Urban Thier Federer & Chinnery, P.A.

Urban Thier Federer & Chinnery, P.A. (“UTFC”), has now represented approximately 500 units at the Lake Austin Reserve development.   Of those units, over 450 are now fully settled and/or at final Judgment.  UTFC remains the only law firm to have ever recovered a purchaser’s entire deposit in the Lake Austin Reserve (Avalon, Grande Palisades, Magnolia Woods, or Palisades phases).  To the best of our knowledge, UTFC is also the only law firm to have recovered not just the 10 percent of the purchase price being held in escrow but also the accumulated interest on that amount.

Former and current clients have made us aware of various individuals who are sending out misleading emails and blogs on the internet claiming that they have special access to lawyers who can collect more or claiming to have special financial data that will enable recovery of additional amounts.  UTFC cautions and warns all Lake Austin Reserve purchasers to be very careful when dealing with these individuals as much of the information on the internet appears to be less than truthful or complete.

Urban Thier Federer & Chinnery Limited continues to work with The Affinity Partnership to educate purchasers on their legal rights and options.  In early March 2011, John L. Urban traveled to the United Kingdom and met with 100s of Lake Austin Reserve purchasers in London, Birmingham, Darlington and Swindon.  At the meetings, purchasers were informed of the status of the Lake Austin Reserve development, their legal rights and options, and were able to ask questions both in a group setting and a one-on-one basis.  The vast majority of the Lake Austin Reserve purchasers who retained UTFC in March and April 2011 now have final Judgments from the federal United States District Court for the Middle District of Florida awarding them their entire deposits paid plus interest, attorney fees and court costs.

If you are still a party to an Agreement for Sale contract obligating you to purchase an Avalon, Grande Palisades, Magnolia Woods and/or Palisades unit at Lake Austin Properties I, Ltd.’s Lake Austin Reserve, we encourage you to contact our Orlando, Florida, office to explore and discuss your legal rights and options.  UTFC is the only international law firm representing Lake Austin Reserve purchasers and has represented more purchasers than all other law firms combined.  With offices in both Florida and Europe, including two offices in the United Kingdom, we are uniquely positioned to serve United Kingdom based and other international clients.

UTFC encourages all purchasers to do their own independent due diligence and research.  You can also learn more about Lake Austin Properties I, Ltd.’s Lake Austin Reserve Grande Palisades, The Avalon and Magnolia Woods Resort phases via these previous articles:

Lake Austin Properties I, Ltd. Eleventh Update – Lake Austin Announces Deal With Malbec Investments – July 27, 2011

Lake Austin Properties I, Ltd. – Tenth Update – Urban Thier Federer & Chinnery, P.A. Answers Lake Austin Reserve Purchases’ Questions in Person in the United Kingdom and Provides Factual Information – April 1, 2011

Lake Austin Properties I, Ltd. Ninth Update – Lake Austin Properties I, Ltd., Raises Bankruptcy and Other Issues to Encourage Grande Palisades, Avalon and Magnolia Woods Purchasers to Continue with an Economically Unjustifiable Purchase. – February 24, 2011

Lake Austin Properties I, Ltd. Eighth Update – Lake Austin Reserve Developer Visits United Kingdom to Propose REIT Concept – February 10, 2011

Lake Austin Properties I, Ltd. Seventh Update – The Importance of Understanding Your Chosen Law Firm’s Litigation Strategy and Your Own Litigation Priorities – February 9, 2011

Lake Austin Properties I, Ltd. Sixth Update – Lake Austin Joins Forces with IAP/IAP Global Veteran to Replace The Affinity Partnership, Ltd. – January 25, 2011

Lake Austin Properties I, Ltd. Fifth Update – The Grande Palisades and Lake Austin Properties I, Ltd. High Pressure Tactics – December 3, 2010

Lake Austin Properties I, Ltd. Fourth Update – The Future of the Grande Palisades and the Oversupply of Disney Area Condominium Hotels (Condo-Hotels) – November 12, 2010

Lake Austin Properties I, Ltd. Third Update – Fuel USA and Affiliated Attorneys and Solicitors – November 5, 2010

Lake Austin Properties I, Ltd. Second Update – The Affinity Partnership, Ltd. and Related Entities – July 30, 2010

Lake Austin Properties I, Ltd. Update – Status of Buyers’ Deposits – June 28, 2010

Lake Austin Properties I, Ltd. Grande Palisades, Avalon and Magnolia Woods – Status and Rights – January 30, 2010

We encourage all purchasers to interview any attorney that they may be contemplating to retain and to ask that attorney for their experience, record in this area of the law, number of cases taken to final judgment, number of cases affirmed on appeal, number of attorneys in the firm, firm staff, resources, etc.  We sincerely believe that purchasers should not retain an attorney or law firm until they are confident that 1) the law firm has the experience and resources to represent their best interest and 2) they fully understand the law firm’s litigation strategy.

The Florida Bar, which regulates all attorneys who are licensed to practice law in the State of Florida, provides strict guidelines which prohibit us from referring to past successes or results obtained for other purchasers in this or other developments.  However, we can provide you with this and other information in response to any inquiry.  Accordingly, we encourage you to contact us via the “Contact Us” page and we will promptly respond with additional information.

With attorneys in Orlando, Florida, Munich, Germany, and Manchester and London, United Kingdom, Urban Thier Federer & Chinnery, P.A., Urban Thier Federer & Chinnery, Rechtsanwälte and Urban Thier Federer & Chinnery Limited continue to assist buyers throughout the United States and European Union countries who are seeking to terminate their pre-construction purchase agreements.  Most cases can be handled on a contingency fee basis (client is responsible for costs).

We encourage you to explore our websites – www.urbanthier.com (United States office), www.urbanthier.de (German office) and www.urbanthier.co.uk (UK office) to learn more about Urban Thier Federer & Chinnery, P.A., Urban Thier Federer & Chinnery, Rechtsanwälte, Urban Thier Federer & Chinnery Limited (SRA Number 559959) and their attorneys and practice areas.  Urban Thier Federer & Chinnery, P.A.’s representation of buyers includes litigation of cases in state court, federal court and arbitration proceedings.  We encourage you to become informed of your rights and options.  You should also ensure that any law firm you consult or retain to represent you has the experience, resources and ability to take your case through trial and appellate courts, if necessary.

Please note that Urban Thier Federer & Chinnery, P.A. does not represent you and cannot take any action on your behalf unless and until you enter into a formal written Legal Representation Agreement.

Germany, to a large extent, recognizes the formal validity of US wills which are valid according to the different states of the United States of America.

The implementation of an American will in Germany regularly requires the ruling of a German probate court.  American wills are recognized by German probate courts in accordance with the Rule of German International Private Law, Article 26 of the German Introductory Act to the German Civil Code (EGBGB) (http://dejure.org/gesetze/EGBGB/26.html).  Article 26, Para. 1, Nos. 1-5 state that it is sufficient for the recognition of foreign wills in Germany, if the testamentary disposition is valid either:

-          according to the law of the country of which the testator was a citizen at the time of his/her death, or

-          according to the law of the place at which the will was prepared, or

-          according to the place at which the testator had his usual domicile or residence at the time the will was prepared, or

-          according to the law of the location of any bequeathed real estate property is located, if such is affected, or

-          according to the law which is to be utilized for the legal succession due to death.

Therefore, it is sufficient in case of a testator with a will according to US rules for formal recognition that he/she was an American citizen at the time the will was prepared OR at the time of his/her death OR that the will was prepared in the United States OR that he/she had her residence there at the time the will was prepared.

The formal recognition of a US will in Germany does NOT mean that the content of the US will is to be implemented in its entirety and without further examination.  Here, the rules of Article 25, Para. 1 and 2 EGBGB are to be used.  According to this, inheritance matters are to be evaluated according to the law of the country of which the testator was a citizen at the time of his death (citizenship).  The testator does however have the option to choose the application of German law for property which is located in Germany when it comes to legal succession.

We guide our clients through the process of having the US will recognized and stand by them during the execution of the estate in Germany.

Carl Christian Thier (admitted in Germany and New York)

In connection with this, the following needs to be understood:  The American legal system is structured differently than the German legal system.  The individual states of the USA retain a significantly higher regulatory freedom towards the Federal Government than the German Federal States have towards the German Federal Government.  Following this premise, a law was passed in the USA for the standardization of estate matters, which provides the individual states with recommendations for implementation.  This “Uniform Probate Code” (“UPC”) also addresses the question of the recognition of “foreign wills” in article 2-506.  According to this, it is sufficient for the recognition of a foreign will as formally valid if said will was either prepared according to the laws of the place of preparation of the will or according to the laws of the place of residence, usual domicile, or citizenship of the testator at the time of the preparation of the will or at the time of his/her death.  In article 2-502 (b), the UPC states that a will is valid as a hand-written will when it is composed in substantial parts in hand-writing and signed by hand.

The individual states of the USA are free to implement the UPC without changes, implement it in a modified form, or to ignore it completely.  For example in the state of New York a will that is hand-written by the testator is invalid, unless it is recognized as formally valid according to the rules of recognition of foreign wills.  Article 3-5.1 (c) and (d) of the “Estate, Powers and Trusts Law” (“EPTL”) state with regards to “foreign wills” that such are recognized if they were either prepared according to the applicable laws at the time of preparation at the place where the will was prepared, or according to the laws applicable at the time of preparation or death at the place of residence of the testator.   A German hand-written will without witnesses is therefore to be considered formally valid in the state of New York.

In the state of Florida, where a lot of Germans have purchased homes and therefore have these to bequeath, the legal situation is completely different:

Florida did not implement the UPC with regards to hand-written documents.  There is no regulation with regards to foreign wills, which changes the general rule that a hand-written will is to be authenticated by two witnesses.  Accordingly, there is a ruling by the District Court of Appeal of Florida, Second District (Schula v. Salathe, 703 So.2d 1167 (1997)) which specifically finds that a German hand-written will (without witnessing of the signature by third parties), which is formally valid according to German law, is not recognized in Florida and that the rules of intestate succession are to be applied.

Because of this, it is imperative that German home owners in Florida prepare a will which is valid according to Florida law, if they wish to actively decide who should inherit their Florida assets.

We offer our clients comprehensive advice and support with regards to the formal validity of a will as well as with regards to the implementation.  Other important points of consideration are the German “Pflichtteil” (“Compulsory Share According to German Law”) and in particular the issue of international taxation.

Carl Christian Thier (admitted in Germany and New York)

John L. Urban (admitted in Florida and Georgia)

Personal injury and death can occur for a number of different reasons.  However, regardless of how severe the injuries, a successful case depends on proving the fault or liability of another.  Typical causes of personal injury and death due to the negligence or fault of another include, but are not limited to, automobile accidents (motorcycle, car, truck/lorry, bus, etc. – pedestrian, single vehicle and multivehicle accidents), premises liability (improperly maintained, secured or equipped buildings), negligent security (hotels, motels, restaurants, bars, and other areas where the public is invited and adequate or appropriate security is not provided), water related activities (cruise ships, boating accidents, swimming pools, etc.), and many other causes.

Finally, liability is a fact intensive analysis.  Often witnesses will provide conflicting testimony due to fading memories, different perspectives, and incentives to protect themselves or friends and family.  This is why it is especially important to ensure that you promptly gather all evidence (for example, names of witnesses, including telephone numbers, addresses, etc.) and make your own outline of what happened when, where, how, etc.

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Such damages include, but are not limited to, past, current and future medical expenses, pain and suffering, lost wages and income, loss of enjoyment of life, loss of support and enjoyment of life (loss of consortium) of family members of the injured or deceased, and other losses resulting from the injury or death.  Personal injury damages routinely include compensation for reduction in life expectancy, scarring and disfigurement, and permanent, as well as temporary, disability.  Damages may also include compensation for psychological injuries such as therapy, psychiatric treatment, rehabilitation, retraining, and other non-physical injuries or losses resulting from the incident that caused the injury or death.  Additionally, any loss of or damage to property may also be included in damages.

Although the laws in the United Kingdom and Germany, as well as most other European Union countries outline similar damages as those in the United States, United States courts have traditionally been more generous in the amount of damages awarded.  Although the vast majority of personal injury and wrongful death cases are settled after a lawsuit has been filed but before a full trial has been conducted by the court, defendants and insurance companies are acutely aware that any trial may be conducted before and decided by a jury.  Accordingly, those cases that are properly and diligently prepared to win at trial, are the most likely to result in a significant settlement for the plaintiff client.

Proving damages can require not only medical records from treating physicians, but also the testimony of treating physicians, experts, and others.  Urban Thier Federer & Chinnery, P.A. has extensive experience working with medical professionals not only to secure medical records, psychological treatment records, lost wages proof, and other documentary evidence, but also in securing testimony, including translations where necessary, to ensure that a strong damages case is put forward.

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June 2, 2011: Where You Injured on Vacation,Holiday or While Traveling in the United States?

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March 9, 2010 : Did you sustain personal injuries while in the United States?

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If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Liability:

Liability is determination of who is at fault for an injury or death.  Many times more than one party is at fault.  For example, in an automobile accident case, the client/injured party, another driver, vehicles owners, and others may all be at least partially liable or at fault for an accident.  As another example, in a premises liability case (for example where a client is injured in a hotel, motel, restaurant, or other place where the public is invited), the client/injured party, the owner of the premises, the individual causing the injury, employers, and/or others may bear responsibility or liability for the injuries.  The law may provide that each party be held liable for its share of responsibility.

Damages:

Damages are how the law compensates an individual for his or her damages.  Unfortunately, the law cannot undo an injury or death.  Accordingly, the law seeks to assign a monetary amount to compensate the injured or deceased for such aspects as past, current and future medical expenses, pain and suffering, lost wages and income, loss of enjoyment of life, loss of consortium or enjoyment of life of family members of the injured or deceased, and other losses resulting from the injury or death.

Other Considerations:

Who To Sue:

In addition to the basic liability and damages analysis, an experienced law firm will also analyze a case from an economic perspective.  Which people and/or entities to include as defendants in a personal injury or wrongful death lawsuit often depends on the insurance coverage and financial resources of those who may be liable.  A successful lawsuit against a party who has no financial resources can be a hollow victory if no funds can be recovered.

Urban Thier Federer & Chinnery, P.A. has extensive experience dealing with insurance carriers, insurance coverage issues and analyzing all potentially liable parties to maximize each client’s potential recovery.  Such potentially liable parties and insurance companies may include automobile insurance carriers, rental car companies, premises liability insurance coverage, homeowner’s insurance coverage, general liability coverage, and other sources.

The Client’s Financial Obligation for the Case:

For cases where the injury and legal action are based in the United States, Urban Thier Federer & Chinnery, P.A. handles the cases on a strict no win/no fee or contingency fee basis.  This means that if Urban Thier Federer & Chinnery, P.A. agrees to represent you and accept your case (which is done via a written Legal Representation Agreement) the law firm will only be paid if and when funds are actually recovered in your case.  Such compensation is strictly limited to a percentage of the total actual recovery.  As a result, clients can rest assured that this law firm’s interests and goals are the same as yours – to ensure the recovery of the maximum compensation for your injuries and loss.

Issues Unique to International Cases:

Especially for those injured in the United States but residing outside of the United States, the defendants and insurance companies will often seek to have the case transferred to where the plaintiff/client resides.  This is because the United States laws, although similar to United Kingdom, Germany and other European countries’ laws, often result in significantly more generous damages awards to those who are injured or killed due to the fault or negligence of another.  As a result, United States based defendants and insurance companies will often seek to have the case dismissed or moved to the plaintiffs’ home country in an effort to minimize any damages award.  Such issues often have very little relation with the personal injury or wrongful death aspects of a case and are best addressed by a law firm, such as Urban Thier Federer & Chinnery, P.A., that has experience litigating these types of international and related legal issues.

Another issue unique to international personal injury and wrongful death cases is securing proof of damages.  For injuries and deaths that occurred in the United States, the liability evidence and facts are usually readily available in the United States and can be secured via the United States legal action.  However, a large portion of the damages evidence is often located in the client’s home country where treating physicians are located, where medical care and rehabilitation medical records are located, and where damages such as lost wages, lost income, future medical expenses, rehabilitative expenses, and other damages are incurred.  Urban Thier Federer & Chinnery, P.A., especially for United Kingdom and Germany based clients, routinely utilizes its international legal team to bridge legal, geographical, cultural and other differences in order to secure such damages evidence.

For those cases where Urban Thier Federer & Chinnery, P.A. determines that a client’s case may be best served by teaming up with other attorneys or law firms, this law firm has a network of other law firms and attorneys who we have worked with in the past.  Urban Thier Federer & Chinnery, P.A. is also well versed in identifying, screening and selecting law firms and attorneys throughout the United States as needed to ensure each client’s case is handled in the most effective and efficient manner to ensure the maximum recovery.

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If you have been injured outside of your home country — we are the international legal professionals to handle your case.

You need the help of professionals who are equipped to function in the international arena.  Urban Thier Federer & Chinnery, P.A. are the professionals who are equipped and ready to utilize health care professionals around the globe, to translate medical documents, to navigate international laws, and to resolve unique issues of insurance coverage and time sensitive limitations that may face your unique situation.

Personal injury law in the United States strives to compensate injured people for provable damages caused by the wrongful conduct of another.

If you are injured in the United States, you might not understand how the health care system works, how lawyers are compensated, how insurance works to help you, how to preserve and file your claim.

Do you have to return to the United States?  Do you need an English speaking doctor?  Can you sue in a United States court if you do not live in America?

These can be some intimidating questions.  But we have the answers to your questions!

Urban Thier Federer & Chinnery, P.A. has offices outside the United States to assist in gathering evidence and filing claims in other countries to assist in your claim in the United States.

Very few law firms are ready to help someone with your unique challenges.

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Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Our clients take great comfort in knowing that they are being represented by both United States and European Union based attorneys working as a team in the same law firm.  Our Orlando, Florida, and Munich, Germany, offices are staffed by fully German-English fluent attorneys and staff.  This allows our clients to focus primarily on their own recovery while we focus on securing compensation for their injuries and damages.  It also allows for quick and accurate translation of medical records and other documents.

When appropriate for a given case, we utilize our expansive network of personal injury attorneys throughout the United States and European Union countries to ensure that even if a client is injured outside of a state or country where Urban Thier Federer & Chinnery, P.A.’s attorneys are admitted to practice, we can still serve the client’s needs and best interests.  Urban Thier Federer & Chinnery, P.A.’s legal professionals have assisted personal injury and wrongful death clients throughout the State of Florida, the United States, Europe and other countries.

It is also important to note that regardless of whether you were visiting the United States for a few days or residing in the United States for a longer period of time, if you were injured in the United States, you have the right to seek compensation for your injuries regardless of your country of origin, country of residence or citizenship status.  It is also important to note that under certain circumstances you may be able to sue in the United States for an accident that occurred outside of the United States caused by someone who resides in the United States.

Given our personnel, experience and other resources, we are able to assist you in navigating the legal system both in the United States, to secure compensation, and in Germany and other countries, as needed to secure medical records, treating physician testimony, and other evidence.  Many who are injured or had loved ones who died in the United States do not even realize that they have a strong claim and may be entitled to significant compensation.  In some cases these clients are purposefully misled and misinformed by potential defendants who want to avoid being sued.  These clients may also have been provided with false information by self-proclaimed international attorneys and law firms who often have a single office, no foreign offices, limited resources, limited staff, and simply lack the experience to provide accurate and competent advice.

Urban Thier Federer & Chinnery, P.A.’s United States based attorneys have represented many 100s of personal injury cases including many German and other European Union based personal injury clients.  Unlike in Germany and other European Union countries, in the United States attorneys can represent personal injury and wrongful death clients on a contingency fee (percentage of recovery) no win/no fee basis.  For those clients with Rechtsschutzversicherung (attorney fees insurance coverage) Urban Thier Federer & Chinnery, P.A. routinely works with such companies and is well versed in ensuring that coverage is paid to cover attorney fees and/or costs as permitted under the client’s policy.

When needed, Urban Thier Federer & Chinnery, P.A. identifies, screens, retains and partners with other law firms throughout the United States to ensure that a local law firm works with us to maximize any recovery.  We are experienced in working with other attorneys outside of the law firm to build whatever legal team is best suited to maximize the client’s recovery.  In such instances, there is no extra fee to the client and the law firm arranges an appropriate fee sharing arrangement with the other law firm.  This allows the client to benefit from a law firm with the international experience as well as a local law firm that will work as a team to maximize your potential recovery.

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Were You Injured on Vacation,Holiday or While Traveling in the United States?

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Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

What to do if Injured while in the United States:

If you or someone traveling with you is injured or killed while on vacation/holiday in the United States, you should immediately contact the authorities and appropriate medical professionals. You should also, as soon as practical, write down the names of all potential witnesses (bystanders, police, emergency responders, etc.) as well as the date, time and details of what happened.

It is also important that you promptly contact an attorney, lawyer, barrister or solicitor of your own choice. Urban Thier Federer & Chinnery, P.A. also encourages potential clients to feel free to interview more than one attorney in order to ensure that they select whichever law firm they believe will do the best job for their case. As a first step, we encourage you to fill out the Contact Us form to the right.

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If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Placing a trademark on the Principal Register at the USPTO provides many advantages, including: 1) public notice of the registrant’s claim of ownership of the mark, 2) legal presumption of the registrant’s ownership of the mark and the registrant’s exclusive right to use the mark nationwide, 3) ability to bring an infringement action in federal court, 4) ability to file the U.S. registration with the U.S. Customs Service to prevent unauthorized importation of infringing goods, and 5) use of the U.S. registration as a basis for international and foreign trademark registration.

For those trademark and service marks not meeting the requirements of registration of the Principal Register, the Supplemental Register may be utilized.

At the state level, for example in Florida, trademarks and service marks may be registered with the Florida Department of State.  The right to exclude others from using the mark in commerce extends within the state territory.

See also:

Trademark

Trademark Application

Related links:

Useful Links – U.S. Patent and Trademark Office