The Court Of Public Opinion

Massive train crashes seem the dramatic stuff of movies and novels, billowing steam engines destined for disaster, fixed irreversibly on track to collide. Indeed, in the 19th century train companies used head-on train collisions as a publicity stunt. The Crush Crash in Waco, Texas drew so many observers that Waco became, for one night, the second largest city in the state. Even this staged event ended in disaster, however, when a boiler burst and the flying debris killed two in the crowd. Unfortunately, this less-than-dramatic conclusion represents the reality of train wrecks, and these days that reality is represented in lawsuits as soon as the smoke clears.

Perhaps modern day railroads do not encounter anything so catastrophic as the rerouted steam locomotive that caused a mountain to collapse in Ayn Rand?s Atlas Shrugged, but train crashes are still a major problem in the United States. Train crashes injure more than 500 people every year, though deaths remain relatively rare. Aside from catastrophic collisions, railroad deaths usually occur at crossings, where the train?s course crosses the path of car traffic. The chances of dying in a car-train crash are ten times more likely than dying in a regular car collision.

Settlements with railroad companies for crashes can amount in the millions of dollars, but this just reflects the severity of injuries incurred in such accidents. Trains are currently set up in compartments to reduce the distance people would fly in the event of a major collision. However, safety experts with the Federal Railroad Association have conducted full-scale crashes and found that the dummies in such seats were flung up and over the backs of the seat compartments, some striking luggage racks. Seatbelts would prevent this sort of injury, but they are not a standard installment of most trains.

At least half of all the railroad tank cars on the tracks today were built before 1989 when new regulations required them to be reinforced with steel. About 30,000 of these tankers have not been rebuilt at all, and no government agency forces the companies that own these tank cars to spend money to bring them up to safety standards. This results in another great railroad danger, as many of these tankers carry dangerous chemicals. Just this past January, nine people died and an entire geographic region had to be evacuated from homes, businesses, and schools in South Carolina when a train collision caused a tanker to leak chlorine gas.

Train wrecks are clearly not an entertaining matter. Because of the structure of the tracks and signals, train collisions are nearly always due to negligence, either human error or faulty equipment. As such, any injuries incurred on a railroad are entitled to compensation and should be discussed with a lawyer right away.

If you have more questions, contact a railroad accident lawyer or read about railroad collisions at http://www.hugesettlements.com.

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The Benefits Of Small Claims Court

Johnny B. Good walked into the photo store with seven rolls of film to develop. Id like my honeymoon photos developed as soon as possible. We were in Italy and I took the most amazing pictures in my life, he said. No problem, answered the clerk at the photo store. Well have them ready by the end of the day, she replied. After work, Johnny returned to the photo store to claim his developed pictures. Uh, are you sure you brought them in? asked a different clerk. She looked everywhere, they couldnt be found. The next day the clerk who took the film learned that the cleaning person inadvertently threw 10 rolls of undeveloped film in the trash. Furious, Johnny demanded justice. These are irreplaceable memories. Memories of a lifetime! What am I going to do?

Q: Does Johnny need a lawyer? Can he handle it himself in small claims court?

A: Johnny doesnt need a lawyer. Small claims court is the perfect place for this claim.

Johnny needs to file a claim in his local small claims court. Theres a small fee to start the case, and they give you forms telling you what to do. Make sure that you keep all documents and on the day you are scheduled to appear in Court, make sure you arrive with all of your witnesses to support your claim. Theres only a Judge, no jury in small claims court, and make sure you are dressed neatly and cleanly.

The rules of evidence are the same in small claims court, but there is a tendency to be less formal since the litigants are not lawyers. Do not forget that the Court is still entitled to respect and the proceedings are recorded either by tape recorder or by court stenographer. After all witnesses tell the Judge their version of what happened, the Judge will usually put his decision in writing and mail it to the litigants. (They do this so that the losing party doesnt start screaming, yelling, and disrupting the courtroom immediately after a decision.).

IS IT WORTH IT TO GO TO SMALL CLAIMS COURT?

The short answer is yes. The long answer may be no. In small claims court in New York, you will get to present your case to the Judge rather quickly after youve filed your claim.

But if there are adjournments by either side, then you will have appeared multiple times, lost time from work on each occasion, and waited endlessly in the courtroom, simply to be told that you must come back on another day.

Remember, there are hundreds of small claims filed every week. On any given day, the Judge might have 20-40 cases to dispose of. Not each case requires a trial, and many cases get put off for another day. Some cases may be resolved in a binding mediation with a lawyer appointed by the Court.

You must determine whether the time you are going to spend waiting around a courtroom for justice is worth missing at least partial days off from work. If you choose to have your case heard in the evening session because you cant get off from work, just keep in mind that youre not alone. Lots of other folks will also be there waiting to have their case heard.

While in the courtroom, you can expect to hear cases that are very trivial. You might even wonder why someone would bother to bring a claim for such nonsense, or why theyd spend any of their valuable time pursuing such a ridiculous claim.

The answer to the question stems from the right every citizen of this State has- the right to bring suit if they feel theyve been wronged by someone else. Thats the price of freedom. Democratic countries allow its citizens the right to seek compensation for damages, whether its personal injury or a contract that was broken. A promise is a promise. People should be held accountable for their actions.

Are there cases that even in small claims court dont belong there? Probably yes. But we, as spectators, dont have the right to criticize the claim, only the process. Does it make for interesting viewing? You bet. Even better than daytime TV or the latest reality show! Why? Because this is real life. This is reality.

So, to answer the question Is it worth it to go? Yes. Everyone should go at least once, if only to observe the small matters that are important to people.

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Everything. In order to evaluate liability, a trial lawyer must be able to figure out your speed, the time it took to arrive at the accident point and the distance you travelled from one point to another.

We only need two out of the three elements to figure out the third. For example, if you travelled 100 feet in 10 seconds, we can easily calculate your speed. If you were travelling at 50 miles per hour, and you drove 1/4 mile, we can calculate exactly how long it took for you to travel that distance.

Speed, time and distance are crucial in determining liability in your case. What do you think the outcome would be in a case if you didn’t exactly know your speed, and you testified that you were travelling at 10 miles per hour, and it took you 2 minutes to travel 100 feet. Obviously, the numbers you recall or estimate are not accurate because they are totally inconsistent with physics.

Keep in mind that it’s not always crucial for you to know exactly all the details involved in your accident. There are usually other witnesses involved who can add to whatever information you have. Anyway, when your credibility is at stake, you must tell the truth, and understand that while driving you are not looking to calculate speed, time and distance in anticipation of a pending accident or lawsuit.

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Q: What are the top 10 most important things you need to know if I slip and fall?

A: 1. What was the weather like on the day you fell?
2. What were you wearing on your feet?
3. Do you wear eyeglasses?
4. Do you have a history of dizziness or falling?
5. Are you taking any medications that make you dizzy?
6. What did you slip or trip on?
7. After you fell, did you see what it was that you fell on?
8. Were there any witnesses to your fall?
9. Did you file an accident report with the owner of the property, or with the police?
10. How long do you think the dangerous condition existed before you fell?

Q: I slipped and fell on a city sidewalk and broke my leg. Do I have a case?

A: The key question is whether the City had ‘notice’ of the defect you fell over. Did they know about the condition and fail to fix it in time to prevent your accident? If they didn’t have actual written notice, was the defect large and significant enough so that they should have known about it?

The answer to those questions will help determine whether we are able to prove that the City was responsible for your injuries. Remember, there may have been construction in the area where you fell that may have contributed to creating the defect you fell over.

With a claim against the City, you must file a notice of claim within 90 days of the date of the incident! This must be done correctly to protect your legal rights.

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Q: When you question my doctor at a deposition, can I be present? Can I ask questions too?

A: During a lawsuit, each side gets to question the other side during a procedure called a deposition. (It’s also called an examination before trial- EBT). During a deposition, it’s an opportunity for me to get specific answers about what happened to you or your loved one. There are important strategies used by experienced trial lawyers when questioning a doctor in your case.

Not only are we trying to establish facts, as the doctor recalls them, but are also attempting to lock the doctor into a position about what was done for you, and why. I will always ask the doctor to read his treatment record, and then have him or her explain the reasons for treating you the way he did.

As a victim or family member of a loved one involved in the case, you are always welcome to be present when I question the doctor at his deposition. However, I must caution you that sitting across from the person whom you believe caused you or your family serious harm is very unsettling. The urge to reach across the table and do something physical is ever-present. The urge to verbally respond to a comment by the doctor is also very strong. Please remember, if you wish to be present, you can. BUT, the focus and emphasis is on questioning the doctor, NOT your desire to give him or her a piece of your mind.

If you have certain questions you feel are important to your case, by all means discuss them with me before the deposition. You will not be permitted to ask questions yourself.

Importantly, if you choose not to be present when I question the doctor…not to worry. I can send you a copy of the transcript so you can read it at your leisure. In my experience, 99 times out of 100, my client will choose not to be present during a doctor’s deposition.

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Q: My mother was in a car accident last week, and already she’s gotten letters from lawyers asking if she’s ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?

A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be acceptable for an attorney to send such a letter to a victim of an accident. The majority of lawyers feel such a letter to a victims’ home is demeaning and degrading. Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured victim to come to them as a client.

The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how do you choose which attorney to use when you’re inundated with a flood of letters from different lawyers promising to help you with your accident claim?

The answer is simpler than you think. Ask yourself why a an attorney would even bother to send such a letter. Are they really that desperate to need to send such a letter? How did they get your name anyway? I’ll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was from an ambulance technician. Maybe it was from a police blotter at the police station. (That’s public information that many investigators working for lawyers troll for in various police stations).

Ask yourself another question. Do you let a stranger into your house simply because he says he saw you need a paint job, and amazingly, he’s a painter who is willing to paint your house for a great price? Did you call him? No. Did you seek out other customers of his to determine if he’s reliable and professional? No. He just showed up while trolling through the neighborhood. Is this the type of painter you want working in your house? I don’t think so.

The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident. What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn’t a good lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people will answer the letter? The choice, as always is yours. Make an informed choice.

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Q: During my case, will I have to be examined by a doctor for the defense?

A: In almost every type of injury case the answer is yes. When you put your medical condition in issue, and you claim you were injured because of another’s wrongdoing, the defense has a right to have you examined by a doctor of their choosing. This allegedly (at least in theory) allows them to evaluate your current medical condition to see for themselves whether you are truly as disabled as you claim to be.

The reality is that there are many doctors who are routinely used by various insurance companies to perform Independent medical exams. This term is really a farce, since there is nothing Independent about this exam. The defense insurance company selects this doctor. They send him your records. They pay his fee for the exam. In some cases, the referrals to doctors for these types of exams will make up the bulk of a doctor’s practice. In that instance don’t you think that the doctor is more likely to MINIMIZE your injuries, and make the defendant’s position better, so as to encourage the insurance company to keep sending patients to the doctor to examine?

If the doctor gave an unbiased, totally objective medical opinion in every instance, I am pretty sure that many of the monetary offers by insurance companies would be much fairer and higher than they currently are. Remember, insurance companies are in business to MAKE MONEY. Not to give it away. Also, these doctors who are doing these exams see the patient only one time; and not for treatment. They don’t have the benefit of seeing the patient many times, over a period of weeks, months or even years. There is no real relationship that develops during this solitary exam. How can a physican realistically evaluate someone’s medical condition without the benefit of seeing and evaluating them over time?

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Q: Why are some settlements confidential?

A: In some cases, insurance companies may offer a settlement before trial. Sometimes, in an effort to resolve the case, as an incentive they will offer an amount of money that is acceptable to the injured victim. But, in some instances, the insurance company wants an assurance that the terms of the settlement are not revealed.

They do this for two reasons. Neither one of which is out of the goodness of their heart. The first reason is that they don’t want publicity associated with a settlement. Publicity about an insurance company paying money to an injured victim is never good for them especially since they earn their money by KEEPING their money, not giving it away.

Second, is that other attorneys with similar cases will never learn that the insurance company paid out a certain amount is a specific type of case. So, when the next lawyer tries to negotiate a case with the insurance company, he or she won’t be able to say You paid ‘x’ dollars on the Jones case, so therefore you have to pay at least that amount on this case.

Sometimes, the only way an insurance company will offer such a settlement is on the condition that the terms of the agreement be confidential. Otherwise, there might be no settlement, and the case would proceed to trial.

A client might be willing to agree to this restriction if it were in their best interests. Some clients want to publicize the damage and injuries they suffered as well as any compensation they received for their injuries. In that instance a confidential settlement agreement would not be advisable.

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Very few people sit around, trying to think of ways to pay their lawyer MORE money. Actually, they are probably sitting around, thinking that THEIR lawyer is sitting around, thinking about ways to CHARGE more money. This isn’t true – lawyers can charge plenty of money ethically, because litigation is complex, and usually involves hours of preparation. Lawyers usually charge by the hour. Hours of preparation. Hourly rate. Hours hours hours…

So how do you keep the lawyer fees down? REDUCE the hours the lawyer charges for preparation! In other words, there are things you can gather or prepare for your case, that could be done by your lawyer. If they are done by you, the cost to you is time.

For example, let’s take a divorce, with a modest estate, with custody at dispute. Since the divorce involves property, give your lawyer the last 4 or 5 bank statements, portfolio statements, 401(k) or pension statements, and other such investment and financial statements. Own a house? Provide the last appraisal. No appraisal? In that case, it’s actually cheaper to just order one right now, because it’s going to come in eventually. Oh, and all the same documents for your spouse (don’t break any laws getting the documents, however. It’s not necessary). Make a list of all your deductions fromyour paycheck, utility bills, monthly payments (like car payments, insurance, etc.), other regular payments (like quarterly tax payments, real estate taxes, etc.). Your locality may have a form for this, but do it now on your own.

INVENTORY YOUR HOUSE! There is NOTHING more important than to have an accurate list of the items in your house. If anything is declared on insurance riders, like jewelry or musical instruments, include that also. Take pictures of every room, with the furniture in its usual place. If you have receipts for items you purchased, get them! Make a note of any item you think is not or should not be marital property. You may be wrong on everything, but having such a list makes it easier to review and develop strategy with your lawyer.

Income is usually looked at, so bring your last 4 or 5 Federal and state income tax returns and attachments, 6 months of pay stubs and bonuses, and statements showing investment income. If you run your own business, your books! Profit and loss statements, balance sheets, and checking account statements. Same information for your spouse, if you can get it easily. Bring any documents showing the existence of loans.

Where custody is involved, get school records, medical records, pickup and dropoff logs at the daycare, diaries, letters from the children to you, counseling records, and the like. Go through your check book (if it’s your name or is a joint account) and make a list of checks you wrote for ANYTHING involving the children. If it’s a joint account, then list EVERY check involving the children, whether you or your spouse actually wrote the check, because a joint account means it is your money, regardless of who wrote the check.

Finally, SUMMARIZE! First, ask your lawyer to ASK you to summarize. That way it’s work product and can’t be discovered by the other side. Summaries are excellent tools to save you money on lawyer fees by focusing the lawyer on the important facts. At the same time, summaries help you remember key points, and develop the story of your case.

The suggestions in this article will save you money, by saving your lawyer the time to gather these documents. It might annoy you,to do what you hired a lawyer to do … until you remember that you hired your lawyer to PRESENT the case. Take yourself out to dinner on the money you save!

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In reality, you tend to be upset and dismayed when a long time has passed after you have filed your personal injury lawsuit but still, nothing good is happening from the time the case has started. In most states, the other partys insurance company owes you no responsibility to settle quickly. Your case can either be settled or drag on long after the trial is finished. The question now is what are the reasons for a case to be delayed that long?

There are several things that can slow down the development of your personal injury case. First is discovery which pertains to the desire of the insurance company to know everything about you and your accident. With this, you and you lawyer have to gather up and prepare all the medical bills, records and other relevant documents to your injuries. Some of these must be obtained in a certain way to make them acceptable in court. This can sometimes take time and money.

Second is deposition which refers to the instance where the lawyer/s from the insurance company will ask you in comprehensive details about your injuries, medical history, the accident itself, and the treatment options that youve gone through. Youll most likely to go over a grilling up to the smallest details. Third in line is motion hearing where the insurance company lawyer/s can feel an endless capacity to file motions and go to hearings on motions.

Additionally, mediation which is a typical settlement conference without the formalities of the court can also cause the delay to a court trial. Many courts force lawyers to settle cases prior to trial. Arbitration is a different thing, on the other hand. Its often a binding mini-trial where an informal presentation of the matters involved in the case is done. Also, trials are usually being scheduled based on the courts schedule, not the lawyers schedule. With this, cases can take years to be scheduled for trial, especially in some major urban areas.

Last but not the least, lets talk about collection issues. Its not unusual for someone to have difficulty in collecting the compensation from the insurance company or the person responsible for your injury. The insurance lawyer will have to have a check or draft issued by the company. And before they send you the money, youll be required to sign a release document and file some sort of dismissal motion. Obviously, these things also delay payment.

Indeed, the litigation process can really eat up a lot of your time, money and effort. Therefore, its sometimes better to settle for less prior to trial than to go through the whole process and then end up with a small settlement or perhaps a bad result at trial.

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