You can opt to deal with an auto accident case on your own, but it is not recommended. There are certain things that a professional Oklahoma City accident lawyer can do to make sure that you get exactly what you deserve from the damages that the accident has caused. Negotiating a settlement with an insurance company can be fairly straightforward, but there are many unique advantages to calling in a car accident lawyer-even when yours is an open-and-shut case. Here are reasons why you should consider contacting an Oklahoma City auto accident attorney to help you deal with your vehicular accident situation:
In Whose Name Should I File My Trademark?
Many people often get confused about whether to file a trademark in their name or company name. Making this particular decision shouldn’t be an issue if the business is owned or run by an individual. In this case, whether the trademark is filed or registered in a personal name or company name is left for the owner or business to decide.
However, if the company is owned or run by more than one person (partnership), it is advisable to Register trademark in the UK in the company’s name. Always remember to run partnership businesses only after you have set-up a separate business or company.
If an individual plan to have shareholders and investors in the future while he/she retains the total ownership of the trademark, such individual needs to register the trademark in his/her personal name. In a situation where a trademark is assigned to the company’s name, the trademark will die as soon as the company or firm runs out of money or folds up. On the other hand, if the trademark is owned by an individual, the trademark will continue to exist even if the company dies. The trademark will only die if the owner dies and he/she didn’t leave a will or failed to appoint a trustee.
What are the advantages of filing a trademark under a company name?
If a company owns a trademark, the company will enjoy the following benefits:
- The company can license or transfer the trademark to another party or business.
- The trademark adds value to the business because trademarks are quantifiable assets.
- As the value of the trademark increases, the value of the business also increases. Thus, investors and potential purchasers will be interested in buying your company assets anytime you decide to sell the company.
- The company can use the trademark as security interests in financial transactions.
- During business negotiations, the company can use the trademark as leverage.
- The company owning a trademark can enforce its trademark rights.
Another thing to consider when deciding whose name should be used to file for a trademark is your plan to register with Amazon Brand Registry in the future. If you intend to register with Amazon Brand Registry as an Amazon Seller, the name used in opening your Amazon Seller account should be the same with the name used in filing your trademark. The advantage of doing this is that it will be easier for you to prove you own your trademark and Amazon Store whenever there is a dispute or your listing is hijacked.
If you’re filing a trademark application based on intent to use, such trademark cannot be assigned to another party, company or business. The major reason for this particular provision is to prevent trademark trafficking and ensuring that a trademark is assigned together with a real business or goodwill.
Owing to this, it is best to file an intent to use application under the company name instead of filing under the name of an individual or person.
Personal Injury Due to a Truck Accident? Whom to Call?
Personal injury is the consequence of the truck accident. But specific unique issues are involved with the injury case. The truck operators have to follow many state and federal regulations. They have to carry insurance with much higher limits than an ordinary vehicle dealer. Several parties share the financial responsibility of a truck along with the driver.
The plaintiff injured by the truck wreck can rightfully approach for an injury settlement that is equivalent to the damages cost to him/her. In case of standard car clash, the chance is less.
Let’s discuss the factors that are concerned with the injury settlement linked with truck accident:
Standards for Conduct and Insurance set by the State and Federal Regulations:
The truck owners, manufacturers, and the operators need to obey several state and federal regulations such as:
The time period allowed for a driver to go without taking rest in between
The weight that can be hauled by the truck
Quality control in repair
Quality control in manufacturing
If you are not at fault in a given mishap, most of the time the chance is of a defendant’s violation of the ordinance or statute. It’ s imperative as the evidences of violation of the regulations influence the chance of plaintiff to win the trial. The higher the odds, the more is the defendant’s intention to settle the case before trial.
It is one of the essential aspects of state and federal regulations. The insurance requirements are imposed on the operators and owners of the truck. In case of all the practical purposes, the defendant is able to settle for the specific amount that can be actually afforded by him/her. The settlement can also be done based on the maximum amount allowed by the insurance company of the defendant.
The law sets the truck insurance’s higher minimum policy limit. It indicates that if the employer or the driver only carried the least amount, the complainant won’t have to stick with a lowly settlement.
In the incidents associated with the standard car accident, it may or may not apply.
Multiple Defendants and their effect on the Settlement:
When there is more than one accused in a single lawsuit, they may or may not be equally responsible for paying the damages to the complainant. A fatigued river may have to share partial liability for a catastrophe along with the faulty tires’ maker. The plaintiff has the right to sue both the driver and the manufacturer. But, it is not definite as how much each is at fault.
There is a drawback. It is difficult to obtain the right amount of settlement involved with the not-so-clear proportions of the multiple defendants who are at fault. The defendants may not agree at the given amount and argue on the agreement. The plaintiff can also settle with one appellant and then proceed to sue the other accused of balancing the damages that are determined at the trial.
We can view specific examples of the truck settlements:
Nobody can claim that the driver or the other party is automatically at fault and have to offer a high amount of settlement just because a road accident is associated with a truck.
In one case, a semi-truck rear-ended a plaintiff. He/she required joining of the neck vertebrae. The plaintiff got a settlement of approximately $350,000.
In another case, a plaintiff was driving a car, and a semi-truck struck the car head-on. The victim suffered multiple fractures and a couple of broken legs. He/she had to spend many months in the hospital, undergo multifarious surgeries and long-term rehabilitation for being healthy and fit again. The sufferer received around $1,850,000 settlement from the insurance company of the defendant.
Again, in an occurrence, a plaintiff collided with a tractor-trailer and suffered a shoulder injury. He/she had to sustain shoulder surgery. He/she received approximately $275,000 of settlement.
In a happening, a semi-truck hit a plaintiff as the truck had a defective part. The plaintiff got injured severely and had to amputate a leg. A settlement of $3,750,000 has been given to suer.
A specialized truck accident attorney is the right person to approach if you have suffered from personal injury caused by a massive truck. He/she has the updated knowledge of the laws associated with the truck wrecks. Find an experienced lawyer and get help for receiving the maximum compensation.
Commonly Asked Questions about the Registration of Charitable Fundraising
The focus has always remained on charitable organizations when it comes to nonprofit corporations. There are unique and recurring questions people have to ask about charities. Charities cannot create and manage fundraising campaigns without complying with state requirements. We have covered the top 8 charity registration questions likely to be surfaced in your mind.
- When Is Charitable Solicitation Registration Necessary?
In the majority of the states, barring a charitable organization applying for an exemption, most of the charitable organizations must register solicitation with the state before collecting donation from the residents within that state. Any charitable organization focusing on individuals, foundations or corporations within the state in which it wants to raise funds, it has to be registered. Charitable solicitation registration greatly depends on the state in which the charitable organization wants to operate. California is the state allowing a 30-day grace period after the organization receives a charitable asset from donors in a state.
- Where Can A Charitable Organization Get Registered?
Charity registration is essential in most of the states when a charitable organization is aiming to raise funds. The method of solicitation and location of charity do not matter. Solicitation registration is not required in the following states:
However, veteran’s organizations have to register in Arizona. And, in the state of Louisiana, if a charitable organization is counting on professional fundraisers in the state then the registration is required. In the state of Missouri, 501c3 organizations are exempted. Registration by law enforcement, public safety and veteran’s organizations is required in the state of Texas. The process of registration is accomplished through consumer protection office or licensing.
In most of the states, the Office of the Attorney General or the Secretary of State’s Office handles compliance requirements. Even if your charitable organization is registered in one state or if you need not register your charitable in one state, it does not mean that you can raise funds in some other state without registration. If another state requires, your organization have to register to raise funds in that state.
- Who Is Required To Register?
Religious organizations need not register or file IRS Form 990. However, most of the remaining charitable organizations must register in order to solicit funds in multiple states. And, the charitable organizations should get registered in these states. There are many states in which organizations raising less than $25000 annually get exemptions. These organizations include hospitals, educational institutions, political or membership organizations. However, it is important to understand that there are exceptions to the exemptions. In many states, a charitable organization has to apply or request for exemption. And, if the exemption is not given then you will have to register for fundraising to receive donations in multiple states even when you are collecting contribution online.
- How To Find Out Whether A Charitable Organization Qualifies For Solicitation In A Given State Or Not?
In North Dakota and Washington D.C., a charitable organization has to be qualified as an entity that can get registered for soliciting charitable donations. However, this is not same in all states. There are different requirements in different states. California, Colorado, and Oregon are the states in which a charitable organization requires registration as a corporation in order to conduct business.
- Is It Mandatory For Charitable Organization To Have A Registered Agent To Get Registered In Every State?
In the majority of the states, a charitable organization needs not to have a registered agent. There are some states in which the charity does require a registered agent. However, it should not be confused with statutory requirements for a registered agent for a business entity.
- Can A Charity Add A ‘Donate Now’ Button On Its Official Website Without Getting Registered?
There are 41 states in which a charitable organization need to have some form of registration to meet requirements for solicitation of funds. And, there are different definitions of solicitation in different states. If the ‘Donate Now’ button is included the state’s definition of solicitation and ‘Donate Now’ button is regarded as solicitation then the charitable organization should seek proper legal advice.
- Can A Charitable Organization Hire Professional Fundraisers And Are There Any Consequences Of Doing So?
It is important to figure out whether a state allows hiring professional fundraisers or not. There are states in which exemptions are awarded and it depends on circumstances. These circumstances include monetary thresholds, fraternal and social organizations, membership and hospitals and hospitals auxiliaries. However, in some states, under some circumstances, engaging professional fundraisers can lead to loss of exemptions. If a state allows hiring professional fundraisers the charitable organization will have to amend its registration and also to produce a copy of the fundraising contract.
- What Are The Ongoing Filing Requirements?
Apart from one-time or annual registration, in some states, there are additional filings in the form of renewal, annual report and update. There are several other forms of compliance filing that will keep the charity in good standing. Form 990, audited financial statement and state-specific financial report (if the charity is operating in multiple states) are the documents a charitable organization has to produce at the time of annual charitable solicitation compliance filings.
Unfortunately, some states have kept audit threshold very low. The threshold in Illinois is $300,000 in gross constitutions. However, the threshold is reduced to $25000 if the charity has hired a professional fundraiser.
No two states have the same rules and regulations. Therefore, the team running a nonprofit charitable organization should be aware of the compliance requirements of a state to collect donations in that state. It becomes difficult and complicated when a charitable organization wants to raise funds in several states. That’s why it is always better to hire a registered agent to get a charitable organization registered in different states. These agents are aware of the laws and regulations of different states. Professional assistance of these registered agents helps in complying with all requirements of different states.
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