The Result of A Successful Appeal: Retrial

     Last week, the Alaska Supreme Court Opinion in my Case, Thompson v. Central Plumbing was issued.
The Supreme Court held that the Trial Court had made a mistake in not allowing my client's doctors to testify that his serious injury was caused by a T-Bone collision and that the Trial Court had made an additional mistake in not instructing the jury that the negligent driver was also responsible for any medical mistakes that the defense doctor testified was the alternate explanation for the client's injuries.    As a result of not being allowed to hear relevant evidence and to be properly instructed on the law, the jury, returned an unfair verdict.
     Clients sometimes misunderstand what it means to "win" on appeal.  In this case, the "win" does not mean that my client will soon be paid a fair amount for his injuries.  Instead, it means that the first trial is considered to be a "mulligan" and that there is a "do-over" of the trial with respect to damages.  This client's case has been a long journey with the appeal, alone, taking 2 years of time.  Now, he is waiting for a second trial, free from the mistakes of the first trial, which most likely will be scheduled within the next year.
     It is the long wait that requires clients to play their hand smartly.  However, sometimes they have no choice but to pursue their remedies to the end.  See www.Junelawyer.com

How Legal Consultation is Helpful

   This weekend's Anchorage Daily News contained an article about a young man involved in a serious motor vehicle accident that resulted in catastrophic injuries in a situation in which the responsible driver most likely had minimal insurance.  See http://community.adn.com/adn/node/162381  In cases in which the responsible driver has inadequate insurance, clients ask what possible help a lawyer can be.  Here are some of the steps a lawyer will take to try and help the injured person.

1.  Investigate the existence of other Insurance policies that could potentially provide coverage for the injuries and losses.
2.  Recover the available insurance of the responsible driver.
3.  Investigate the potential responsibilities of persons other than the driver.
4.  Assist in filing an Underinsured/Uninsured Motorist Claim under the insurance of the injured person..
5.  Investigate the possibility of additional Underinsured/Uninsured Motorist insurance coverage.
6.  Negotiate discounts and forgiveness of liens of medical providers, health insurers, Medicare and Medicaid.

Of course, depending on the specific facts, there may be other issues.   In catastrophic accidents, it is even more important to play your hand smartly.  See www.Junelawyer.com

The Predictability of "Independent" Medical Examinations Requested by Insurers

   Idealists believe that litigation is about the search for truth.  The reality can be very different.

    I just received the report of a supposedly independent medical examination performed by a physician routinely requested by insurers and defense counsel.  This particular physicians is a part owner of the agency that schedules the medical examinations and earns approximately $200,000 annually above and beyond the income of his active medical practice for performing these examinations and preparing these reports.

   My client was injured in a motor vehicle accident and, while she largely recovered, has had some ongoing specific pain issues.  The physician's conclusion was that she had experienced a cervical strain that healed within 3 months.

    I see this conclusion regularly from physicians regularly doing business for insurance companies.  It always raises questions in my mind as to whether the physician has ever seen or experienced a patient with pain issues more than 3 months following an accident and, if so, whether the physician tells the patient that his injuries are healed, and, whether the physician continues to provide treatment for this imaginary injury.

   With respect to this particular physician, he is noteworthy for a survey of his examinations of workers' compensation claimants in which out of 20 claimants, he disagreed with the treating physician 19 times.  Sometimes you see a pattern.

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

     

Helicopter Accident Shows Wisdom of Legal Consultation

  A tragic helicopter accident near the Pogo mine which resulted in the death of the pilot shows the wisdom of consulting a lawyer.  See http://www.alaskadispatch.com/section/alaska-beat#alaska-beat-253671.   The Preliminary Investigation suggests that one of the causes of the accident was a defective helipad.

  Because of it being a work accident, Alaska law provides a minimal safety net through workers' compensation benefits, a benefit which precludes the pilot's family from bringing a loss claim against the pilot's employer or the Pogo mine owner.  However, if the helipad was constructed by a subcontractor, the family may have the ability to pursue a claim for full recovery.  In advising the family a lawyer would investigate the contractual relationships of the parties.

  You have to know your hand in order to play your cards smart.  See www.junelawyer.com

 

Paybacks are a Pain: Health Insurance, Workers' Compensation, Medicaid, Medicare

   The most important priority for accident victims is necessary medical treatment.   Whether  paid by Health Insurance, Workers' Compensation, Medicaid, Medicare, each payor is protected by "subrogation" or "lien" rights.    This can best be explained as all medical expenses must be repaid out of any recovery.  This is rationalized under the principles of "one cannot recover the same damages twice" and "this is how these programs minimize their costs."  Every dollar paid back is one less dollar for the client.

   Depending on the specific facts of each case, a lawyer may be able to negotiate reductions in these paybacks, sometimes entirely.  You have to play your hand smartly.  See www.junelawyer.com

Summer Aviation Accidents in Alaska

  In Alaska, summer brings airplane accidents.  Part of this can be explained by the fact that there is more flying in the summer than in the winter.  Part of this can be explained by pilot errors in judgment because they want to go on their fishing or hunting trip.
  Yesterday was no exception.  See Homer Plane Accident Fatality.  A Cessna 206 on floats flown by an experienced pilot flipped in Beluga Lake in Homer.  The pilot and passengers were senior management employees from MEA, the electrical cooperative serving the Mat-Su Valley, on their way to a fishing trip.   Sadly, one of the passengers died with  the other passengers suffering injury.  
   Following aviation accidents, I often receive calls from surviving family or injured passengers.  My advice is consistent:
    1.  Focus on obtaining the right medical care for any injuries or grieving for the loss of a loved one.  For the most part, the circumstances surrounding the crash will be investigated by the NTSB and possibly the FAA.  On a personal level, in the greater scheme of life, the need for medical treatment or simply grieving trumps any other action. 
    2.   Alaska has a 2 year statute of limitations, one of the purposes of which is to allow medical treatment or grieving to occur.
    3.  There is no reason to talk to the air carrier's insurer until you have allowed time for medical treatment or grieving.  I have had several occasions where these conversations are used against the accident victim. 
    You have to play your hand smartly.  See www.junelawyer.com

Motor Vehicle Accident Recovery: A Short Primer

With the holiday week, I have had a number of calls regarding motor vehicle accidents and what can be recovered.  Here is a shorthand list of the basic items of recovery:

Property Damage to your vehicle measured by the cost of repair or the Actual Cash Value of the vehicle (Note that this is not the replacement cost)

Medical bills, including future medical bills (But if these were paid by your health insurer, your own vehicle insurance, or Medicare/Medicaid, you have to repay back)

Loss of income, including future loss of earnings if your injuries prevent you from returning to work.

Non-economic loss (pain, suffering, emotional distress, forced changes in your life because of injuries, the inconvenience related to the accident)

No matter how severe the accident, I do not suggest that clients hope for recovery in the form of punitive damages.  By law, 50% of these damages awarded at trial are paid to the State of Alaska with the client, not the State of Alaska assuming the risks of litigation.  At the same time, these are the verdicts most often appealed.

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