Thanksgiving For Those Without

Last night, I went to my monthly board meeting at Brother Francis Shelter, Anchorage’s largest shelter for the homeless.  With the single digit temperatures and winds of the last few days, it was packed, literally standing room only.   See http://www.adn.com/2011/11/16/2174962/homeless-pack-shelters-nearly.html.  Seeing those seeking shelter from the cold, it was clear that some had hit an unexpected bump in life’s road. A few (This always surprises me that it is only a few) had alcohol issues. 

            In this week of Thanksgiving, please consider helping those who need our help at https://www.cssalaska.org/donate.php.

           We all have to play our hand smartly.  See http://www.junelawyer.com/.  Some of us have harder cards.

When is a Scheduled Trial Not Scheduled.

   I attended the final Pre-Trial Conference in a major case only to leave with the Judge postponing the trial for 2 1/2 months.  Unknown to me, the Judge had scheduled personal leave and other matters during the scheduled trial time and was only willing to have a trial if we could commit to try the case in 1/2 the scheduled trial time.  The defense lawyer quickly hopped out of his chair to tell the judge that this was impossible.
   Following the hearing, I walked slowly back to my office to begin the work necessary to try the case at the rescheduled time.   This include clearing my calendar of the other matters that I had already scheduled, contacting the persons who had already agreed to testify to let them know of the change in plans, and, the hardest and most important part, letting the clients know.  Psychologically, the clients were looking forward to the closure that would come with their now-delayed day in court.  When the clients and witnesses asked how the Judge could have a schedule conflict for a case that was on his calendar, I had no good response.
   At least in this instance, I doubt whether the Judge considered the disruptive impact of his actions on the clients and witnesses.  Unfortunately, the Judge's actions are beyond our control.  At each step, you have to play your hand smartly, even in adversity.   See http://www.junelawyer.com/

Tragic APD Accident Shows Inadequacy of Workers Compensation

  There was a tragic accident involving an Anchorage Police Officer last week.  See http://www.adn.com/2011/09/24/2086326/police-plan-to-arrest-driver-accused.html
A police officer was broadsided while trying to stop a vehicle that had been traveling for many miles down the Glenn Highway in the wrong lane of traffic.   The police officer was seriously injured and is under continuing medical treatment.

   Fortunately, because the injury was during work, the police officer is partially protected by the Alaska Workers' Compensation Act.  His medical care will be paid and he will receive a reduced paycheck until his physicians say his medical care has reached "stability."

   Unfortunately, the Alaska Workers' Compensation Act will not fully compensation the officer and his family for their losses.  Remaining unpaid will be the balance of his paycheck, his future wage losses should he be unable to return to police work, and the pain, suffering and trauma he and his family are experiencing.   These losses can only be recovered from the responsible driver and his employer.

  At the moment, his first priority is recovery and our thoughts are with him. 

Preparing for Trial

   Clients do not always realize the work that is necessary to properly bring a case to trial.  One of my cases goes to trial in 60 days and my office is getting ready.  Here is a list of projects we are working on.

1. Scheduling witness testimony
2. Finalizing Exhibits
3. Finalizing Jury Instructions
4. Filing motions regarding the anticipated evidence
5. Completing depositions of opposing experts
6. Asking the Court to order final document production.

As trial approaches, I will be talking to the individual witnesses more so that they understand the importance of their testimony, working on jury selection, preparing demonstrative exhibits, and, of course, opening/closing arguments.

   Because of the work involved, it is important that the Client appreciate both the strengths and weaknesses of his case.  You have to play your hand smartly.  See http://www.junelawyer.com/

Aviation Accident Victims: The Immediate Response to a Tragedy

  Over the last 6 weeks there has been a series of tragic aviation accidents in Alaska.  Most recently, an Inland Aviation Services flight crashed near McGrath resulting in both injuries and deaths.  See http://www.adn.com/2011/08/14/2014871/troopers-say-2-dead-in-plane-crash.html.  I am often contacted by aviation accident vicitms about how what to do in the days following an aviation accident.

   Accident victims should remember that the most important thing is to focus on their own physical and emotional health.  For survivors, this means concentrating on medical treatment and allowing a trusted family member or friend to help with addressing lost income benefits during medical recovery.  For the families of persons who unfortunately did not survive, this means allowing time to grieve and the other actions one needs to take following a sudden death. 

  Be wary of representatives of the airline or the airline's insurer that "drop in" to express their sympathies and share their concerns.  While some of these "visits"  may be the result of good intentions, they are also part of a practiced strategy to limit compensation.  Accident victims should recognize that their legal interests are in conflict with the legal interests of the airline or the airline's insurer.

   Also be wary of lawyers or law firms hosting seminars or advising that they have confidential information regarding the cause of the accident.  These claims can be misleading because all accidents are investigated intensively by the National Transportation Safety Board, an investigation in which the airline is required to participate and in which the lawyers are excluded. 

  Remember:  Play your hand smartly.  See http://www.junelawyer.com/.

Motor Vehicle Roll Over Accidents With Passenger Injuries

   Over the last week, there has been 2 sad motor vehicle accidents in which vehicles with several passengers rolled over.  One accident involved a prominent state senator from the Midwest.  The other accident involved high school students from Chugiak.

    These accidents involve significant issues for the passengers.  One involves the question of whether the friend driving the vehicle was negligent in causing the accident.  People may be reluctant to make a bad situation worse by saying this but the reality is that good people can make mistakes and pointing out the mistake is necessary for the insurer to make payment.   If friendship is a concern, this can be done diplomatically.  There is truth to the saying that, in particular circumstnaces, one can be more effecting channeling Colin Powell as opposed to Donald Rumsfeld.

   The other issue for the passengers is that there may be more than one insurance company potentially responsible for paying losses.  These would include the vehicle owner's policy, the vehicle driver's policy, the personal policies of the passengers insuring other vehicles if there is a potential underinsured motorist claim, and even the motor vehicle policies of other household members.

    You have to play your hand smartly.  See http://www.junelawyer.com/

Maintenance and Cure for Injured Fishermen

  I am travelling to Denver this week in a case involving an injured seaman.  A fisherman suffered a serious low back injury and has become a chronic pain patient.  The legal issue is how long the vessel is required to pay both medical expenses which the law calls "cure" and living expenses which the law calls "maintenance."  This gentleman has been under treatment for more than 4 years and has not recovered.  While no one expects a full recovery, the issue is whether he can be physically improved by ongoing treatment.

  Injured fishermen are legally "seamen."  Under the law, the vessel must pay both medical expenses and daily living expenses until the injured seaman reaches "maximum cure."  Maximum cure is the date when physical improvement in the underlying condition stops and ongoing treatment is only "palliative."  To put it another way, the vessel is required to pay to make the injured fisherman "better" but does not have to pay for "aspirin."  

  This is a complicated area of the law, particularly for fisherman whose injuries require ongoing treatment or whose medical treatment causes other medical complications like depression and chronic pain.  See http://www.junelawyer.com/.