Palm Springs, Newport Beach and Malibu California Publicity and Privacy Rights Lawyer on the Right to Control the Use of Your Image and Likeness
April 23, 2008 by
Filed under Intellectual Property |
R. Sebastian Gibson asked:
Whether you are a star in the California entertainment industry in Hollywood, Malibu, Los Angeles, Venice or Santa Monica, or are a sports figure and live in San Diego, the Newport Coast, Crystal Cove or Laguna Beach in Orange County, or Palm Springs, Anaheim, or Temecula or for any other reason you have become famous even for fifteen minutes of fame and live in Newport Beach, Huntington Beach, San Clemente, Beverly Hills or Indian Wells, CA, you may have need of a publicity rights and privacy rights attorney when others try to make money using your image.
As any celebrity or personality knows, the right of publicity in California is the right of anyone to control the commercial use of their identity. It is your personal right. Others may attempt to misappropriate it for commercial gain and if they do, you can seek damages. If you are dead and your image is misappropriated, your estate can seek damages.
All that needs to be proven are the use of your identity, that is, the use of your name or likeness, the defendant’s advantage in using it, your lack of consent and injury. (Note, this is different from identity theft where a person uses your identity in a criminal manner to obtain credit in your name or empty your bank accounts and the like).
The basis for this right of publicity is the idea that every person should have the right to control how their identity or likeness or personality, or voice, name or image is commercialized by others.
Because the right is a property right, the right may be passed on to one’s heirs after death. The Celebrities Rights Act passed in California in 1985 extended the personality rights for a celebrity to 70 years after their death.
Note, however, that in 2007, a New York judge who ruled that Marilyn Monroe was a resident of New York and not California, also ruled that Marilyn Monroe’s rights of publicity ended upon her death.
The right of privacy is often pitted against competing First Amendment claims or claims of copyright. Each case is different and it is often necessary for an attorney to weigh these competing rights based on case law just and to attempt to predict how a judge would rule in that jurisdiction.
Examples of competing rights occur when a person’s image is contained in the copyrighted work of another. The results can differ depending on the type of copyrighted work, and a determination must be made as to whether the individual’s right has been preempted.
In First Amendment cases, the courts in California have favored First Amendment Claims over Publicity Rights Claims where the court has been able to find transformative elements, that is where the defendant is not merely trading on the value of the identity or image.
Publicity rights are often used interchangeably as privacy rights. However privacy rights often involve torts such as defamation or violations of state statutes involving the unauthorized use of data.
If someone tries to make use of your image or likeness for their gain without your consent, speak with a publicity and privacy rights lawyer immediately.
If you have a publicity or privacy rights law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Privacy Rights Lawyer and your Palm Desert and Malibu Publicity Rights Attorney. Be sure to hire a California law firm with publicity and privacy rights law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a publicity or privacy rights law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
Whether you are a star in the California entertainment industry in Hollywood, Malibu, Los Angeles, Venice or Santa Monica, or are a sports figure and live in San Diego, the Newport Coast, Crystal Cove or Laguna Beach in Orange County, or Palm Springs, Anaheim, or Temecula or for any other reason you have become famous even for fifteen minutes of fame and live in Newport Beach, Huntington Beach, San Clemente, Beverly Hills or Indian Wells, CA, you may have need of a publicity rights and privacy rights attorney when others try to make money using your image.
As any celebrity or personality knows, the right of publicity in California is the right of anyone to control the commercial use of their identity. It is your personal right. Others may attempt to misappropriate it for commercial gain and if they do, you can seek damages. If you are dead and your image is misappropriated, your estate can seek damages.
All that needs to be proven are the use of your identity, that is, the use of your name or likeness, the defendant’s advantage in using it, your lack of consent and injury. (Note, this is different from identity theft where a person uses your identity in a criminal manner to obtain credit in your name or empty your bank accounts and the like).
The basis for this right of publicity is the idea that every person should have the right to control how their identity or likeness or personality, or voice, name or image is commercialized by others.
Because the right is a property right, the right may be passed on to one’s heirs after death. The Celebrities Rights Act passed in California in 1985 extended the personality rights for a celebrity to 70 years after their death.
Note, however, that in 2007, a New York judge who ruled that Marilyn Monroe was a resident of New York and not California, also ruled that Marilyn Monroe’s rights of publicity ended upon her death.
The right of privacy is often pitted against competing First Amendment claims or claims of copyright. Each case is different and it is often necessary for an attorney to weigh these competing rights based on case law just and to attempt to predict how a judge would rule in that jurisdiction.
Examples of competing rights occur when a person’s image is contained in the copyrighted work of another. The results can differ depending on the type of copyrighted work, and a determination must be made as to whether the individual’s right has been preempted.
In First Amendment cases, the courts in California have favored First Amendment Claims over Publicity Rights Claims where the court has been able to find transformative elements, that is where the defendant is not merely trading on the value of the identity or image.
Publicity rights are often used interchangeably as privacy rights. However privacy rights often involve torts such as defamation or violations of state statutes involving the unauthorized use of data.
If someone tries to make use of your image or likeness for their gain without your consent, speak with a publicity and privacy rights lawyer immediately.
If you have a publicity or privacy rights law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Privacy Rights Lawyer and your Palm Desert and Malibu Publicity Rights Attorney. Be sure to hire a California law firm with publicity and privacy rights law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Beverly Hills, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented and get the compensation you deserve.
If you have a publicity or privacy rights law issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn how we can assist you.
Hawaii Homes
Newport Beach Car Accident Lawyer’s Top Ten Things People Wish They Had Seen in Their Auto Accident Police Report
April 16, 2008 by
Filed under Personal Injury |
R. Sebastian Gibson asked:
1. The other driver unequivocally admitting fault.
2. The police arresting the other driver.
3. The other driver being breathalyzed.
4. The other driver being handcuffed.
5. The other driver being cited.
6. The other driver owning a new Lamborghini.
7. The other driver being a CEO.
8. The other driver not driving the truck that totaled their car.
9. The other driver offering to pay their lost wages and inconvenience.
10. The paramedics telling them that they were okay.
Here are ten actual tips of advice from a car accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Newport Beach, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if its only been a few hours since you were hurt, heres what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, its just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didnt know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other drivers information including their names, addresses, drivers license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you arent too injured, take some photos of the vehicles and the scene. If you cant do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Dont decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, dont get treatment you dont need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good car accident attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good car accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an lawyer, think again. A good car accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most car accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other drivers insurance company, its good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Dont agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, dont pay a traffic ticket without a fight if you werent at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If youve had a car accident in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Car Accident Lawyer and your Irvine Car Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if youve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
Hawaii Homes
1. The other driver unequivocally admitting fault.
2. The police arresting the other driver.
3. The other driver being breathalyzed.
4. The other driver being handcuffed.
5. The other driver being cited.
6. The other driver owning a new Lamborghini.
7. The other driver being a CEO.
8. The other driver not driving the truck that totaled their car.
9. The other driver offering to pay their lost wages and inconvenience.
10. The paramedics telling them that they were okay.
Here are ten actual tips of advice from a car accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a personal injury in Newport Beach, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, it may have been a few hours since the accident. However, if you ever have another accident, or if its only been a few hours since you were hurt, heres what you should do from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, its just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didnt know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other drivers information including their names, addresses, drivers license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you arent too injured, take some photos of the vehicles and the scene. If you cant do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Dont decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, dont get treatment you dont need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good car accident attorney as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good car accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an lawyer, think again. A good car accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most car accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other drivers insurance company, its good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Dont agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, dont pay a traffic ticket without a fight if you werent at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If youve had a car accident in Orange County, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, costa Mesa, Westminster, Buena Park, Mission Viejo, Garden Grove, Laguna Niguel, San Clemente, Chino Hills, or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Car Accident Lawyer and your Irvine Car Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if youve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
Hawaii Homes
Newport Coast Pedestrian Accident Lawyer’s Top Ten Excuses for not Being Seen by a Doctor After a Pedestrian Accident
April 9, 2008 by
Filed under Personal Injury |
R. Sebastian Gibson asked:
1. You should see the dent I made in that guys truck. Shows how tough I am.
2. I dont want to make a big deal of it.
3. I dont want to have to make a claim with an insurance company.
4. Its too much trouble.
5. I dont like needles.
6. Im afraid of what else he might find wrong with me.
7. Ill read up on the internet about my injuries.
8. I can always call Uncle Rob in Seattle.
9. I havent passed out yet from the pain.
10. Its not like having your teeth pulled out, though I am feeling numb.
Here are ten useful tips of advice from a pedestrian accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a pedestrian accident in Newport Coast, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, its probably been at least a few days since the accident. However, if its only been a few hours or if you ever have another accident, heres what you should do the next time from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, its just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didnt know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other drivers information including their names, addresses, drivers license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you arent too injured, take some photos of the vehicles and the scene. If you cant do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Dont decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, dont get treatment you dont need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good pedestrian accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good pedestrian accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good pedestrian accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most pedestrian accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other drivers insurance company, its good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Dont agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, dont pay a traffic ticket without a fight if you werent at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If youve had a pedestrian accident in Newport Coast, Orange County, Yorba Linda, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your Newport Coast Pedestrian Accident Lawyer and your Newport Beach Pedestrian Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if youve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
Hawaii Homes
1. You should see the dent I made in that guys truck. Shows how tough I am.
2. I dont want to make a big deal of it.
3. I dont want to have to make a claim with an insurance company.
4. Its too much trouble.
5. I dont like needles.
6. Im afraid of what else he might find wrong with me.
7. Ill read up on the internet about my injuries.
8. I can always call Uncle Rob in Seattle.
9. I havent passed out yet from the pain.
10. Its not like having your teeth pulled out, though I am feeling numb.
Here are ten useful tips of advice from a pedestrian accident lawyer to follow if you have been in an accident. You can also learn more about how to handle a pedestrian accident in Newport Coast, or any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com and learning how we can assist you.
Obviously, if you have had an accident, and you are reading all of this advice, its probably been at least a few days since the accident. However, if its only been a few hours or if you ever have another accident, heres what you should do the next time from the start.
First, take a look around and determine if you or anyone, are hurt. If so, taking steps like trying to prevent further injury or loss of blood are the most important thing you can do. Even if some other driver caused you to be injured, its just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do is get angry or start a fight.
Second, make sure everyone is safe from being injured further. If you are in the middle of traffic, and you are dizzy, sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police an other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.
Third, call the police. Accident reports are extremely helpful if the police will do such a report. Let the police know you are injured immediately. Answer the police questions honestly. But if you are dazed or confused, let them know you need medical treatment and answer only what you feel sure about. Remember, your statements can and will be used against you if you admit fault, and it will be too late and too fishy to later say you didnt know what you were saying at the scene. Police know that your best recollection is immediately after an accident.
Fourth, get the other drivers information including their names, addresses, drivers license numbers, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names, addresses and telephone numbers as well. If the other driver makes any admissions of fault, write those down as well.
Fifth, if you have a camera on your cell phone or in the car and you arent too injured, take some photos of the vehicles and the scene. If you cant do it right away, do it after you are released from the hospital.
Sixth, if you are hurt, obtain medical treatment. Dont decline the ambulance or hospital examination to save your insurance company money or to be stoic. Take your valuables out of your car if you can and get checked out at the hospital. If you are not hurt, dont get treatment you dont need. However, remember, after an accident, you may feel a rush of adrenaline that causes you to only start feeling symptoms of pain a few hours later. If you have a health plan that requires you to obtain permission first, call them and find out where you are allowed to seek treatment.
Seventh, call a good pedestrian accident lawyer as soon as you have had your initial treatment, so the attorney can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good pedestrian accident lawyer can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again. A good pedestrian accident lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most pedestrian accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.
Eight, you will need to report the accident to your insurance company, but since they will want to take a recorded statement from you, just like any other drivers insurance company, its good advice to retain an attorney first. And if the other driver did not have insurance, remember that it is your own insurance company that will be your adversary. You will also need to report the accident to the Department of Motor Vehicles and your lawyer can give you the form for this.
Ninth, do not agree to settle your claim privately with the person at fault for the accident. This almost never works out to your advantage. Dont agree not to call the police. Police reports that determine the fault for an accident are golden. Your agreement to not involve the police only affords an opportunity for the other driver to change his story and blame you when the police will no longer investigate the accident.
Tenth, dont pay a traffic ticket without a fight if you werent at fault or agree to accept a small payment for your vehicle repairs without knowing that the amount will in fact cover the cost of all the repairs.
If youve had a pedestrian accident in Newport Coast, Orange County, Yorba Linda, Tustin, Lake Forest, Fountain Valley, Rancho Santa Margarita, Newport Beach, Anaheim, Irvine, Huntington Beach, Corona del Mar, Laguna Beach, Santa Ana, Orange, Fullerton, Costa Mesa, or anywhere in Southern California, we have the knowledge and resources to be your Newport Coast Pedestrian Accident Lawyer and your Newport Beach Pedestrian Accident Attorney. Be sure to hire a California law firm with auto, motorcycle, truck, bicycle, pedestrian, car, bus, train, boat and airplane accident experience, wrongful death experience and insurance law expertise who can ensure you are properly represented and get the compensation you deserve.
If you have a personal injury legal matter, a dog bite or if youve lost a loved one in a wrongful death accident, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how we can assist you.
Hawaii Homes
Indian Wells, Newport Beach & Buena Park California Business Attorney Advice of How to Making Money in This Tough Economy - Patents
April 3, 2008 by
Filed under Patents |
R. Sebastian Gibson asked:
The question being asked by people in these difficult economic times for small business owners is how can a person make money in this tough economy? New businesses are much riskier to try, and new business loans have all but evaporated. But there is no more lucrative an area, even in the current conditions, than for an inventor or designer who can create a new invention or process and who can afford to have it patented.
Whether you live in Newport Beach, San Diego, Orange County, Palm Springs, Palm Desert, Long Beach, Santa Ana, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Corona, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Santa Barbara, Hesperia, Newport Beach, Buena Park, Indio, Coachella or Chino Hills, conditions are much the same throughout California. Business is slow and much of what little real estate is selling are the foreclosed homes.
As a Business Lawyer in Southern California, people are always asking me for the next great area of business in which they can make money and what legal restrictions there might be in the future. When asked these questions the one place I don’t turn to is those newsletters that tell you how much money you would have made if you had followed their advice and invested in certain stocks or gone into the cell phone business.
For the most part, however, you can almost certainly bet that their advice is wrong, so you can likely assume that the opposite of their advice would offer a better chance of success.
Many newsletters are still focused on getting into businesses that rely on the consumer having discretionary cash to purchase unnecessary items. That’s probably not just bad advice, it’s lousy advice. Television commercials telling you that you can make tens of thousands a month working from home are a way to take your money for seminars, books and other materials that most likely in the end will cost you more than you’ll ever make, once you add in your start up costs.
On the other hand, one or two of the ideas being touted may be the fad of the future, no matter how little money people have to spend. For instance, if people will buy expensive clothes for their dogs, does that mean that they’ll buy little prom dresses for their infants? My advice is still to stay away from anything that relies on the consumer having any extra money to buy unnecessary items. Besides, if high heeled shoes cause injuries to those infants, you can see the lawsuits coming already.
What’s the next item we can’t do without or that we like just fine now, but would pay an extra $50 to have a designer version of that item? That depends as much on good marketing and a good business plan as the good idea. If you have that and the resources to start production, create a website, hire a search engine optimizer to help your website get noticed on search engines and then know how to create publicity for your product, you are halfway home.
But all of that costs money, lots of money, or lots and lots of time. If the design is unique, it may make much more sense to apply for a design patent and then to license or sell your patent outright to another manufacturer. Let someone else take the risk and pay you a percentage of whatever is sold.
One item that makes business run is credit. But all you hear in the news is how hard it is now to get credit for a house, for a business, for anything. You can therefore almost certainly count on new businesses popping up that offer their services in finding you credit. While this area of business is already regulated, as more and more scammers get into this business, you can be certain that more regulation will follow.
The difficulty with this type of business is that you may find it difficult not to be brushed with the same paint brush as the unscrupulous businesses who will guarantee to find a person credit for a fee and then either take the money and run or simply offer excuses why it was impossible for them to find their customer the credit they promised.
An area where there appears to be an opportunity in these times is helping others and in doing so, you may help yourself. Consumers need real help to survive this economic mess. Web sites that actually provide a service such as locating cheap gas, coupons for groceries, clothing sales or other basic necessities may be the one area in which there could be demand by the consumer. This type of service will require a lot of free advice, however, time and people to gather this information and it still could be difficult to recoup your investment.
Perhaps the best way that still exists to make a lot of money is if you can develop an idea for an invention. Utility patents are very expensive to obtain using a lawyer. Most charge from $7,500 on up depending upon the complexity. However, you can obtain a provisional patent or a design patent for substantially less and as soon as the application has been accepted (as opposed to when the patent is granted, which takes much longer) you can begin to market your invention to other companies and either license your patent pending invention to them or sell it outright.
So start thinking about what hasn’t yet been invented, or improved upon in an important way, and if you need assistance with obtaining a patent, trademark or copyright, call us or visit us at our website where you can access much more information about intellectual property.
If you want to obtain a patent or have a business matter in Orange County, San Diego, in the Inland Empire, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Business Lawyers, and San Diego Patent Attorneys. For this reason, be sure to hire a California law firm with business and patent lawyers who are ready to serve you in areas such as Irvine, La Jolla and Palm Desert so you are properly represented.
If you have a business law matter or have questions about how to apply for a patent, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn about your rights and options.. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes
The question being asked by people in these difficult economic times for small business owners is how can a person make money in this tough economy? New businesses are much riskier to try, and new business loans have all but evaporated. But there is no more lucrative an area, even in the current conditions, than for an inventor or designer who can create a new invention or process and who can afford to have it patented.
Whether you live in Newport Beach, San Diego, Orange County, Palm Springs, Palm Desert, Long Beach, Santa Ana, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Corona, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Santa Barbara, Hesperia, Newport Beach, Buena Park, Indio, Coachella or Chino Hills, conditions are much the same throughout California. Business is slow and much of what little real estate is selling are the foreclosed homes.
As a Business Lawyer in Southern California, people are always asking me for the next great area of business in which they can make money and what legal restrictions there might be in the future. When asked these questions the one place I don’t turn to is those newsletters that tell you how much money you would have made if you had followed their advice and invested in certain stocks or gone into the cell phone business.
For the most part, however, you can almost certainly bet that their advice is wrong, so you can likely assume that the opposite of their advice would offer a better chance of success.
Many newsletters are still focused on getting into businesses that rely on the consumer having discretionary cash to purchase unnecessary items. That’s probably not just bad advice, it’s lousy advice. Television commercials telling you that you can make tens of thousands a month working from home are a way to take your money for seminars, books and other materials that most likely in the end will cost you more than you’ll ever make, once you add in your start up costs.
On the other hand, one or two of the ideas being touted may be the fad of the future, no matter how little money people have to spend. For instance, if people will buy expensive clothes for their dogs, does that mean that they’ll buy little prom dresses for their infants? My advice is still to stay away from anything that relies on the consumer having any extra money to buy unnecessary items. Besides, if high heeled shoes cause injuries to those infants, you can see the lawsuits coming already.
What’s the next item we can’t do without or that we like just fine now, but would pay an extra $50 to have a designer version of that item? That depends as much on good marketing and a good business plan as the good idea. If you have that and the resources to start production, create a website, hire a search engine optimizer to help your website get noticed on search engines and then know how to create publicity for your product, you are halfway home.
But all of that costs money, lots of money, or lots and lots of time. If the design is unique, it may make much more sense to apply for a design patent and then to license or sell your patent outright to another manufacturer. Let someone else take the risk and pay you a percentage of whatever is sold.
One item that makes business run is credit. But all you hear in the news is how hard it is now to get credit for a house, for a business, for anything. You can therefore almost certainly count on new businesses popping up that offer their services in finding you credit. While this area of business is already regulated, as more and more scammers get into this business, you can be certain that more regulation will follow.
The difficulty with this type of business is that you may find it difficult not to be brushed with the same paint brush as the unscrupulous businesses who will guarantee to find a person credit for a fee and then either take the money and run or simply offer excuses why it was impossible for them to find their customer the credit they promised.
An area where there appears to be an opportunity in these times is helping others and in doing so, you may help yourself. Consumers need real help to survive this economic mess. Web sites that actually provide a service such as locating cheap gas, coupons for groceries, clothing sales or other basic necessities may be the one area in which there could be demand by the consumer. This type of service will require a lot of free advice, however, time and people to gather this information and it still could be difficult to recoup your investment.
Perhaps the best way that still exists to make a lot of money is if you can develop an idea for an invention. Utility patents are very expensive to obtain using a lawyer. Most charge from $7,500 on up depending upon the complexity. However, you can obtain a provisional patent or a design patent for substantially less and as soon as the application has been accepted (as opposed to when the patent is granted, which takes much longer) you can begin to market your invention to other companies and either license your patent pending invention to them or sell it outright.
So start thinking about what hasn’t yet been invented, or improved upon in an important way, and if you need assistance with obtaining a patent, trademark or copyright, call us or visit us at our website where you can access much more information about intellectual property.
If you want to obtain a patent or have a business matter in Orange County, San Diego, in the Inland Empire, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Newport Beach Business Lawyers, and San Diego Patent Attorneys. For this reason, be sure to hire a California law firm with business and patent lawyers who are ready to serve you in areas such as Irvine, La Jolla and Palm Desert so you are properly represented.
If you have a business law matter or have questions about how to apply for a patent, call the Law Offices of R. Sebastian Gibson, or visit our website athttp://www.sebastiangibsonlaw.com and learn about your rights and options.. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.
Hawaii Homes