Why I Appreciate Representing Clients

         One day last month, I was reminded about why I enjoy my practice and my clients.

One client that I had not seen in 25 years out of the blue walked into the office.  He had recovered from knee injuries caused by falling down an elevator shaft on a fish processor.  He was working. He was happy.  We talked for more than an hour about where our life paths had taken us over the decades.  He just wanted to say hello.

That afternoon, another client came to visit me.  He had, for the most part, recovered from injuries in a North Slope accident and wanted to brainstorm about career ideas.  We talked about our kids.  We talked about our wives. We talked about life in general.   Like the other client, he just wanted to say hello.

Both men made not just my day but my month.  See www.Junelawyer.com 

The July 31 Seward Highway Premier Alaska Tours Tragedy: What Can Victims Expect.

   On July 31, a Tour Bus collided with the rear of a stopped vehicle causing multiple collisions and shutting down the Seward Highway for hours.  One person died as the result of the collision and others were seriously injured.

 So what happens next?  Here is what I tell persons who call me immediately after highway tragedies like this.

1.   There Will Be a Homicide Investigation.

   Because the collision resulted in a death, there will be a formal homicide investigation.  This will include a complete accident reconstruction and eventually an Alaska State Trooper Report detailing witness interviews, drug testing of the Tour Bus driver, the electronic data from the Tour Bus and other evidence.  While this will provide the best starting point for a legal investigation, it will not be available for a minimum of several weeks.

2.  The Most Important Priority is Grieving and Obtaining Medical Care.

   The family of the gentleman who died has lost a loved one.  The most important thing at this point in time is to honor the loved one and start the grieving process.  This means providing for funeral services and being alone with family.   I encourage clients to do nothing for 30 days.

   For persons injured in the Tragedy, my recommendation is that they seek medical treatment.  I encourage them to contact my office after their acute injuries have stabilized.    

2.   This Is Not a Shared Tragedy.

   While the Tour Bus company or other victims may express concern and say otherwise, this is not a shared tragedy.  The Tour Bus driver was supposedly trained to recognize the hazards of the Seward Highway and failed to operate the Bus safely.

3.    There is No Reason to Have Contact with Tour Bus Company.

    Corporate spokespersons and insurance adjusters often "reach out" to victim families.  Other than the logistics of transporting the loved one home and returning personal effects, there is no reason to have any contact with these businesses.  (There may be "Medical Payments Coverage" or "Funeral Expense Coverage" which may pay transportation expenses home).  While some of this outreach may, indeed, be well-intentioned, a less attractive motivation is damage control and to assess what can be done immediately during a time of grief to reduce the business cost of the tragedy later.

4.    Other than to Stop Contact with Insurance Companies, there is No Immediate Need to Contact a Lawyer.

   For the same reasons that I have said that the most important priority is grieving and there is no reason to contact the Tour Bus company,  there is also no immediate need to contact a lawyer.    When clients call me, I share my respect for their loss and promise to call them in 30 days.  Victims of the tragedy should wait until they are emotionally strong enough to discuss their loss.

   There are exceptions to this:  Hiring a lawyer is one way to stop or control contacts with the legally responsible corporations.  The other exception is if there is person with first hand knowledge of the circumstances of the pilot's departure decision.

5.    You Will Need a Lawyer.

   In my experience, the legally responsible corporations grossly simplify claims and  attempt to resolve claims so as to discourage lawyer involvement. One way or another, the help of a lawyer will be needed.

     In any death, there are probate issues and the grieving family works through the process of administering the will, distributing personal effects, the financial impact of the sudden tragedy, and other issues.  A big issue is often life insurance or other death benefits to help the family adjust to their new situation.  This all will require legal help.

   Another issue is valuation of the claim.  This will be a function of the victim's financial situation, his family situation, including not just spouses and children but also other potential dependents like parents and friends as well as the ages of these people.  This becomes complicated quickly.  Just as one hires an accountant or realtor for taxes or sale of a house, a lawyer will be needed to address these issues.   Without a proper valuation of a claim, it is impossible to make an informed decision as to what to do.

   Finally, in cases involving cruise passengers, the cruise "ticket" (often found in an online contract) may raise legal issues.  For example, it may require the filing of a lawsuit within 6 months or require suit in a specific state.

     My last piece of advice in times like this is to remind callers that this is a complicated card game.  They need to play the hand smartly.  See www.Junelawyer.com.

Another Alaska Aviation Tragedy: What Happens When the Pilot Dies.

   There has been another Alaska Aviation tragedy.  On Friday, July 17, 2015, a Wings of Alaska flight crashed during an 18 minute flight between Juneau and Hoonah.  The pilot died in the crash with the 4 survivors seriously injured.   http://www.alaskapublic.org/2015/07/17/wings-of-alaska-flight-from-juneau-to-hoonah-goes-down-survivors-confirmed/ Newspaper stories include passenger statements about heroic, last second actions of the pilot. http://www.adn.com/article/20150717/4-survivors-airlifted-southeast-alaska-plane-crash-site-pilot-dead

   When a pilot dies in a crash, clients question the purpose of bringing a claim against the deceased pilot's estate.  Here is how I answer those questions.

   Absent certain exceptions, all claims or lawsuits are filed against the Airline.  This is the entity that sold the ticket.  This is the entity that made the promise of safe flight. This is the entity that purchased insurance to protect both itself and the pilot specifically from accidents like this. 

   Pilots working for airlines do not make flight decisions alone.  Every airline has an Operations Manual that controls how flight decisions are made.  The ground crew was as aware of the flight conditions as the pilot. 

  This crash arose out of a short flight under conditions of poor visibility.  Nothing prevented the airline from delaying the flight until conditions improved.  Nothing prevented the pilot from asking that the flight be delayed.  In the end, the pilot crashed into a "granite cloud,"  failing to see and avoid the mountainside into which the aircraft crashed.

  Under circumstances like this, the law imposes a duty on the airline to compensate their passengers for the resulting harms and losses.  You have to play your hand smartly.  See www.Junelawyer.com.

Another Alaska Aviation Tragedy: What Can Victim Families Expect?

   Eight Alaska visitors have died in the crash of a Pro Mech flight seeing trip to the Misty Fjords National Monument near Ketchikan, Alaska.  The flight was an excursion sold through Holland America cruise lines and operated by Pro Mech Air.  Both Holland America and Pro Mech have expressed the traditional messages of concerns we have become used to hearing in the news.  See http://www.adn.com/article/20150625/8-tourists-pilot-dead-southeast-alaska-plane-crash.

   The accident fits a general pattern of Alaska aviation tragedies.  In winter months, it is the scheduled airlines that experience accidents while facing adverse winter weather.  In the summer months, the risk is higher for flightseeing operations who have a short window of time for their business catering to Alaska visitors.

   So what happens next?  Here is what I tell persons who call me immediately after tragedies like this.

1.  The Most Important Priority is Grieving.

   Whether it is a mother, father, sister, or brother, each of the families has lost a loved one.  The most important thing at this point in time is to honor the loved one and start the grieving process.  This means providing for funeral services and being alone with family.   I encourage clients to do nothing for 30 days.

2.   This Is Not a Shared Tragedy.

   While Pro Mech and Holland America may express concern and say otherwise, this is not a shared tragedy.  On the one hand, each visitor paid for a safe flight/visiting experience, and knew nothing about the dangers of a bad weather day in SouthEast Alaska.  On the other hand, Pro Mech and Holland America were conducting a business and made the conscious decision to dispatch the flight.   With prepaid excursions, there is always pressure not to cancel because of weather.

3.    Other than Logistics, There is No Reason to Have Contact with Pro Mech or Holland America.

    Corporate spokespersons and insurance adjusters often "reach out" to victim families.  Other than the logistics of transporting the loved one home and returning personal effects, there is no reason to have any contact with these businesses.  (There may be "Medical Payments Coverage" or "Funeral Expense Coverage" which may pay transportation expenses home).  While some of this outreach may, indeed, be well-intentioned, a less attractive motivation is damage control and to assess what can be done immediately during a time of grief to reduce the business cost of the tragedy later.

4.    Other than to Stop Contact with Pro Mech/Holland America, there is No Immediate Need to Contact a Lawyer.

   For the same reasons that I have said that the most important priority is grieving and there is no reason to contact Pro Mech/Holland America, there is also no immediate need to contact a lawyer.  The investigation of the crash will be conducted by the NTSB and there is little that a lawyer can do at this stage beyond gathering information.  When clients call me, I share my respect for their loss and promise to call them in 30 days.

   There are exceptions to this:  Hiring a lawyer is one way to stop or control contacts with the legally responsible corporations.  The other exception is if there is person with first hand knowledge of the circumstances of the pilot's departure decision.

5.    You Will Need a Lawyer.

   In my experience, the legally responsible corporations grossly simplify claims and  attempt to resolve claims so as to discourage lawyer involvement. One way or another, the help of a lawyer will be needed.

     In any death, there are probate issues and the grieving family works through the process of administering the will, distributing personal effects, the financial impact of the sudden tragedy, and other issues.  A big issue is often life insurance or other death benefits to help the family adjust to their new situation.  This all will require legal help.

   Another issue is valuation of the claim.  This will be a function of the victim's financial situation, his family situation, including not just spouses and children but also other potential dependents like parents and friends as well as the ages of these people.  This becomes complicated quickly.  Just as one hires an accountant or realtor for taxes or sale of a house, a lawyer will be needed to address these issues.   Without a proper valuation of a claim, it is impossible to make an informed decision as to what to do.

   Finally, in cases involving cruise passengers, the cruise "ticket" (often found in an online contract) may raise legal issues.  For example, it may require the filing of a lawsuit within 6 months or require suit in a specific state.

     My last piece of advice in times like this is to remind callers that this is a complicated card game.  They need to play the hand smartly.  See www.Junelawyer.com.

Why Your Boss Is The Best Witness In Your Case

   Clients regularly ask me who would be the best witness in your case.  Without hesitation, it is your boss.   While your spouse or your friends may know you better, it is the boss that is the most powerful witness at trial.

   Here are the reasons why.

   An important part of any case is showing how each client is different from the liars, cheaters, and malingers of the world.  We all have heard stories about people who are hurt and think they have somehow won the lottery.  At trial, the defense lawyers will always suggest that the accident victim could do more.  The strongest response to arguments like this is for a client to share how he has gone back to work.  Having the boss as a witness destroys this argument.

   The boss also sees the client more than any other person outside his home.  If the client has ongoing pain symptoms, the boss will be able to share this information with the jury.  More important, the boss will be able to share how the client's works despite the pain because of his work ethic.  Once again, this eliminates the defense arguments that the client is not doing everything possible to respond to his injury.

   Finally, unlike a spouse, a relative, or a friend, the boss cannot be accused of being biased.  When spouses testify, the defense lawyers will always minimize their testimony as being predictable due to marriage.  The testimony of friends will be minimized in the same way.  But with the boss, the bias goes the other way.  If the client is not doing his job, the boss will have no choice but to let him go.  As a result, the boss' testimony cannot be questioned.

  Clients can be reluctant to involve their bosses in their case because they consider it to be private and are worried about drawing unfair attention to themselves.  But here is the kicker:  if the boss doesn't testify for the client, the defense and insurer will call the boss anyway.  In other words, one way or another, someone is going to talk to the boss about the case.

  You have to play your hand smartly.  See www.Junelawyer.com

Why Is There Good Reason To Question the Credibility of Physicians Hired by Insurers and Defense Lawyers to Conduct "Independent Medical Examinations"

    The neutrality and objectivity of physicians in the business of "independent medical examinations" for defense lawyer is often questioned.  This recent experience explains why.

     A client suffered a work injury and was required to be attend an "independent medical examination."  The physician, a 77 year old retired orthopedist wrote a 16 page report and concluded that an accident had "aggravated" a pre-existing condition justifying the need for surgery.  In a second letter written 1 year later, he repeated these opinions verbatim.

    Last week, the defense lawyers noticed his deposition to perpetuate his testimony for trial.  Before the deposition, he refused to speak to me because of concern over the "legal protocol."  During the deposition, he shared that he had met 3 times with the defense lawyer, had been provided with medical records generated after his examination, and had been provided with the report of another colleague also hired by the defense lawyer.

   The end result was that his opinion had magically changed:  the injury that he had previously said was "related" was now "unrelated."

   Is there any wonder why accident victims require legal representation?  You have to play your hand smartly.  See www.Junelawyer.com.

How Does Your Computer and Phone Betray You?

   Insurance lawyers have increasingly become interested in computer files and phones.  Why is that?

   It turns out that computers and phone files contain "Metadata," unseen computer files that provide information.  Let me give some examples:  Photo files will contain data showing both the time and, possibly, even the place where a picture was taken.  A Word document may contain a prior draft comments before deletions.  And, of course, phones will have a list of who you talked/texted and dates of your actions.

   What to do?  Nothing because you cannot change this. But, if you are going to play your hand smartly, you need to know this is out there.  See  www.Junelawyer.com