Memorial Day marks the start of summer. With summer, motor vehicle accidents increase. Here are some thoughts to drive by.
1. Watch out for motorcycles. It is easy to lose them in your blindspot.
2. Check your rear view mirror. While you have control over where you vehicle is going forward, you have no control over the person behind you who is not paying attention.
3. Be especially careful on the Seward Highway. I have had too many cases involving vehicles trying to pass so that they can move up in line and get somewhere 5 minutes faster.
4. Remember that construction zones carry double fines.
5. If you are an accident victim, it is more important to see a doctor before seeing a lawyer. Remember that there is nothing a lawyer can do to make you better.
If you have questions, call my office at (907) 277 5234. Remember: You have to play your hand smartly. See http://www.junelawyer.com/
Tuesday, May 29, 2012
Monday, May 21, 2012
Payment of Physician for Deposition Testimony
Because being at a deposition means that a physician has been taken away from his livelihood of treating patients, fairness requires that the physician be paid for their professional time. Without payment, usually in advance, physicians will understandably refuse to cooperate in scheduling their deposition. At times, this surprises clients.
What is more surprising is the amount that physicians charge as a "deposition fee." In a recent case, a New York clinic required payment of $11,000 in advance as the "deposition fee" for a physician's assistant and a physiatrist. If an additional $1,500 was paid, the clinic would allow the physician to discuss the case with me before the deposition. A spinal clinic in Denver charged $7,000 for the deposition of a 2 hour deposition of a spinal surgeon. In the end, these fees are the client's responsibility as a necessary cost of the case.
What is even more surprising, however, is the inflexibility of physician's offices to refund any portion of the deposition fee should the deposition be cancelled. In both of the above cases, clinics refused to refund any portion of the fee despite settlement agreements that provided 2 weeks notice of deposition cancellation. Particularly when the fees are the client's responsibility, it is hard to believe that 2 weeks notice does not allow a physician adequate rescheduling time to put the cancelled deposition time to productive use. It is also hard to believe that physicians would impose a cost like this on their patients.
In the end, these practices require the lawyer and client to develop a settlement strategy that avoids unnecessary expenses. You have to play your hand smartly. See http://www.junelawyer.com/.
What is more surprising is the amount that physicians charge as a "deposition fee." In a recent case, a New York clinic required payment of $11,000 in advance as the "deposition fee" for a physician's assistant and a physiatrist. If an additional $1,500 was paid, the clinic would allow the physician to discuss the case with me before the deposition. A spinal clinic in Denver charged $7,000 for the deposition of a 2 hour deposition of a spinal surgeon. In the end, these fees are the client's responsibility as a necessary cost of the case.
What is even more surprising, however, is the inflexibility of physician's offices to refund any portion of the deposition fee should the deposition be cancelled. In both of the above cases, clinics refused to refund any portion of the fee despite settlement agreements that provided 2 weeks notice of deposition cancellation. Particularly when the fees are the client's responsibility, it is hard to believe that 2 weeks notice does not allow a physician adequate rescheduling time to put the cancelled deposition time to productive use. It is also hard to believe that physicians would impose a cost like this on their patients.
In the end, these practices require the lawyer and client to develop a settlement strategy that avoids unnecessary expenses. You have to play your hand smartly. See http://www.junelawyer.com/.
Tuesday, May 15, 2012
After Settling Case, Client Has Second Thoughts
A former client called me because she had settled a claim at mediation through another lawyer and was having second thoughts. Her settlement had come after a long day of stress at the end of which the defense insisted that she sign a document agreeing to the settlement. Her concern was that she had been pressured into agreeing to an unfair settlement.
We talked about both the strengths and weaknesses of her case, the total amount of the settlement and the other important factors. At the end, while one always hopes for a greater recovery, the client came to the conclusion that the settlement was fair under the circumstances.
I did tell her that she had 2 unattractive options. While the client could refuse to complete her settlement, the other side had the ability to enforce the agreement she signed and likely recover the legal fees required to do so, thereby reducing the settlement. The second option is to terminate her professional relationship with her lawyer in which the lawyer would have a lien for the fee related to the agreed-upon recovery.
The more important lesson is that clients should understand the strengths and weaknesses of their case before attending a mediation so that they do not feel pressured to settle their claim. You have to play your hand smartly. See http://www.junelawyer.com/
We talked about both the strengths and weaknesses of her case, the total amount of the settlement and the other important factors. At the end, while one always hopes for a greater recovery, the client came to the conclusion that the settlement was fair under the circumstances.
I did tell her that she had 2 unattractive options. While the client could refuse to complete her settlement, the other side had the ability to enforce the agreement she signed and likely recover the legal fees required to do so, thereby reducing the settlement. The second option is to terminate her professional relationship with her lawyer in which the lawyer would have a lien for the fee related to the agreed-upon recovery.
The more important lesson is that clients should understand the strengths and weaknesses of their case before attending a mediation so that they do not feel pressured to settle their claim. You have to play your hand smartly. See http://www.junelawyer.com/
Tuesday, May 8, 2012
The Police Officer's/Firefighter's Rule
A police officer and firefighter have recently contacted my office for representation on injuries suffered in the line of duty. The officer was injured by a negligent motorist, was in the wrong place at the wrong time, and the negligence was not related to the officer's task at the moment. The firefighter was injured on a call.
There is a legal doctrine called the "Firefighter/Police Officer's Rule" that precludes recovery for injuries strictly in the line of duty. The reasoning is that these public servants assume the risk of these injuries when they enter the profession and that this is the reason that their unions negotiate their benefit packages. However, the same doctrine allows recovery if injuries result from negligence or mistakes having nothing to do with the the call.
The result is that the police officer can recover for his injuries but the firefighter cannot. You have to play your card hand smartly. See http://www.junelawyer.com/
There is a legal doctrine called the "Firefighter/Police Officer's Rule" that precludes recovery for injuries strictly in the line of duty. The reasoning is that these public servants assume the risk of these injuries when they enter the profession and that this is the reason that their unions negotiate their benefit packages. However, the same doctrine allows recovery if injuries result from negligence or mistakes having nothing to do with the the call.
The result is that the police officer can recover for his injuries but the firefighter cannot. You have to play your card hand smartly. See http://www.junelawyer.com/
Monday, April 2, 2012
Postcript: Reinstatement of Maintenance and Cure
In my last post, I talked about helping an injured seaman whose maintenance and cure payments were cut off by his vessel and employer without cause. This is an update.
The United States District Court ordered that maintenance and cure be reinstated. In doing so, the Judge recognized that injured seaman had the right to ask the Court to order reinstatement and that any doubts in the evidence should be resolved in favor of the seaman.
Surprisingly, for reasons that I do not understand, the Court refused to order the vessel and employer to pay the lawyer fees necessary to respond to what should have been an unnecessary motion. As a result, I am asking the Court to reconsider its ruling.
This continues to show why injured seaman should hire lawyers to protect their rights. See http://www.junelawyer.com/
The United States District Court ordered that maintenance and cure be reinstated. In doing so, the Judge recognized that injured seaman had the right to ask the Court to order reinstatement and that any doubts in the evidence should be resolved in favor of the seaman.
Surprisingly, for reasons that I do not understand, the Court refused to order the vessel and employer to pay the lawyer fees necessary to respond to what should have been an unnecessary motion. As a result, I am asking the Court to reconsider its ruling.
This continues to show why injured seaman should hire lawyers to protect their rights. See http://www.junelawyer.com/
Monday, March 12, 2012
The Importance of Maintenance and Cure to Injured Fishermen
"Maintenance and cure" are the equivalent of workers' compensation benefits for fishermen hurt while working. "Cure" is the payment for medical care. "Maintenance" is a daily payment for living expenses. Both maintenance and cure are supposed to be automatic and not require the involvement of a lawyer. However, boat owners abuse the system by paying substandard maintenance (Usually $25/day. Try living on $9,125 a year) and declaring the fisherman to be "cured" when his doctors say otherwise.
I have spent the last week trying to help a client on this issue. The injured fisherman called to say that his doctor's office was refusing to schedule an appointment because the boat had not paid the office bills. When the injured fisherman obtained a copy of his account, he discovered that the boat had not been paying for 4 months without the courtesy of even telling him. When I asked for an explanation, the boat announced that all maintenance and cure benefits was immediately terminated. The end result is that I was forced to file an emergency court motion to restart this that, as I write this, has not been ruled upon.
It is this type of conduct that shows why injured fisherman require legal representation. See http://www.junelawyer.com/
I have spent the last week trying to help a client on this issue. The injured fisherman called to say that his doctor's office was refusing to schedule an appointment because the boat had not paid the office bills. When the injured fisherman obtained a copy of his account, he discovered that the boat had not been paying for 4 months without the courtesy of even telling him. When I asked for an explanation, the boat announced that all maintenance and cure benefits was immediately terminated. The end result is that I was forced to file an emergency court motion to restart this that, as I write this, has not been ruled upon.
It is this type of conduct that shows why injured fisherman require legal representation. See http://www.junelawyer.com/
Wednesday, February 29, 2012
Why Do Smart Clients Consider Structures After Signficant Settlements
Over the last 60 days, I have reached settlement agreements in 4 significant cases. In each case, I strongly recommended that my client "structure" receipt of at least part of the settlement through an annuity.
A "Structured Settlement" is a settlement in which the client agrees to be paid over time through the opposing party purchasing an annuity. For example, the client might agree to be paid a fixed amount on an annual or monthly basis. As another example, the client could agree to receive payment of a fixed sum in 5 years when he knows he will have significant expenses. There are several advantages to a Structured Settlement.
One advantage is the accrual of the equivalent of a tax free interest. Under the Tax Code, recovery for a claim of damages due to physical injuries is not considered to be taxable income. However, if you deposity that recovery in a credit union account, the interest on that recovery is taxable. In a structured settlement, the interest component of the purchased annuity is not considered taxable income with the result being that an internal interest rate of 3% may be the taxable interest equivalent of 4%. In today's economy, getting that interest in a conservative investment is a good deal. Over time, it makes the settlement worth more.
A second advantage is that the structured settlement allows the client to protect his recovery through financial planning. Personal injury lawyers have too many war stories of clients losing their money through loans to "friends," investments of "partnerships" with other friends, and simply bad spending decisions. These war stories even include those clients who swear that they will manage their recovery wisely because they know it has to last the rest of their life. A structure allows a client to do financial planning and schedule the receipt of his settlement for when he needs it most like paying for school, buying a house, or paying for medical treatment. A structured settlement also allows a client to tell persons asking about his recovery that his funds are locked up in an investment that he cannot change.
The financial planning advantage of a structured settlement are important for other reasons. No client should have all of his investments in one basket. A structured settlement allows a client to address the need for conservative investments in his investment portfolio.
I am not meaning to disregard the challenges of a structured settlement and the reasons why a client might decide not to do so. The annuity company must be a reputable company of significant size and quality so that the client is comfortable that he will receive his future payments. Also, once the annuity is purchased, its terms cannot change without huge financial penalties. But every clients has to play his had smart. See http://www.junelawyer.com/
A "Structured Settlement" is a settlement in which the client agrees to be paid over time through the opposing party purchasing an annuity. For example, the client might agree to be paid a fixed amount on an annual or monthly basis. As another example, the client could agree to receive payment of a fixed sum in 5 years when he knows he will have significant expenses. There are several advantages to a Structured Settlement.
One advantage is the accrual of the equivalent of a tax free interest. Under the Tax Code, recovery for a claim of damages due to physical injuries is not considered to be taxable income. However, if you deposity that recovery in a credit union account, the interest on that recovery is taxable. In a structured settlement, the interest component of the purchased annuity is not considered taxable income with the result being that an internal interest rate of 3% may be the taxable interest equivalent of 4%. In today's economy, getting that interest in a conservative investment is a good deal. Over time, it makes the settlement worth more.
A second advantage is that the structured settlement allows the client to protect his recovery through financial planning. Personal injury lawyers have too many war stories of clients losing their money through loans to "friends," investments of "partnerships" with other friends, and simply bad spending decisions. These war stories even include those clients who swear that they will manage their recovery wisely because they know it has to last the rest of their life. A structure allows a client to do financial planning and schedule the receipt of his settlement for when he needs it most like paying for school, buying a house, or paying for medical treatment. A structured settlement also allows a client to tell persons asking about his recovery that his funds are locked up in an investment that he cannot change.
The financial planning advantage of a structured settlement are important for other reasons. No client should have all of his investments in one basket. A structured settlement allows a client to address the need for conservative investments in his investment portfolio.
I am not meaning to disregard the challenges of a structured settlement and the reasons why a client might decide not to do so. The annuity company must be a reputable company of significant size and quality so that the client is comfortable that he will receive his future payments. Also, once the annuity is purchased, its terms cannot change without huge financial penalties. But every clients has to play his had smart. See http://www.junelawyer.com/
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