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Frequently Asked Questions

Do I need to file a trademark application?
Do you want to create public awareness of your products or services in order to maximize its uniqueness and set it apart from competitors?
If you answered yes, then you it sounds like you may have a product or service that you would like to brand. In other words, you may need to file a trademark application.

A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another.

For example, the trademark "Exxon®," identifies the gasoline and oil products made by Exxon and distinguishes them from gasoline and oil products made by other companies (e.g. Shell or British Petroleum).

Similarly, the trademark "Legal Sleuth®" distinguishes the legal services and information of one particular service provider from the legal services and information of another (e.g. Findlaw). When such marks are used to identify services rather than products, they are called service marks, and are generally treated just the same as trademarks.
If you need a help with your trademark applications, maintenance of your trademarks and/or enforcement of your trademark rights, please use our Intellectual property: trademark inquiry form to contact us so we can discuss your new or existing trademark application.

 
How do I pay for legal assistance?
Here at the Gooch Law Firm, we handle personal injury claims on a contingency basis (contingent fee).
In other words, you don’t have to pay anything unless and until we win your case. Our fees and case-related expenses will be deducted from your gross settlement or award and then you are paid. Therefore, if there is no recovery, we don’t get paid. We have the experience and resources to fight the fight, and we’ll keep fighting to get you the money damages you deserve.
If you or someone you love has a personal injury claim, please use our Free personal injury case evaluation review form to contact us so we can discuss your potential personal injury claim with you.

 
Do I need a patent infringement lawyer?
Do you have a U.S. Patent? Is someone making, using or selling your invention without your permission?
If you have a patent granted by the U.S. Government through the U.S. Patent and Trademark Office and you believe that someone or entity is making, using, or selling the invention in the United States without your permission, you may have a patent infringement lawsuit and be entitled to an injunction, reasonable royalties or damages.
If you believe someone or an entity is making, using or selling (infringing) your U.S. patent, please use our Intellectual property: patent infringement case evaluation form to contact us so we can discuss your potential patent infringement case.

 
Do I have to go to court?
If the defendant refuses to pay you an acceptable amount, then we will probably have to proceed in court.
Too many personal injury lawyers just try to settle your claims quickly and do not want to go to trial. Our experienced personal injury lawyers know how much you’re entitled to and we try to make sure you’re fairly compensated for your injuries and losses.
If you or someone you love has a personal injury claim, please use our free personal injury case evaluation review form to contact us so we can discuss your potential personal injury claim with you.

 
How do I choose the right personal injury attorney?
At the Gooch Law Firm, we are not afraid to go to trial.
Some personal injury lawyers just try to settle your claims quickly and do not want to go to trial. Sometimes the defendants (e.g., insurance companies) know this and don’t offer big settlements. We have the experience and resources to fight the fight, and we’ll keep fighting to get you the money damages you deserve.
If you or someone you love has a personal injury claim, please use our Free personal injury case evaluation review form to contact us so we can discuss your potential personal injury claim with you.

 
Do I need a copyright infringement lawyer?
Do you have a registered copyright? Is someone using your copyright without your permission?
If you have a copyright registered by the U.S. Government through the U.S. Copyright Office and you believe that someone or entity is using your copyright without your permission, you may have a copyright infringement lawsuit.
If you believe someone or entity is infringing your copyright, please use our Intellectual property: copyright infringement inquiry form to contact us so we can discuss your potential copyright infringement claim.

 
How long do cases usualy take before they settle?
It depends.
Personal injury cases can vary from months to years.
If you or someone you love has a personal injury claim, please use our Free personal injury case evaluation review form to contact us so we can discuss your potential personal injury claim with you.

 
How long do I have before I have to file my claim?
The Statute of Limitations
Statute of limitations (SOL) refers to the time period within which a cause of action - wrongful death, personal injury, property damage, patent infringement (laches) and others - must be brought after the cause of action accrues. This time period varies from state to state and the cause of action. Depending on the state and the cause of action, there may be an exception to the general rule called the "Discovery Rule." If you don't bring your claim within the SOL time period, you will most likely be barred from bringing your claim at all. Remember, time is of the essence when in any situation dealing with personal injuries and other claims.
If you or someone you love has a personal injury claim, please use one of our free case evaluation review forms to contact us so we can discuss your potential claim with you.

 
Do I need a trademark infringement lawyer?
Do you have a registered trademark/servicemark?
 Is someone or entity using your trademark to promote or sell their goods or services without your permission?
If you have a trademark/servicemark registered by the U.S. Government through the U.S. Patent and Trademark Office and you believe that someone or entity is using a mark that is identical or confusingly similar on or in relation to goods or services similar to yours, you may have a trademark infringement lawsuit.
If you believe someone or entity is infringing your trademark, please use our Intellectual property: trademark infringement inquiry form to contact us so we can discuss your potential trademark infringement claim.

 
What are compensatory damages?
Compensatory damages exist to compensate an injured person!
Generally, compensatory damages "compensate" the injured person for various kinds of losses or damages. Punitive damages may be recoverable in certain circumstances.
If you or someone you love has a personal injury claim, please use one of our free case evaluation review forms to contact us so we can discuss your potential claim with you.

 
What are punitive damages?
Punitive damages exist to punish a wrongdoer!
Generally, punitive damages exist to punish or make an example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. Punitive damages may be recoverable in certain circumstances.
If you or someone you love has a personal injury claim, please use one of our free case evaluation review forms to contact us so we can discuss your potential claim with you.

 
What is medical malpractice?
Medical malpractice or professional negligence is the failure of a health care provider to render care in keeping with a standard of care.
In other words, a doctor, nurse or technician does something not in keeping with good practice, or fails to do something necessary for the patient's good care.
If you believe that you or someone you love has been a victim of medical malpractice, please use our Free medical malpractice case evaluation review form to contact us so we can discuss your potential medical malpractice claim with you.

 
Does nursing home abuse really happen in this country?
Absolutely!
On any given day, approximately 1.6 million people live in approximately 17,000 licensed nursing homes.

According to a report on nursing home and other related facilities issued by the U.S. House of Representatives of the United States Congress in 2001, abuse in nursing homes more prevalent that once thought and on the rise.

Each year thousands of our elderly or disabled nursing home residents across our nation become victims of abuse and/or neglect.

If you suspect that someone you love has been abused or neglected at a nursing home, please use our Free nursing home abuse case evaluation review form to contact us so we can discuss your potential nursing home abuse and neglect claim.

 
Are there signs that I should watch for that might indicate nursing home abuse and neglect?
There are many signs that may be common to nursing home abuse and neglect!
There are many signs that may be common to nursing home abuse. Some of the most common signs of nursing home abuse and neglect include:
  • Untreated bedsores;
  • Open wounds, cuts, bruises or welts;
  • Torn clothing or broken personal items;
  • Bruises in a pattern that would suggest restraints;
  • Excessive and sudden weight loss;
  • Fleas, lice, dirt on elder or in the elder's room;
  • Abnormally pale complexion;
  • Frequent falls
  • Fecal/urine odors; and
  • Poor personal hygiene or other unattended health problems.
If you suspect that someone you love has been abused or neglected at a nursing home, please use our Free nursing home abuse case evaluation review form to contact us so we can discuss your potential nursing home abuse and neglect claim.

 
What if I suspect nursing home abuse and neglect?
If you suspect nursing home abuse or neglect, the matter should be investigated immediately!
To help in the investigation, you should keep all of the records, continue to observe and take notes of everything you’ve seen, and take pictures of any injuries - bruises etc. - or other evidence that’s related to the abuse and/or neglect.
If you suspect that someone you love has been abused or neglected at a nursing home, please use our Free nursing home abuse case evaluation review form to contact us so we can discuss your potential nursing home abuse and neglect claim.

 
What is a trademark?
A trademark is a word, symbol, or phrase, used to identify a particular manufacturer or seller's products and distinguish them from the products of another.
For example, the trademark "Exxon®," identifies the gasoline and oil products made by Exxon and distinguishes them from gasoline and oil products made by other companies (e.g. Shell or British Petroleum). Similarly, the trademark "Legal Sleuth®" distinguishes the legal services and information of one particular service provider from the legal services and information of another (e.g. Findlaw). When such marks are used to identify services rather than products, they are called service marks, although they are generally treated just the same as trademarks.
If you need a help with your trademark applications, maintenance of your trademarks and/or enforcement of your trademark rights, please use our Intellectual property: trademark inquiry form to contact us so we can discuss your new or existing trademark application.

 
Do I need a domain name dispute lawyer?
Do you own the rights to a domain name? Is someone else using your domain name?
If you own the rights to a domain name that has been registered by someone else and/or being used by someone else and you want to be able to use that domain name for yourself, you may need to file a domain name dispute lawsuit.
Please use our Intellectual property: domain name dispute case inquiry form to contact us so we can discuss your potential domain name dispute case.