Death in Parade

During Saturday's Pridefest Parade, a man died because he was run over by a convertible carrying the Parade's Grand Marshall.  Other than the driver losing control of her vehicle, the details of the accident are not fully known.  Everyone agrees that the driver did not intend to cause an accident and feels terrible.

The tragic accident underscores that motor vehicle are a dangerous instrumentality and can kill.   Tragedies like this can happen with only a momentary lack of attention or small mistake.  No amount of money can compensate the family of the victim for their loss. It is because we recognize this fact that laws require that we all carry insurance so that the innocent victims are not forced to carry the burden of someone else's innocent mistake. 

I would expect a lawyer representing the family to assert a damage claim against both the driver and the parade in a statesmanlike but firm way.  See http://www.junelawyer.com/

Rights When One Suffers a Work Injury/Raven Electric

Last week's newspaper article had a sad story about a Raven Electric worker who suffered electrocution injuries.  Sometimes these accidents are caused by employer negligence and sometimes by the negligence of others which the law calls "third parties."

Under Alaska's Workers' Compensation Act, Raven Electric is required to provide insurance to pay for any medical treatment, a disability benefit during the time of recovery up to medical stability, and other benefits if there is a permanent injury and recovery is incomplete.  In return for doing this without requiring the injured worker to hire a lawyer, the law prohibits the injured worker from suing the employer for negligence causing the injury.

If the negligence or mistakes of someone other than the employer caused the accident, the injured worker has a right to sue this "third party" for his full losses.   In cases of significant injury, this is important because the worker does not receive full compensation for his injury.  Specifically, the injured worker's disability payment is less than his actual wages, worker's compensation benefits do not pay the injured worker for any loss of future wages if he is unable to return to work because of his injury, and there are no workers' compensation benefits for non-economic losses which most of us refer to as pain, suffering, and forced changes in life.

Alaska's Workers' Compensation Act may have other impacts on the injured worker that go beyond this comment but you have to play your hand smartly when you are the victim of a life-changing tragedy.  See www. junelawyer.com

Health Care for Accident Victims

   Over the last week, I have had been contacted twice by current clients and one potential clients about difficulties in obtaining required health care.  If an accident victim does not obtain medical treatment, the defense argues that he has "failed to mitigate his damages" and, therefore, should receive less compensation.

   When presented with questions like this, my strongest advice to clients is that "their number one job is to get better"  which means making all medical appointments and seeking out doctors who can address their health complaints.  

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

Its Important to Know the Law/Pacific Seafoods Clamming Accident

   In today's paper is a story about 5 clammers working for Pacific Seafoods who died in a tragic accident. 

   In most Alaska work accidents, the Alaska Workers' Compensation Act prevents the accident victim from suing their employer.  Inability to sue the employer is the tradeoff for workers' compensation benefit.

   However, in this case, the accident occurred on the water and maritime law applies.  The families of the clammers that died have the right to bring suit for their losses against the clammers' employer.

   Its always important to play your hand smartly.  To do so, you have to know your cards.  See http://www.junelawyer.com/

  



Persistence Pays

   In Alaska, the loser is required to pay a portion of the winner's attorney fees.  Sometimes, the defense becomes the "winner" because the amount recovered is less than the amount offered before trial.  These are hard-fought motions because the only thing worse than being an accident victim is having a court order you to "pay" for the privilege of being an accident victim.

   I spent a lot of time on one of these motions last week.  It was a complicated case in which a client had been formally offered a significant sum of money to resolve a case involving 2 injuries.  While the offer was pending, the client reached an agreement to settle the less serious of the 2 injuries on the condition that the combined settlement offer for both injuries be taken off the table. 

   The case went to trial and the jury's verdict disappointingly found fault but, at the same time, found that the client should not recover money for his losses, but also found that his ongoing medical bills should be paid as they were incurred.  While less than the client had hoped for, the recovery of future medical expenses was at least some consolation.

   Despite this small victory, the insurer proclaimed itself the winner based on the settlement offer the client had agreed would be taken off the table.  The insurer asked for $60,000 in attorneys' fees and approximately $20,000 in costs from a 100% disabled man who had not worked for 4 years. 

   At first, the judge agreed with the insurer.  Last Friday, however, the judge reconsidered and effectively changed her mind.  A lawyer has to be persistent and fight on every issue.  You have to play your hand hard.  See www.junelawyer.com

Cell Phone data

It is a constant challenge these days to stay abreast of technology.  This week, I am attending a seminar regarding cell phone data.  I'm interested in how (and if) one can obtain past text messages from cell phone providers.    Not only are people increasingly texting, teenagers communicate almost exclusively by this method.

When driving, one sees people using cell phones regularly.  However, after an accident, no one voluntarily admits to doing so.  Recovery of text messages would allow discovery of the statements most contemporary to the occurrence of an accident.

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

Good Friday Lessons for Lawyers

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/