Common Causes of Whiplash Injuries

The most common cause of whiplash injury is automobile accidents, which frequently results in a long term personal injury. Statistics show that each year approximately 120,000 people in the United States are involved in some type of accident that causes them to suffer a whiplash injury. (Source: National Institute of Neurological Disorders and Stroke) An estimated 25% of all victims of whiplash will typically require medication for ongoing chronic pain. (Source: National Institute of Neurological Disorders and Stroke) There are other common causes of whiplash, which include personal injuries as a result of sporting accidents including car racing, bicycle riding, horseback riding and even skiing. “Shaken Baby Syndrome” can also cause of whiplash injury in children under the age of 5 who are shaken violently, which causes their head to move dangerously back and forth.

Symptoms of Whiplash

Typical physical symptoms of a whiplash injury include the following:

• Headaches
• Neck pain, aches or stiffness
• Loss of motion in the neck
• Injured muscles and ligaments
• Dizziness

Psychological symptoms of a whiplash injury include the following:

• Memory loss
• Poor concentration and/or memory
• Nervousness/irritability
• Fatigue
• Depression

Medical Treatment of Whiplash

If you have suffered a whiplash injury you should immediately seek medical treatment. There is no need to seek out legal counsel beforehand. However, you may need legal representation later if you need to file a lawsuit for compensation and it is probably best to speak to a lawyer sooner rather than later to ensure that you have preserved your rights and evidence you may need to prove your damages. Even if you are not in pain after a car accident, you should always see a medical doctor since you may be injured without knowing it at the time of the incident.

Medical treatment of whiplash includes taking x-rays, cat scans and MRIs (Magnetic Resonance Imaging) to determine whether there is a fracture or damage to the cervical spine and discs of the vertebrae in the neck. Certain medications may be prescribed like pain medication, anti-inflammatory drugs and muscle relaxants. People with whiplash injuries are typically given a cervical collar to wear and a prescription for physical therapy and possibly antidepressants.

Noticeable effects of whiplash injuries typically last for up to three months after the injury was suffered. However, there may be long term chronic pain for some people who have suffered a more severe injury and typically occurring at high rates of speed. Whiplash injuries also have the potential to lead to arthritic degeneration of the neck and spine, as well as being the cause of bursitis (the inflammation of fluid filled sacs that sit between the tendons and the skin, most common injuries occur in the shoulder and hip.)

Submitting an Insurance Claim for Medical Treatment for a Whiplash Injury

In most cases, a person suffering from a whiplash injury as a result of an auto accident does not have to file a lawsuit in order to be compensated for the cost of medical treatment. Uninsured motorist coverage is a policy that will compensate you for a deficiency in the other driver’s insurance policy, such as a negligent driver who does not have sufficient insurance coverage or any insurance coverage at all. If uninsured motorist coverage is included in your auto insurance policy, it should pay for your medical expenses when you submit a claim of injury to the insurance company. Uninsured motorist’s insurance coverage normally pays for medical damages including medical treatments, loss of wages and rehabilitation and you would not have to worry about whether your health insurance coverage would compensate you.

If you do not have uninsured motorist’s protection then it may be more difficult to recover any damages for this under your auto insurance policy. An attorney can contact the insurance company of the other driver’s insurance company to inform them of a potential claim for damages in the future and perhaps negotiate a settelement. If it turns out that you are entitled to financial compensation for loss of employment, permanent injury, emotional distress, pain and suffering and humiliation, your rights will be protected. If the other party does not have insurance or the other party’s insurance refuses to pay your medical expenses, your attorney can file a lawsuit on your behalf.

Protect Your Health, Preserve Your Rights - Seek Medical Attention

It is usually best to seek medical attention anytime you are in an accident since many injuries only become apparent at a later time. Whiplash is one such example where a person may experience during a car crash but only feel pain several hours or even a day later. Your neck should be stabilized if there is a whiplash injury.
It is advisable to inform a doctor of the accident and how it happened. In the event of a lawsuit, your doctor may be called as a witness. Also recommended is having a detailed written account of the accident and your injuries and, along with the doctor’s report, you will have complete and adequate documentation of the incident. Your doctor’s written account will provide specific information as to the degree of injury and could be an invaluable statement in a lawsuit. An accident injury attorney can use the medical information provided by your doctor to prove your case. A personal injury lawyer can tell you what a personal injury claim is worth. Work together with your attorney to gather as much evidence as you can about the cause of the accident. Obtain copies of the police report and statements from witnesses.

Timing and taking the right steps is important to protect your claim for personal injury money damages. If you take too long to see a doctor after an accident has occurred, a defense lawyer may claim that you obviously didn’t have severe pain caused by the accident or you would definitely have sought medical attention sooner. In addition, a claim could be made that a second unreported injury that occurred shortly after the accident is the probable source of your pain and suffering and the reason you decided to go to a doctor. A third defense is the claim that you really weren’t hurt badly at the time of the accident but decided to go to a doctor in order to make the injury look worse in the hope of collecting greater money damages from a lawsuit.

Whiplash Injuries at Work and Your Legal Rights to Compensation

Like other work related injuries, if you experience a whiplash injury at work, you can file for worker’s compensation. You also have the option to file a lawsuit. If you choose to file for worker’s compensation you will be agreeing to the financial limits that are common for worker’s compensation. You should speak with an attorney before you make your decision on which way to file a claim for compensation. A lawsuit may be more beneficial for you in the future although it can also take a much longer period of time to obtain a settlement or a jury award.

Worker’s Compensation Benefits for Whiplash Injuries

• Medical expenses, including physical, mental, and vocational rehabilitation expenses
• Compensation for a temporary period including time lost while you are unable to work
• Compensation for permanent disability or a specific injury
• Death benefits for certain surviving relatives and certain dependents

If you are injured at work, report the incident in full as soon as possible. You should also be evaluated by a medical doctor immediately so you can have the medical evidence you need for your claim and the necessary treatment you may need for your injury. It is good practice to consult with a worker’s compensation lawyer to ensure you complete all of the steps needed to file your claim and to protect your legal rights.

Time Limits - Statute of Limitations

In most states there is a 2-5 year statute of limitations, a time period from a certain date (usually of the accident) from which a person has to file a lawsuit for damages to property or personal injury as a result of an automobile accident. You may need to consult with a personal injury accidents attorney or legal guide to determine what the exact period of time you have to file a lawsuit should you choose to do so. Generally, when a minor child is injured, the 2 year time limit to file is suspended until he or she reaches the age of 18 (so the time runs out at 20 years of age.)

Parent or Guardian Must File

Children are not allowed to file their own lawsuits – an adult parent or guardian must file on their behalf for injuries and damages suffered. For similar reasons, a child cannot file a claim for medical expenses. Since parents are legally responsible for their child’s expenses, parents should file a separate lawsuit for the medical expenses they incurred or will incur personally as a result of getting medical treatment for their injured child. Parents usually have a 5 year time limit to file for medical expenses. The child can be compensated for personal pain and suffering and other things but not economic issues concerning medical expenses for which their parents are liable. If there is a permanent disability, a claim for future lost wages can also be filed.

Comparative Negligence

Comparative negligence is a legal concept where the amount of liability for each party is determined based upon the amount of negligence or fault of each party. Children are generally exempt from the comparative negligence law because they may not be aware of or appreciate the circumstances which might place themselves in danger. Most states have age limits that state at what age a child is capable of comparative negligence. If the child is ruled as not being at a responsible age for comparative negligence, the driver under this condition may be able to claim the Emergency Doctrine as a defense. The emergency doctrine is a law which allows people to act in critical situations that call for an immediate action (such as a fire, car crash or a collapsing building) without the fear of being sued for negligence as a result of their good faith efforts.

Statements and Insurance Companies

Insurance companies have the right to use any statements made to the company or to a claims adjuster against claims made by you for yourself or on behalf of your child. You may wish to speak to a personal injury attorney before you sign any insurance or settlement documents – failure to do so may prevent you or your child from bringing a lawsuit in the future.

Damages and Compensation for Your Child

• Past and future medical expenses
• Future earning ability loss
• Disability
• Scars and disfigurement
• Loss of enjoyment of life
• Pain and suffering
• Punitive damages

It is always best to find an attorney that is experienced in child accident and injury laws, especially since these laws are different than they are for regular adults. Child automobile accident claims can be complicated and the damage awards can vary greatly and may be even more meaningful as time passes from the date of the injury.

What To Do After A Motorcycle Accident

If you are involved in a motorcycle accident, even where it appears only minor personal injury or property damage has occurred, you are required by law to stay at the scene of the accident until the police arrive. Not remaining at the scene could result in driver’s license sanctions and possible charges for leaving the scene of an accident. When injuries are involved, call 911 and request an ambulance and the police. When making statements to the police after an accident, it is usually best to limit what you have to say and only provide the most important facts of what happened, especially those that support your perspective on how the accident occurred.

Even if you may not appear to be seriously injured, you should obtain the following information:

• Name, address, driver’s license, insurance information and license plate number of the other vehicle involved
• Name, address and phone numbers of any witnesses
• Contact information and incident number from the responding police officer
• Location, road conditions, speed limit, weather and lighting should be jotted down for future reference as well as other pertinent information

In many instances, only after leaving the scene of a motorcycle or automobile will a person realize that he or she has suffered injuries and/or damages. For example, a driver may not feel the effects of whiplash until the following day after an accident. A car owner may not realize that a bumper was damaged in an accident at dusk but will notice the problem the following morning when there is more light to better inspect the vehicle. In the event a lawsuit becomes necessary due to personal injury or property damages, you will want to provide all of the above information to your personal injury lawyer.

After an Accident: Always Get Needed Medical Care

Most motorcycle accidents result in a serious personal injury but, on occasion, there may seem to be no injury at the time of the accident. Sometimes injuries may not reveal themselves for an extended period of time, such as whiplash and head injuries, which can take a longer period of time for symptoms to show such as dizziness, tinnitus, disorientation, nausea and others. Even if you think you are not injured from a motorcycle accident, you should still seek a medical evaluation for the same reason you collected driver and witness information. Personal injury claims can be made for lost wages, loss of consortium, personal pain and suffering, medical bills, rehabilitation and physiological counseling for emotional problems due the accident or injury. Some states have no fault insurance laws that will prevent you from being treated at a later date. If you decide to obtain treatment at a date significantly later than the date of the accident, the insurance company and other driver or defendant may argue that you were not injured as a direct result of the accident because you did not seek immediate medical care. They will claim that you were more likely injured at a later date due to some other unknown incident.

Statute of Limitations (Time Restrictions) on Filing Suit for Personal Injuries

State statutes of limitations will set a time period after a motorcycle accident within which an injured person must file a lawsuit. Depending on the state, the general limitation is within one or two years from the date of the injury. Minors who are injured can generally file for suit until they turn 18 plus the two year statute of limitation. A personal injury lawyer can provide the exact time limit for you, which makes it important to speak to a personal injury lawyer as soon as possible after your accident. (More about state statutes of limitations.)

Liability Insurance Concerns

Almost all states require motorcyclists and automobile owners to carry insurance. However, in the event that another driver does not have insurance coverage, it is best to purchase an “uninsured driver insurance” policy. Having such a policy means that if you are injured in a motorcycle accident, you will be able to be compensated by your own insurance company even if the other driver does not have insurance. While it may cost more, underinsured driver insurance policies are offered to protect motorcyclists from other drivers who have insufficient or no insurance coverage.

Many insurance claims are settled and paid without significant problems. When there is extensive damage to the motorcycle and/or substantial personal injury, opinions can differ greatly with regard to the damages that should be awarded to an injury victim. Sometimes a lawsuit may need to be filed in order to arrive at an amount that the court finds fair and adequate compensation for the injuries suffered. It’s also not always a simple proposition to figure out how to calculate damages. If you are found to be partially at fault in the accident, your settlement claim may be reduced by an amount that represents your own contributing negligence. In the case of a wrongful death due to a motorcycle accident, a wrongful death suit may also be filed. It is always best to speak with a good personal injury attorney to understand the factors and your potential liability and award for damages.

Products Liability and Manufacturing Defect

Motorcycle accident lawsuits can also involve product liability laws. For example, a manufacturer could bear liability if they produced new motorcycles with faulty brakes that were defective coming off the assembly line but not discovered because there were no reasonable inspection procedures in place. Manufacturers may also be liable for “design defect.” In such a case, a motorcycle manufacturer may hire an unlicensed engineer who designs an unsafe braking mechanism. While the motorcycle may come off the assembly line exactly as specified, the manufacturer could bear liability if they should have known that their braking system was inherently unsafe and they did not take any reasonable care to make sure that it was effective. A personal injury attorney will likely perform research and have studies concerning defective products and vehicles and be able to advise you as to whether such a case exists.

Credit Card Fraud

Credit card fraud is on the rise. Anyone who obtains your credit card information can quickly charge huge amounts of debt in your name and destroy your credit worthiness. Consumers who are victims of credit card fraud can spend countless hours and a significant expenditure of money trying to clear up false credit card charges. Consumers need to monitor their credit report regularly and contact the credit bureaus if there are any charges on their report that are in error. In such an instance, you will need to file an identity theft complaint. The Federal Trade Commission (FTC) provides detailed information on how to get your free credit report. All illegal or unauthorized use of an individual’s credit card should be reported as soon as it is detected. Failure to contest credit card fraud can result in the consumer being unable to obtain credit for purchases of their own, such as for a home or vehicle.

Bank Fraud

Bank fraud is usually a deception practiced by a bank to cause a person to voluntarily relinquish his or her property. It can also be committed in the form of overcharges and unnecessary fees or deceptive practices that are unknown to the account holder. While domestic banks are regulated and can be prosecuted for bank fraud, international bank fraud is extremely difficult to prosecute. If you have been a victim of bank fraud, you should consider contacting an attorney if it seems that the fraud might have happened to other victims and not just yourself. It is possible to put together a class of people to file a class action lawsuit against the bank, which would typically be financed by the team of lawyers and not the victims.

Insurance Fraud

Insurance fraud is typically perpetrated by insured people trying to deceive an insurance company with a false claim in order to wrongfully receive benefits. Internal insurance fraud is committed when an insurance company, its employees or a group of insurers, attempts to defraud it’s customers by means of deception. Frequently it takes the form of selling fake insurance policies with the insurance company pocketing the premiums where no policy actually exists. Some disreputable insurance companies will accept your premiums but, when it comes time to pay out for a claim, they will deny the claim.

Insurance fraud is the second most expensive white collar crime in the United States. The National Insurance Crime Bureau statistics indicate that United States citizens lose over $100 billion annually to insurance fraud. If you suspect you may be a victim, you can contact a consumer fraud lawyer for help in filing a claim.

Internet Fraud

Internet fraud is on the rise and victims fall prey to it almost daily. Federal Trade Commission statistics show that over $200 million in losses were reported back in 2003 alone due to internet fraud. That number has increased dramatically since that time. Half of the complaints to the FTC about internet fraud reportedly involve online auctions. Numerous complaints have also been filed with the FTC about online identity theft, auction fraud, investment fraud and so called “Nigerian money scams” involving cross border Internet fraud where an unsuspecting victim is convinced to advance sums of money in order to realize a much larger gain. Senior citizens are targeted frequently for Internet fraud scams given their lack of online experience and typically being more naive than the average web surfer. For the most part, it is not easy to recover money due to Internet fraud, a crime which should always be reported to the FTC.

Mail Fraud

Any scam used through the United States Post Office to gain money by deceitful practices from a consumer is called Mail Fraud. Around one-third of all consumer fraud is committed through mail fraud. Mail fraud consists of a perpetrator making the promise to deliver certain goods and then not following through on it or delivering something other than what you were led to believe that it was. Common examples include discounted magazine subscriptions and entering a prize eligibility contest. Mail fraud perpetrators may ask for personal information and charge ridiculous amounts for products in hidden fees. They can steal your identity or open accounts by using your information. Like the case with Internet fraud,  it is not easy to recover money due to mail fraud, a crime which should always be reported to the FTC. A government investigation may ensue with some greater likelhood given the use of the US Postal Service to carry out the crime.

Where to File Consumer Fraud Complaints

If you have been the victim of consumer fraud:

• file a complaint with the FTC (Federal Trade Commission) for national fraud
• file a complaint with the Better Business Bureau,
• report the fraud to your state attorney general's office for fraud occurring in a state
• file a complaint with the SEC (Securities Exchange Commission) for securities violations
• file a complaint with the Consumer Affairs Bureau for junk faxes, telephone communications, broadcast TV and radio, Internet and VOIP services and telecommunications
• file a fraud complaint with the NCL Fraud Center (Consumers League)
• file a fraud complaint with econsumer.gov for international and cross border fraud
• file a fraud complaint with the Internet Crime Complaint Center which is a is a partnership between theFederal Bureau of Investigation (FBI), the National White Collar Crime Center (NW3C), and the Bureau of Justice Assistance (BJA). IC3's mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding the rapidly expanding arena of cyber crime. The IC3 gives the victims of cyber crime a convenient and easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations. For law enforcement and regulatory agencies at the federal, state, local and international level, IC3 provides a central referral mechanism for complaints involving Internet related crimes.
• Try to determine the hosting company of the online service and file a complaint with the provider.

When fraud is large enough, either individual in act or in the aggregate, victims can also consult with fraud attorneys to find out their legal rights to file a law suit for damages and to recover losses.

What is a Class Action Lawsuit?

A class action is a civil lawsuit where a group or "class" is affected in the same manner or form. One or more representatives of the group ("class representatives") file suit on behalf the class and a judge will initially decide whether or not the claims of the representatives arise from uniform facts or law common to all class members. For example, people injured by smoking cigarettes sued tobacco manufacturers as a "class" of people who were harmed due to the information about the dangers of smoking that were withheld by the tobacco manufacturers.

Class action suits can be both offensive and defensive in nature, although frequently the group of affected people consists of injured plaintiffs. Such an example of a plaintiff class action case might be the shareholders of a corporation that has been riddled with fraud and a group of people harmed by the same manufacturing defect. While a person may have suffered damages, the amount of damages suffered alone might not be great enough to justify the expense involved of bringing a lawsuit. As a result, the wrongdoer would never be punished because the cost of justice is too great. But if enough people have been harmed in the same manner, the combined damages of all of their harm might be sufficient to justify the cost of the lawsuit. The process in which a class is "certified" may be found in Rule 23 of the Federal Rules of Civil Procedure.

Types of Class Action Lawsuits

Virtually all class actions involve money damages. Some cases concern issues where a fund of money made available to victims is inadequate to fully compensate all of the class members. Other cases involve “injunctive relief” whereby the victims are seeking that the court enforce or prevent the defendant from performing a certain act. For example, a court might enjoin a local police activity that could be considered unconstitutional. At other times, a “declaratory judgment” is sought where the class representatives seek the court's decision in clarifying the exact rights and obligations of each party.

What are the Requirements to Bring a Class Action Lawsuit

Rule 23 of the Federal Rules of Civil Procedure ("FRCP") is the section of law that typically is applicable to class actions in the federal courts. Most states have adopted similar rules and procedures so that the few "class members" can adequately represent in court the large number of those afflicted. The following are the set of criteria for a class action suit:

• Numerosity: The number of people affected must be so large that it is far more practical to have one action by a few representatives govern the entire incident rather than have each person try the action individually. There is no exact number although there are factors that would make it more or less likely that your suit could potentially be a class action.
• Commonality: This requirement questions whether a significant number of people may be afflicted by a similar set of facts or legal questions. There must be a "commonality" of claims or questions of law within the class of people afflicted so that it is efficient and possible to adjudicate the entire matter at one time. If everyone brought the same claim about an air bag defect in a specific model car the courts would be inundated with adjudication of the same case with the same set of facts. By combining these cases into one case, the court can decide upon the same set of facts or legal questions at one time.
• Typicality: The "class representatives" who actually file and try the case (and are the plaintiffs named in the case) must have the same issues to adjudicate although they need not be exactly identical. For example, everyone who has the same model car and has the same car manual would each be equally aware of how the airbag system works and what actions in the car should and should not be done with regard to the proper working of the airbag system.
• Adequacy: The class representatives must be able to fairly and adequately represent the interests of the entire class and not just their own interests. The court must believe that the representatives will not just be zealous prosecutors of their own claims and harms but will also seek adequate remedy for others in the class who may have slight differences in how much or to what extent these members have been harmed.

If these criteria are met, then a court can hear a case on money damages (e.g. damage to compensate one from the deterioration of health due to smoking), make a case concerning a declaratory judgment (the court will define the rights and obligations of each party of the case concerning a specific issue) or issue an injunction to enjoin one party and compel them to do or not to do something (e.g. to restrain a local police department from continuing acts that might be deemed unconstitutional.)

How to Join a Class Action Lawsuit

The first step before a court certifies class actions involves an investigation and conclusion that there are too many class members to each be named an individual party in a lawsuit. The case has common facts or legal elements within which it makes sense for the court to efficiently adjudicate the matter in one hearing. Typically class members are given "notice" and considered part of the action unless they choose not to participate and "opt out" of the action. This notice is sent in cases concerning money damages and there will usually be information and instructions about what to do in order to participate or opt out of the action. Individuals who opt out may hire their own lawyers and pursue a private action or seek to "intervene" and participate in the class action individually. If a member does not opt out of the action, the member may then be bound by the court's decision. Notice may not be required when a class action involves injunctive or declaratory relief.

Opting Out of a Class Action Lawsuit

When should one choose to opt out of a class and pursue an individual remedy? This question is impossible to answer for everyone and the answer depends upon the variables that exist in an individual’s unique set of circumstances. Frequently, there may be a large number of people affected but the damages actually paid out in class action suits might be minute. For example, if a monitor manufacturer was charged with using used parts in equipment sold as new and as a result each class member would be paid $7.50 compensation, it would seem that the cost of litigation might prove impractical to try the case on an individual basis. However, if an individual has a unique set of circumstances that might vary from the class, perhaps a reseller whose trade name has now been forever tarnished, it may prove worthwhile to opt out of the class action and file suit individually.

Q: Can I change my birth name to any name I want?

A: Yes, within certain restrictions such as the following:

• Changing your name with the fraudulent intent to avoid bankruptcy, lawsuits, other debts or to escape liability for a crime
• Choosing a name that violates a trademark
• Have numbers or symbols in your new name
• Changing your name to include obscene words, racial slurs or one that would incite violence in others
• Choosing a name that infringes on another person’s civil rights by intending personal gain, e.g. a new name that is the same as someone famous

Q: What do I need to do to start using my new name?

A: In some states like California which follows common law, the "open and notorious" use of a name is sufficient to allow one to use an assumed name. In some jurisdictions, individuals can also register the use of a trade name that is different and distinct from their legal name and is registered with the county clerk, secretary of state, or other similar government authority. In order to satisfy requirements in virtually all states, it is best to first register your new name with the social security office followed by registration with the department of motor vehicles to reflect the new name on your driver’s license. Common steps of implementing a name change are:

• Informing others generally that you have changed your name
• Contacting government agencies and businesses to inform them of your name change and request that records be updated to reflect the change
• Informing family and friends of your name change and that you want them to use it in the future.
• Using your new name at work or school
• Introduce yourself to new people using your new name

To legally change your name without a marriage license or divorce certificate, government agencies usually require a copy of a court order that shows you have legally changed your name before they will change the name on their records. This is the reason why it is easier for you to get your social security card first, then your driver’s license. Government agencies will inform you of what other documentation they may need to change your name on their records and chances are your social security card and driver’s license will be sufficient.

In order to get your name changed on your social security card, take your marriage license, divorce decree or court order to the social security office near you to have your name changed first before you go to the DMV. If your social security number doesn't match your new name when you apply for a new driver's license, they won't issue one.

Q: Can I change my name if my marriage is common law?

A: Under the common law rule, anyone can change their name. All one needs to do is use the new name consistently in an “open and notorious” fashion without fraud and interference of the rights of others. As such, you can start using your new name without needing to go to court to effectuate a change. Note that name changes not due to marriage means there is no issuance of a marriage certificate, which is an official government document and accepted by common establishments. Banks, title companies, government agencies and other private companies may not accept your new name unless you have an official court order.

Q: What institutions do I need to notify of my name change?

A: After making a name change, you will want to contact all of the following institutions as applicable:

• Employers
• Schools
• Post office
• Department of Motor Vehicles
• Social Security Administration
• Department of Records or Vital Statistics (issuers of birth certificates)
• Banks and other financial institutions
• Creditors and debtors
• Telephone and utility companies
• State taxing authority
• Insurance agencies
• Registrar of Voters
• Passport office
• Public Assistance (welfare) office
• Veterans Administration
• Criminal Justice System if you are a lawyer or ex-con
• Immigration and Naturalization if you are an alien

Any wills, codicils, powers of attorney, living wills or other estate planning documents that you have should be replaced with new documents done in your new name. Changing these documents to your new name will prevent future confusion.

Q: When I get married or divorced, do I have to go to court to change my name?

A: No - unless you or your new spouse want to change your name to one that is entirely new. In such a case, you would have to go to court to legally change your name for government agencies. If you are divorced and want to change it back to your maiden name, or you are changing it to your new name after you get married, just start using that name. All you will need as proof of your new name is your marriage certificate or divorce decree.

Q: My new name is not being accepted, what should I do?

A: You have a constitutional right to change your name and knowing your state laws in order to determine procedure will help you assert your rights. Contact the main office of a government agency if the local office is giving you trouble. Typically you can show documents that have both your old and new names such as a recently obtained passport. Your new name may appear with an “AKA” (also known as). You can also obtain a court order as proof that you have a new name.

Q: Can a minor change their name?

A: Yes, but a court order is needed and it should be:

• submitted by an adult giving parental consent and stating the reason for the name change
• for a significant reason such as an adoption or name change to that of a step parent with the consent of both parents

Changing a minor’s name is not equal to a legal adoption and can not relieve the parent of responsibility to the minor. For example, when a minor child changes his name to that of his step father, the biological father is still responsible to pay child support. In the case of an adoption, the original birth certificate can sometimes be changed as well.

Q: Can a legal alien change their name?

A: Yes, but they must obtain a federal court order to change their name after they become a United States citizen.

Statistics of Birth Injuries

Various reports estimate the number of birth injuries to occur in six babies for every 1,000 born alive in the US each year. The rate is higher for males than females and occur at a significantly greater rate in large, busy hospitals than smaller hospitals (under 100 beds.)

Types and Causes of Birth Injury

Not every injury is due to the doctors negligence. A list of common causes of birth injuries which result in medical malpractice lawsuits include the following:

• failing to supply adequate oxygen to the baby
• failing to treat jaundice in a timely fashion
• inappropriate or erroneous use of forceps or vacuum
• inappropriate or erroneous use of oxytocin or misoprostol
• inappropriately treating infection
• failure to recognize fetal distress or non-reassuring fetal distress
• failure to decide and perform a caesarean-section birth in a timely fashion
• failure to properly resuscitate a depressed baby

If an infant suffers from oxygen deprivation during childbirth, brain damage may result. Consequences from this injury include seizures, behavioral problems, mental retardation and emotional disabilities later in life. Other injuries include cerebral palsy (irreversible impairment of speech, movement, development and coordination), brachial plexus palsy, Erb's palsy (lack of sensation and inability to move hands or arms), temporary paralysis, spinal chord damage, fractures, and Group B strep.

Challenges can arise while the mother is either in labor or during the delivery process and medical personnel are trained to take necessary precautions to prevent foreseeable complications and potential injuries to the baby.  It is the doctor’s duty to monitor the oxygen supply to the mother and infant during labor and birth, including the baby’s position in the birth canal and taking into account the size of the baby. Problems frequently occur  with misuse of medical equipment such as a forceps or vacuum extractor. A fractured collarbone or clavicle can happen when forceps are used to pull on the infant. Pulling the arms can cause dislocation of the collar bone and result in permanent malformation and discoloration of the upper arm and shoulder.

Birth Defect Versus Birth Injury

A distinction must be made between a birth defect and a birth injury since the latter is frequently the result of negligence and actionable while the former is not. A birth defect is an unfortunate problem that the baby has when born, regardless of what may happen during delivery. If the child is afflicted with a genetic disease, it would occur independent of the actions of any doctor, nurse or midwife.

A birth injury happens to an infant during labor and delivery that could have been prevented. Some injuries are minor and have no lasting effect. Other injuries are serious and can have lifelong consequences. Thus there are three basic parts to analyzing a birth injury – (i) whether the injury could have been prevented, (ii) whether the injury was the result of negligence by doctors or medical professionals, and (iii) whether the injury is temporary or permanent and of sufficient size and magnitude to warrant action.

There are circumstances over which a doctor has control and can prevent a birth injury.  These include allowing prolonged labor, not performing a C-section when it is necessary (usually because the infant is too large or the mother’s pelvis is malformed), misusing a vacuum suction device – negligence in all of these instances can cause brain injury to an infant and which could have been prevented by adequate care by medical professionals.

Steps to Take If Your Baby is Injured

If your baby is injured during labor or delivery, you should get immediate treatment and diagnosis for the infant. You would likely be best served by obtaining a second opinion from another doctor. Keep all copies of your medical records as well as the medical records of the baby to give to your lawyer in the event that you are advised to file a lawsuit on behalf of your child. As hospital records can be lost or destroyed, it is important to obtain copies of all your files and make an appropriate request if copies of some of your files are not in your possession.

The Need for Birth Injury Attorney

In the event of a birth defect, there is no remedy for the injury – it is an unfortunate as no person is responsible. However, if a birth injury is potentially caused by medical negligence, it is appropriate to seek the counsel of a birth injury lawyer to help you determine the extent of an injury and the potential amount of money it may cost to deal with the child’s injuries (this is in addition to pain and suffering.) It is important to investigate and file a medical malpractice negligence sooner rather than later since the statute of limitations applies in birth injury cases. The statute of limitations is a rule of law which limits the time for you to file a lawsuit from the date of an injury, otherwise the claim expires no matter how sever the injury. Additionally, it is common for a doctor to immediately consult an attorney after a birth injury for personal protection from a potential lawsuit. In addition to quickly obtaining necessary medical records and preserving evidence, an having an attorney on your side soon after you discover a birth injury can be a very important and critical steps to protecting your rights and the rights of your newborn child.

Probate Proceedings

Most states will require a probate proceeding in order to transfer the deceased person’s (or the “decedent’s”) possessions legally. When there is a probate proceeding, an “executor” who should have been named in the will, carries out the wishes of the deceased and distributes the property to those stated in the will. If an executor had not been previously named in the will, the court will appoint one. When there are no heirs that can be determined as prescribed by law, the property becomes the possession of the government (the process is also known as "escheatment".) In America, it is estimated that a very high percentage of people die without having a will.

Some states will not require probate proceedings when the deceased has a legally recognized will that states to whom the property will be distributed and when there is little doubt of the decedent’s intentions. It is most common for decedents to request that their property go to their spouse and children. If the spouse has preceded them in death, the children are frequently next in line to inherit the entire estate. In a case of intestacy (lack of will), a probate proceeding is usually required by law to determine how the estate will be disposed.

How to Create a Will

The best time to create a will is now since there are primarily only benefits to having a will and potentially serious detriments in not having one. You have the right to change your will at anytime during your life and will likely do so as your life circumstances change. For example, when you get married, divorced, remarried, having children or if you receive a windfall or large inheritance, you will probably change your will to reflect this difference in your life.
While it is simple to create a valid will, there are important laws and requirements. It is easiest to use an estate lawyer to draw one for a fee and especially useful if your estate is complex. For many people, a standard will can be downloaded from which to create your own will and there is software that can walk you through the process. Your will requires witnesses and notarization in order to be legally recognized. Until you have a will, your estate is considered to be “intestate” and the probate court will decide how to divide and distribute your property.

Requirements for a Will

There are specific requirements for a will to be valid and they can be different depending on state laws.

Must be written: Most states will require that the will be in writing and that it be signed by the “testator” – the subject of the will. If it is handwritten, it must be written by the testator.

Must be witnessed and signed, usually by at least two people. The number of required witnesses may vary from state to state. Check with an estate lawyer in your state for the exact requirements according to your state laws.

• Age - the testator must be 18 years old or a minor and married.
• Identification of the testator.
• Must contain a statement that the testator is acting freely, of their own opinion and not under the influence of others. This is also called on their own accord.
• A statement by testator that he/she is of sound mind.
• Witnesses to the will can not be beneficiaries of the will.

Drafting the Will

The testator can draft his or her own will – only an attorney can draft a will for someone else. Your friend or relative cannot legally draft a will for you. If you draft your own will, there is a possibility that it may be incomplete and therefore would not be valid under most state laws. You must be sure that any will form that you download or will kit that you purchase addresses all of your state’s requirements. If your will does not meet state requirements, regardless of your best intentions, it will likely not be recognized in probate courts. In such an instance, the state would distribute the estate as prescribed by law, regardless of what the testator’s wishes may have been.

Changing a Will – the Codicil

Wills can be changed after they have been drafted, signed and witnessed. Changes to an original will are made in a document known as a “codicil”. The codicil will take precedence over the old will and the new wishes for disposing of the testator’s property will be followed. Codicils are frequently created during or after a divorce so that the rights of the prior spouse can be terminated. Merely being separated does not terminate spousal rights in a will. State laws are specific regarding divorce and wills and it is important to be aware of them if you find yourself in a situation where you are separated and contemplating divorce.

Joint Tenancy

Owning property together with another person is called joint tenancy. When one owner dies, the other co-owner attains full ownership of the property.  There will be no need to go to probate court as this process is automatic. There may be tax consequences for joint tenants when one owner dies and you may wish to speak to a tax consultant about any implications of joint tenancy.

Default Will

When someone dies without a will, state laws provides for a default manner in which an estate is distributed. The property is usually passed on to the spouse and children. In a case where the deceased was not married or did not have any children, the property is usually passes to the decedent’s (i) parents, (ii) siblings, (iii) grandparents, and (iv) children of grandparents, in that respective order. The property passes to the state government if there are no living relatives to take ownership of the estate. When the estate goes to probate, any creditors are paid first. Whatever is left after the creditors are satisfied is passed to the "distributees" under the will.

Appointing Guardians

If there are minor children, the testator can appoint a guardian for his or her children. However, the court does not have to agree to the guardian, even if one is named in the will. Regardless, it is best to make your wishes known so that the court can consider them before making other decisions about guardians.

Personal Representative

A Personal Representative (‘Executor’/’Executrix’ or ‘Administrator/Administratrix’) is a person whom you name or "nominate" in your Will to handle your estate. At times the court appoints a person to be a personal representative if there was no Will. The Personal Representative frequently will live in the same state as the testator did.

Personal representatives have certain duties to perform which includes ensuring that proper notices are given to all parties in the estate. The representative will be in charge of collecting the property of the deceased, receive claims against the estate, and will pay valid claims and dispute those in question. In addition, personal representatives distribute estate property to the proper recipients according to state law.

Stating Your Wishes to Dispose Your Property

A written will frequently includes directions on who shall receive property and, at times, how it must or should be used. However, a testator cannot void your obligations to your spouse and certain protections legally in place for children or community property. Most states will allow you to leave a list of how you want your personal property disposed. This allows you to change the list at any time without actually changing the will.

Contesting a Will

At times, the potential heirs and distributes of a will will seek to contest a will, for example charging that a relative unduly influenced the deceased to leave all his money to that person. Those who contest the will - only potential heirs - must file the necessary documents with the probate court. There is a statute of limitations in contesting wills and it can vary from state to state. Certain conditions must exist and these include:

• Incapacity of the testator - the testator was not able to execute his own will because of a mental incapacity
• Fraud - you can prove the will is not valid
• Undue influence and duress placed on the testator at the time of the writing of the will

Reading of the Will

There is no formal reading of the will required under state law. The executor or the representative gives notice of probate to the heirs. The heirs can ask for a copy of the will from the probate court.

Necessity of Probate Court

The reason it is necessary for an estate to go through probate court is to conclude the affairs of the deceased. Whenever there is real property to be disposed, it must be done legally and by someone who has the legal power to transfer the property into the name of the heirs. Probate court also insures that any income taxes or property taxes will be properly paid. Creditors will also be paid off by the probate court. The court will use the funds from the estate to pay off creditors.

The DMCA Take Down and Counter Reply Process

The following is generally the manner in which a DMCA notice and counter notice occur:

1. The copyright owner or Complainant (the person who complains) crafts a DMCA Takedown Notice and sends a complaint to the ISP or web host or "Service Provider"
2. In order to receive the benefits of not having secondary copyright infringement liability, the Service Provide must remove the materials expeditiously after receiving a valid takedown notice
3. If the Service Provider takes down the materials, the Service Provider must take reasonable steps to promptly notify the Subscriber (the person who uploaded or hosted the materials) of the takedown
4. If a counter-notice is received by the Service Provider from the Subscriber,  forward it to the complainant  and note that the materials will be made re-accessible and available online within 10 business days
5. If Complainant doesn’t notify the Service Provider that it has filed a lawsuit against the Subscriber and/or Service Provider after 10-14 business days, the Service Provider may reinstate the contested materials online

What Must Be Included in a Counter Reply to a DMCA Take Down Notice

• Identification and the original location the material that was removed (if you don't remember exactly where, do your best - but this should be contained within the valid takedown notice to which you are responding)
• A statement made by the Subscriber, under penalty of perjury, that the material was removed due to mistake or misidentification by the Complainant (there was authorization by another party who had rights, the materials are incorrectly identified, etc.)
• The Subscriber’s name, address and phone number
• The Subscriber’s consent to (a) federal court jurisdiction local to the address (if overseas to an appropriate judicial body) and (b) to accept service of process from the complainant
• The Subscriber’s physical or electronic signature

While the DMCA tries to provide a fair process for the copyright holder and alleged infringer, a valid takedown frequently results in the takedown of content with a mere valid DMCA takedown notice. Even if you respond with an appropriate counter notice, the materials will likely be down 10-14 business days. Sending an immediate counter reply could reduce this time period since the Complainant may agree that its notice included incorrect assumptions and withdraw the takedown demand.