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Clients like this type of fee because there is a measure of certainty in the arrangement.
The good news for claimants is that in some cases under the LHWCA/DBA act the employer’s insurance company is responsible for the claimant’s attorney fees. Keep in mind that this does not apply to every case. This situation only arises where there is a dispute as to the claim and you haven’t been paid. If you have been hurt, filed ...
If you have a claim that is being disputed, don’t try to resolve this without help. In most disputed cases, if you are successful, the employer or carrier will be responsible for the attorney’s fees. You need an experienced, dedicated advocate who is knowledgeable in this area of law.
Attorney fees for LHWCA/DBA claims are not paid by the traditional methods of which you may be aware. There are special rules for these claims. First, let’s review some traditional attorney payment arrangements.
You may have heard advertisements on television. or radio from personal injury lawyers who state that there is no fee until they win the case. These attorneys are working on a contingency basis, and you contract with them for a percentage of the award. So it is true – if there is no verdict or settlement in that type of case, there is no fee. (But you might be responsible for the costs of the litigation, such as filing fees) The attorneys are motivated to get the best verdict or settlement for the client, because their fee increases proportionately.
The good news for claimants is that in some cases under the LHWCA/DBA act the employer’s insurance company is responsible for the claimant’s attorney fees. Keep in mind that this does not apply to every case. This situation only arises where there is a dispute as to the claim and you haven’t been paid. If you have been hurt, filed a claim and are being paid, this does not apply to your case.
Specifically, a DBA, also referred to as Doing Business As, is a unique name that is used to distinguish the name of your company from your DBA. A DBA is also known as a fictitious business name or trade name.
Even if you operate a corporation or LLC, but want to use a different name, using a DBA will help cut costs and avoid additional complexities as you continue to grow your business. An example of this would be if you plan on opening several restaurants, you might want to set up one larger corporation and then have a generic DBA name that you can use for the restaurant. Similarly, you might also want to create separate DBA names for each restaurant that you operate.
Registering a DBA can prevent a business owner from having to form a separate business entity. If you intend on doing business through a DBA, you should ensure that you formally register your DBA. Once you do, you are ensuring that you have remained compliant with the law.
In order to file your DBA name, some states require that you publish the name in your local newspaper for a number of weeks prior to completing registration.
For example, Pennsylvania charges a one-time initial fee of $70 whereas Los Angeles charges a $26 initial fee, along with an ongoing $26 fee to be paid on an annual basis. Furthermore, the Florida charges approximately $55-65 to register a DBA. Generally, you can expect to pay between $10-$100 to formally register your DBA.
A Defense Base Act lawyer will track hours worked and calculate total fees based on their hourly rates. The court or district director must approve these fees if they are not charged directly to you.
Most of the time you will not be directly responsible for paying your attorney’s DBA fees for defense.
There are some cases where you may need to pay fees to a Defense Base Act attorney. Some firms will charge clients fees if the insurance company approves the attorney’s initial claim and terms within the 30 day period. However, most lawyers will be honest about their legal fees during consultations and never surprise you with charges.
If you have sustained an injury overseas and need an experienced Defense Base Act attorney, the defense should not cost you more than the injury.
What’s the Defense Base Act, and Why Do You Need a DBA Lawyer? According to the United States Department of Labor (DOL), Defense Base Act (DBA) is a program that offers workers’ compensation coverage to civilian workers outside the U.S who work in US military bases and other U.S government projects. This program is part of the part of the Division ...
Since you got injured while overseas, handling a DBA case can be a complicated process to manage. However, you can initiate the process by first reporting to a senior officer who ranks above you. A written email or letter is the advisable way to submit your report. Make sure you keep a copy.
It’s the responsibility of your lawyer to review and document you claim to ensure accurate filing. They’ ll also help you to gather evidence, including your work history with your contractor.
DBA requirements vary by state, county, city and business structure, but in general, registering a DBA comes with paperwork and filing fees anywhere from $10 to $100. You’ll either go to your county clerk’s office to file your paperwork or you’ll do so with your state government.
A DBA allows you to do business under a different name than your legal one.
DBA stands for “doing business as.” It’s also referred to as your business’s assumed, trade or fictitious name.
DBA stands for “doing business as.”. It’s also referred to as your business’s assumed, trade or fictitious name. Filing for a DBA allows you to conduct business under a name other than your own; your DBA is different from your name as the business owner, or your business's legal, registered name. That’s because when you form a business, ...
It’s usually best to get this all done before you operate under your intended “doing business as” name; somewhere between 30 and 60 days before you open your doors.
By filing a name for a new branch of the business , the corporation doesn’t have to form a whole new business just to operate under a different name. For example, John’s Cosmetics Inc. might want to have a separate name for its upcoming skin care line, “John’s Skincare Solutions.” This saves an expanding business both the money and time it takes to launch a whole new business under an additional LLC or corporation.
In this article, we'll focus on the acronym DBA. Registering your DBA alone doesn't legally protect your business, but it might be legally required, depending on the state, city or county in which you operate, as well as your business entity.
DBA filings usually cost under $200, but a few states require additional steps, such as publishing notification of the DBA in a newspaper. Because each state’s requirements are different, it’s best to check official state websites or call the Secretary of State or Business Registration office for more thorough instructions.
In some states, you’ll register with the state agency responsible for business filings (usually the Secretary of State). In other states, DBA registration happens at the city or county level. Some states use a hybrid approach, with sole proprietorships and partnerships registering locally and LLCs and corporations registering with the state. And a few states don’t require DBA registrations for certain types of businesses.
A DBA is a formalized, legal nickname for a business or company. DBAs are not separate legal entities from their parent organization and do not serve as a business structure. DBAs also do not provide any sort of asset or liability protection to a business.
Sole proprietorships or partnerships should use DBAs if they want to designate the company name as something other than the last names of the company’s owners. For example, rather than being referred to as “Washington & Adams,” two unimaginative contractors might file a DBA to call themselves “Founding Fathers Roofing.”
A registered DBA means that legally, a business is able to call themselves and conduct business under a different name than the one they may have used when the business was first established. This means that you can use this new DBA name when opening bank accounts, receiving payments and marketing your business. However, the designation provides no form of liability or asset protection for the founding entity.
When a company wants to change its brand representation or marketing strategy, filing for DBAs may make sense. If a company decides to change the name it uses with customers and its market in general , filing a DBA can be a much simpler process than filing for a legal name change. DBAs can also be used to expand a company’s footprint of brands or expand the type of products or services a company offers while keeping certain brands separate—all without requiring the filing or construction of new corporate structures.
It is possible to hold and use multiple DBA registrations under a single corporate entity, but all of the DBA names will refer to the parent company with respect to any lawsuits or other matters related to legal or financial liability.