This is the week of Good Friday. The Exxon Valdez oil spill happened in 1989 on Good Friday. Twenty one years later, after a trial, a half dozen hearings before appellate courts, and an United States Supreme Court decision not based on existing case law, the case is almost over.
21 years: the American answer to Charles Dickens' Bleak House novel. Sometimes, it doesn't matter how smartly one plays their hand, a well-financed defendant can cause a case to spin out of control
See http://www.junelawyer.com/
Monday, April 18, 2011
Monday, April 11, 2011
Confidential Settlements
Within the last few weeks, 2 clients of mine reached settlement agreements, one against Home Depot and another against a major paint manufacturer. In each case, a condition of the settlement was that the client maintain the confidentiality of the settlement.
Why do companies insist on confidentiality? It is to keep other accident victims uninformed. It is for that reason that there is a benefit to retaining a knowledgeable and experienced personal injury lawyer.
You have to play your hand smartly.
See http://www.junelawyer.com/.
Why do companies insist on confidentiality? It is to keep other accident victims uninformed. It is for that reason that there is a benefit to retaining a knowledgeable and experienced personal injury lawyer.
You have to play your hand smartly.
See http://www.junelawyer.com/.
Wednesday, March 30, 2011
The McDonald's Coffee Cup Case
I cannot say how many times the McDonald's coffee case comes up in conversation about what is wrong with our system for deciding accident victim losses and how other accident victims find it outrageous. Check out http://www.hotcoffeethemovie.com/ to find out how the woman was hurt and how badly.
Tuesday, March 22, 2011
The Importance of the Deposition
I just returned from a 3 day deposition trip to Oregon. The defense scheduled the deposition of my client as well as 2 treating physicians. Why is this important?
The deposition is the defense's opportunity to "eyeball," i.e., take a first hand look at the client and determine the scope and severity of losses resulting from an accident. At the same time, the deposition of the treating physician is the defense's opportunity to assess the evidence of medical injuries.
I encourage defense counsel to schedule promptly whatever depositions they believe to be necessary to assess a case. I advise clients that their deposition is similar to a job interview. If they present themselves well as straightforward presenters of the accident facts, their injuries and losses, it is likely that they will be presented the highest settlement offer for their case. If that is inadequate, they can make the decision to have a jury decide their case.
You have to play your hand smartly. See http://www.junelawyer.com/.
The deposition is the defense's opportunity to "eyeball," i.e., take a first hand look at the client and determine the scope and severity of losses resulting from an accident. At the same time, the deposition of the treating physician is the defense's opportunity to assess the evidence of medical injuries.
I encourage defense counsel to schedule promptly whatever depositions they believe to be necessary to assess a case. I advise clients that their deposition is similar to a job interview. If they present themselves well as straightforward presenters of the accident facts, their injuries and losses, it is likely that they will be presented the highest settlement offer for their case. If that is inadequate, they can make the decision to have a jury decide their case.
You have to play your hand smartly. See http://www.junelawyer.com/.
Monday, February 28, 2011
Why Homeowners' Insurance is Important
I am currently involved in a case where an accident victim has been countersued by the responsible party. Upon learning this, I immediately asked the client's homeowners' insurer to defend the case. While upsetting to the client in the short term, there is now an additional lawyer in the case fighting for my client with one paid by the insurer.
Many clients do not understand the full benefits of a homeowners' insurance policy and think it applies only to persons actually injured at their home. Whether issued by Allstate, State Farm, or any of the other major insurers, each of these policies protects the homeowner from being sued regardless of where the injury occurs. Of course, there are exceptions made within the policy for things like intentional acts, car accidents and so on. But the lesson to be learned is that there is no harm in asking your insurer for help.
Another example of this is that most homeowners' policies include "medical payments coverage" to pay the medical bills fo someone hurt at your home regardless of fault. This lets the homeowner make the gracious gesture of offering to pay for medical bills caused by an accident that no one feels good about. Homeowners that are proactive and offer to pay medical bills or even to get in contact with their insurer are less likely to be sued.
You always have to play your card hand smartly.
Many clients do not understand the full benefits of a homeowners' insurance policy and think it applies only to persons actually injured at their home. Whether issued by Allstate, State Farm, or any of the other major insurers, each of these policies protects the homeowner from being sued regardless of where the injury occurs. Of course, there are exceptions made within the policy for things like intentional acts, car accidents and so on. But the lesson to be learned is that there is no harm in asking your insurer for help.
Another example of this is that most homeowners' policies include "medical payments coverage" to pay the medical bills fo someone hurt at your home regardless of fault. This lets the homeowner make the gracious gesture of offering to pay for medical bills caused by an accident that no one feels good about. Homeowners that are proactive and offer to pay medical bills or even to get in contact with their insurer are less likely to be sued.
You always have to play your card hand smartly.
Tuesday, February 22, 2011
President's Day: Abraham Lincoln
The country celebrates President's Day this week with one of America's most significant Presidents being Abraham Lincoln. Other Presidents who also happened to be lawyers include President Obama, President Clinton, and President Nixon. Of this list, President Lincoln is most known for being a trial lawyer and being pragmatic in his representation.
Monday, February 14, 2011
Is Local Government Responsible for Hazardous Conditions
I am working this week with high school student government classes attending an Alaska Supreme Court oral argument concerning a woman who suffered a serious injury as a result of tripping in an uncovered water main valve box: basically an uncovered hole in the ground.
The Municipality agrees that the hole should be covered but says that there is no evidence that a Municipal worker uncovered it or that the Municipality knew about it. In response, the injured woman points out that it had been uncovered at least a week because another person had complained about it supposedly triggering a call to the Municipality.
The case raises several questions regarding governmental responsibility: Who among us has not called a government office only to have the government worker encountered during the next visit say there was no record of the call? Who should bear the consequences of the uncovered hole in the ground, the Municipality that created the hole or the woman who was injured as a result of the hole?
One always has to play their hand smartly.
The Municipality agrees that the hole should be covered but says that there is no evidence that a Municipal worker uncovered it or that the Municipality knew about it. In response, the injured woman points out that it had been uncovered at least a week because another person had complained about it supposedly triggering a call to the Municipality.
The case raises several questions regarding governmental responsibility: Who among us has not called a government office only to have the government worker encountered during the next visit say there was no record of the call? Who should bear the consequences of the uncovered hole in the ground, the Municipality that created the hole or the woman who was injured as a result of the hole?
One always has to play their hand smartly.
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