken identify fiasco.

This is the reason why the justice system has both prosecutors and defense attorneys, to provide checks and balances; to offer "sober second thought" to a set of circumstances and to ensure that those who got tangled up with the law get a fair hearing. Criminal defense attorneys are, in fact, an essential element of the system.

It's no small task to mount a prosecution against a defendant, not to mention horrendously expensive. Long-term consequences such as prison sentences also add to the list of expenses the taxpayers incur. However, without a strong criminal defense attorney as a part of this overall picture, there would be no equity in the law.

"A criminal defense lawyer often finds him or herself operating with a lot fewer resources than are available to the state. This is why we work diligently to ensure our case is solid and then litigate it aggressively on behalf of our client," explained Webb.

When faced with criminal charges, make the first call to a highly experienced criminal defense attorney such as Robert Webb of Webb & D'Orazio in Marietta, Georgia. It may be the most important call a person could make when charged with a criminal offense.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Various Personal Injuries Define Settlements

It only makes sense that the type and severity of a personal injury would dictate the potential damage award handed down by the courts.

"While many people think a personal injury is an injury to the physical body, in reality it can mean much more than that," explained Robert Webb of Webb & D'Orazio, Marietta, Georgia. In fact, personal injury can mean psychological injuries, the kind that are not necessarily visible, but still leave lasting scars.

How a person winds up being injured will also dictate the type of defense and the case law applied to the circumstances. For instance, personal injury lawsuits may arise as a result of accidents at work, defective product mishaps, assault claims, car crashes or slip, trip and fall cases.

All of these types of cases do have one thing in common and that is the victim is entitled, by law, to compensation from the person responsible for the accident as a result of their negligence. No one knows the demands placed on victims in personal injury cases better than Robert Webb, who has over 30 years of skilled litigation to offer his clients. "We care about our clients and personally represent them from the minute they hire us," added Webb.

Not to confuse the issue any, but a personal injury case is also called a tort or in plain English a wrongdoing. Put another way, torts are a body of the law that lets an injured person get compensation from the person who caused the injury. Getting a truly clear definition of a tort is a little like herding turtles, but the bottom line is clear to those who are on the receiving end of a tort or wrongdoing.

Most torts also have their foundation in intentional misconduct, negligent misconduct or strict liability without reference to actual misconduct. These, of course, are legal terms and only a highly qualified attorney like Robert Webb of Webb & D'Orazio in Marietta, Georgia, will be able to explain what they mean to the person seeking redress for a personal injury.

"Intentional misconduct means something invasive like an assault, intentional infliction of emotional distress, or battery. Strict liability normally refers to defective products, and negligent misconduct is the term most often used for personal injury claims," said Webb.

Personal injury claims need the expert handling of a well-qualified lawyer who is able to take his client to court and obtain justice for them.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

The Growing Med Mal Problem

Each year the number of deaths attributed to medical malpractice is climbing with seemingly no end in sight. In fact, medical malpractice is the third highest cause of death in the U.S. today.

Medical malpractice is actually a much bigger problem than many people realize and even bigger than medical professionals want to admit. The latest statistics on the Internet show that roughly 225,000 people die each year as a direct result of medical malpractice. The main question really ought to be, what is anyone doing about it?

The scary thing about the statistics is that despite the rising numbers of deaths there are very few lawsuits filed. It appears that only 2% of the potential 225,000 claims for med mal actually make it as far as filing a medical malpractice lawsuit. Unfortunately, the numbers of plaintiffs who are awarded compensation is even smaller. This should not stop anyone who feels they have been a victim of med mal from stepping forward and speaking to a qualified med mal attorney.

Despite what you see on television and read in the papers, medical malpractice lawsuits should not be curtailed or reduced (as many politicians seem to want). More patients need to launch lawsuits to shine some light on the problem so it has the opportunity to be addressed, not hidden from the public.

If you don't think the numbers are really all that significant, consider these figures. An estimated 12,000 die due to unnecessary surgery; medication errors are responsible for roughly 7,000 deaths; and other medical errors account for approximately 20,000 deaths. This is just the tip of the iceberg. The numbers also account for close to 80,000 people nationwide who die from something called nosocomial infections they contracted in the hospital. Pretty staggering numbers aren't they?

Med mal can happen anywhere there are medical procedures performed and may involve a physician, nurse, nurse practitioner or lab technicians. While many people think medical malpractice is something enormous going wrong, it often begins with the smaller things like a wrong diagnosis, inaccurately read x-rays, misinterpreted tests, and the list goes on. Other larger, more horrendous errors, would involve such things as removing the wrong body part from the wrong patient.

If you suspect you have been the victim of medical malpractice, make it a point to call experienced legal counsel and discuss your potential case. They have the right kind of expertise needed to immediately evaluate the situation and advise you on how to proceed. Most initial consultations are free and this provides you with the opportunity to ask questions and get an initial understanding of medical malpractice law.

If you have a valid case, your attorney will take you through the steps for filing a med mal lawsuit against the proper parties – meaning a physician and/or their staff, hospital, facility or lab. Before a lawsuit is filed there is an attempt to come to some sort of an agreement with the defendant first. When all else fails, you will be bound for court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Wrongful Death Suit Damages

Wrongful death lawsuit damages may address the economic loss of a loved one, but not the pain of that person's unexpected and sudden death.

By legal definition, a wrongful death is "A death caused by the wrongful act or negligence of another and that serves as the basis for a civil action for damages on behalf of the deceased's heirs." While many people assume a wrongful death suit is a criminal case, it is not. However having said that, a wrongful death case may follow a criminal case, and the best-known example of that is the OJ Simpson affair.

In instances of wrongful death, those left behind are called dependents or beneficiaries and because of this death, they are entitled to damages (meaning money) due to the negligent actions of the defendant. This is not a normal negligence lawsuit either.

To explain the differences between a wrongful death civil case and a normal negligence lawsuit one has to know a bit of history first. Under the common law, a wrongful death claim didn't exist. The reason being it was believed that the claim died with the victim, so how could s/he be compensated for damages? This meant survivors couldn't ask for damages from the person who caused the death.

Eventually realizing this was a rather backwards and exclusionary approach to justice, the states remedied that glaring error by passing what is called "wrongful death statutes." These statutes specifically provide compensation for those who have experienced the loss of a loved one. Not all states have the same statutes and you would need to talk to an expert attorney to find out what the rules for filing are in your particular state.

While most of the state wrongful death statutes are considered to be unique, they do follow the same general principles. This means that there are four common elements in all states for a wrongful death claim. The first element is that the death was caused partly or wholly, by the conduct of the defendant.

The second is that the defendant was negligent or in the alternative, strictly liable for the victim's demise. Element three is that there is a surviving spouse, children, dependents or beneficiaries. The final element is that monetary damages have resulted from the victim's death. If a case meets these elements, then it must also meet the statute of limitations for filing, and in most states the claim must be filed within a year of the death.

The courts have a great deal of discretion in what type of damages they may award. For instance they may award for emotional pain and suffering, for the loss of future earnings, funeral expenses, medical costs and loss of benefits (e.g. health, life etc.). In some instances the court may also award punitive damages based on the facts of the case.

If your have lost a loved one and want to find out about filing a wrongful death lawsuit, contact an attorney who is highly experienced in this area of the law. These cases are not easy and having a competent lawyer guide you and your family through the process will make things that much easier in the long run.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.