The Court Of Public Opinion

Here’s What Happens When Pieces Of The Story Are Missing

Think about this: When I speak to a medical expert and send him a client’s medical records to review, it is extremely important that we have all of the necessary documents. If some crucial piece of information is missing, my expert may come to a conclusion about your case that is inaccurate because he doesn’t have everything he needs.

Image what happens if your case proceeds to trial and you don’t tell me everything in your history or background and we don’t learn it during the discovery part of your case. At trial you can be sure the defense will have learned it through their investigation and it’ll blow up on you at trial. I guarantee it.

The defense will take the missing information and ask our expert the following questions:

Q: Doctor, if you were aware that Mr. Jones was a drug addict, would that change your opinion of the case?

Q: Doctor, if you knew that the patient chose not to take his blood thinner medications to prevent stroke, and he had a stroke, would that change your opinion about the treatment rendered by these doctors?

Q: Did you know that Mr. Jones told the emergency room nurses that he wasn’t allergic to any medication?

Q: Assume the nurses asked him if he was allergic and he said no.

Q: Assume that the nurses gave him penicillin because he specifically told them he wasn’t allergic to any medications.

Q: Assuming those facts to be true, and by the way, you know that he didn’t tell the nurses he was allergic, right?

Q: If he didn’t tell the nurses he was allergic to penicillin, and they asked if he was allergic, are you still saying they are responsible for the reaction he suffered when he was given penicillin?

So what happened here?

The expert doctor was never told that the patient failed to inform the nurses that he was allergic. He came to conclusions about the treatment based on incomplete and inaccurate information. The physician had to concede the point on cross-examination that if he had not told the nurses about his allergy, then there was no way the hospital could be responsible for his allergic reaction.

Let’s look at it another way: Why would a client with injuries hide information from his lawyer?

The reasons are endless. Some clients feel that it’s none of the attorney’s business. Some don’t like others to know their intimate details of an illness or personal details about their finances. Whatever the reason, a client that withholds information may seriously hamper and jeopardize their case.

The key is to let the attorney determine what information is important and relevant. If I know about a problem in the case, let’s say someone was convicted of a crime in the past, I know how to deal with it properly and can advise you how to handle the questions that you will be asked. If you lie about your past history (Q: Have you ever been convicted of a crime?) that is literally the ‘kiss of death’ for your case.

Remember, your credibility is the most important part of your case. If you are found to have lied during your testimony, the Judge will instruct the jurors that they may disregard all or part of your testimony. In New York, this jury instruction is called Falsus in uno, which means that if you lied about one thing, there is the possibility that you have lied about other things as well. How can a jury believe you if you cannot even acknowledge your past problems?

When an injured client comes to a lawyer for help they must build a mutual trusting relationship. You must feel confident with your lawyer and his or her abilities. If you don’t, you should seriously consider getting another lawyer.

Attorney Oginski has been in practice for 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

People suffer personal injury every day through road traffic accidents, slips and falls at work and through medical negligence. Many of these accidents are one?s own fault, yet a vast majority are due to the negligence of others that may have caused you personal injury either directly or indirectly, lending grounds for compensation.

Some of the more serious personal injuries include: head injury, neck injury (whiplash), back injury, and leg injury, although those with seemingly minor injuries to other parts of the body may also be able to claim for their pain and suffering. In addition to receiving funds directly for the injury, you may also be eligible for compensation due to loss of earnings if you can no longer do your job.

The head and neck are particularly vulnerable and if you have been injured here, you should get your injury checked out as soon as possible. As far as whiplash is concerned, perhaps the most common road accident injury, your injury may seem trivial but problems can occur in the future. What started as a dull, yet niggling, ache may become more severe in time owing to damaged muscles, ligaments, or bones.

If you are thinking of trying for compensation, it is a good idea not to go back to work until you have spoken to a personal injury lawyer, as this may run against you in any court case; they may argue that you were fit enough to carry on working after your accident.

As far as the UK is concerned, those who have sustained personal injury at the hands of others must file a lawsuit within three years of the injury or risk losing out altogether. The first thing you should do is to speak to a personal injury lawyer with experience in dealing with personal injury cases.

It?s also worth noting that many law firms operate on a no win, no fee basis nowadays, meaning you have nothing to lose should you not be successful in winning compensation. In addition, and also in your favour, even if you do win compensation for your injury, your personal injury solicitor will claim their fee from the defence and not from the compensation you have been awarded.

David R is senior editor of the site http://www.no-win-no-fee-personalinjury.co.uk, a user friendly website offering information and advice on personal injury claims, from neck and dog bite injuries to medical negligence, and expert witnesses.

Following an accident you’ll hear a person say that they don’t need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an

Even for once, you might be involved in a personal injury case. In such case, you might want to claim a compensation for the pain and suffering that it has caused you.

This is when a personal injury lawyer is necessary. You must consult an injury lawyer, even if just to speak about the concern you have.

Remember that no matter how big or small your personal injury case is, you must file your personal injury claim and see what your legal rights are. And, your personal injury lawyer will help you about these matters all throughout your case.

Personal injury lawyers are so important in your personal injury cases.

They have been specializing in various services to offer possible clients.

These personal injury services include handling cases of auto or car accidents, aviation disasters, plane crashes or accidents, birth injury, brain injury, dangerous and defective products, dental malpractice, dog bites, medical malpractice, nursing home abuse, products liability, serious personal injury or catastrophic injuries, slip and fall, spinal cord injury, unfair insurance practices, wrongful death, and a lot more.

Indeed, a competent counsel is so important in a personal injury case.

So, if you?ve been involved in such case, don?t think twice, go out, find the personal injury lawyer to be your partner in your quest for justice, and enjoy the services that he offers you

WHEN AN INJRY LAWYER IS NEEDED?

When you have suffered any personal injury ,that?s when you need an injury lawyer, you should then consult with a personal injury lawyer as soon as practical.

An experienced attorney may have specific recommendations, cautionary advice and can help you through the recovery process.

There may be things that a personal injury lawyer can do in the short term to help you through the personal injury recovery process, such as making sure that insurance is paying for a rental car or assisting in finding qualified care from a medical specialist in the needed field.

Prompt consultation with a personal injury lawyer also allows the lawyer to send an investigator to the scene before the accident scene changes and to retain qualified experts if necessary.

Remember, failure to act promptly may result in missed deadlines, including statutes of limitations under Arizona law, that could result in an injured party sacrificing all or some of his/her rights.

For more more information about Injury Lawyers please visit http://www.injury-lawyer-help.com

In one of the most widely misreported and misunderstood cases in recent memory, a Albuquerque, New Mexico jury awarded 79 year-old Stella Liebeck $2.9 million for severe burns suffered after she spilled a cup of McDonald’s coffee, which she had placed between her knees.

The jury’s award was for $200,000 in compensatory damages and $2.7 million for punitive damages (because of McDonald’s callous conduct). The jury also found Mrs. Liebeck 20% negligent, reducing the compensatory damages to $160,000. The trial judge also reduced the punitive damages to $480,000. Mrs. Liebeck did not receive $2.9 million, or $2.86 million, or $740,000. The parties entered a post-verdict settlement for a undisclosed amount.

(States have different legal standards with respect to negligence. New Mexico uses a comparative negligence rule, which assigns blame and, therefore, judgments proportionally. Other states such as North Carolina use a contributory negligence standard, which bars a plaintiff from recovery if their actions contributed even 1% to the accident!)

THE FACTS OF THE CASE

Mrs. Liebeck, while a passenger in her grandson’s car, purchased a cup of coffee at the drive-thru window at McDonalds. While the car was stopped, she placed the cup securely between her knees and attempted to remove the lid. The cup accidentally tipped over and poured the scalding (180-190? Fahrenheit) hot water onto her lap.

She suffered third-degree burns over 16 percent of her body. During her eight day hospitalization she underwent skin grafting and painful whirlpool treatment for debridement (removal of damaged tissue) of her wounds. She has extensive scarring and was disabled for more than two years.

Despite these very painful and debilitating injuries and their expensive medical treatment, Mrs. Liebeck offered to settle with McDonald’s for $20,000.

McDonald’s refused to settle and the case went to trial.

FACTS PRESENTED AT TRAIL

The jury heard the following evidence in the case:

? McDonalds’s coffee sales are $1.3 million per day.

? By corporate specifications, McDonald’s sells its coffee at 180 to 190 degrees Fahrenheit; Coffee at that temperature, if spilled, causes third-degree burns (the skin is burned away down to the muscle/fatty-tissue layer) in two to seven seconds; Third-degree burns do not heal without skin grafting, debridement and whirlpool treatments that cost tens of thousands of dollars and result in permanent disfigurement, extreme pain and disability of the victim for many months, and in some cases, years;

? The chairman of the department of mechanical engineering and bio-mechanical engineering at the University of Texas testified that this risk of harm is unacceptable, as did a widely recognized expert on burns, the editor in chief of the leading scholarly publication in the specialty, the Journal of Burn Care and Rehabilitation;

? McDonald’s admitted that it has known about the risk of serious burns from its scalding hot coffee for more than 10 years — the risk was brought to its attention through numerous other claims and suits, to no avail;

? From 1982 to 1992, McDonald’s coffee burned more than 700 people, many receiving severe burns to the genital area, perineum, inner thighs, and buttocks;

? Not only men and women, but also children and infants, have been burned by McDonald’s scalding hot coffee, in some instances due to inadvertent spillage by McDonald’s employees;

? At least one woman had coffee dropped in her lap through the service window, causing third-degree burns to her inner thighs and other sensitive areas, which resulted in disability for years;

? Witnesses for McDonald’s admitted in court that consumers are unaware of the extent of the risk of serious burns from spilled coffee served at McDonald’s required temperature;

? McDonald’s admitted that it did not warn customers of the nature and extent of this risk and could offer no explanation as to why it did not;

? McDonald’s witnesses testified that it did not intend to turn down the heat — As one witness put it: No, there is no current plan to change the procedure that we’re using in that regard right now;

? McDonald’s admitted that its coffee is not fit for consumption when sold because it causes severe scalds if spilled or drunk;

? Liebeck’s treating physician testified that her injury was one of the worst scald burns he had ever seen.

? Moreover, the Shriner’s Burn Institute in Cincinnati had published warnings to the franchise food industry that its members were unnecessarily causing serious scald burns by serving beverages above 130 degrees Fahrenheit.

In refusing to grant a new trial in the case, Judge Robert Scott called McDonald’s behavior callous. Moreover, the day after the verdict, the news media documented that coffee at the McDonald’s in Albuquerque [where Liebeck was burned is now sold at 158 degrees. This will cause third-degree burns in about 60 seconds, rather than in two to seven seconds [so that, the margin of safety has been increased as a direct consequence of this verdict.

By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services ? www.captran.com.

This information is opinion and not intended to be legal advice. Readers should not act on this information without seeking the advice of a competent attorney. ? 2003 CapTran

By Wayne C Walker, President of Capital Transaction Group Inc. a leader in litigation financial services ? http://www.captran.com.

We?ve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a person?s actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

Peter Peckham is a freelance author from Wilson, North Carolina. For examples of other articles, see http://www.a1-personal-injury-attorney.net

Weve all seen the ads for a personal injury attorney on television, on billboards and in newspapers, but when should we consider consulting personal injury lawyers? A personal injury claim can be made when a person suffers an injury through the negligence of another person. Negligence is when a persons actions are deemed to place another person in unreasonable risk. If this negligence leads to an accident then there is a case for a personal injury lawsuit.

Types of Personal Injury.

Personal injuries can be almost anything that leads to an injury. Whether this is a car accident caused by another driver, or whether you slip and fall while shopping or even at work these are all probably causes for personal injury claims. Tripping over badly laid paving slabs may lead to a successful personal injury claim. Dog bites, asbestos illnesses, a crash while on public transport or any accident that leads to bodily injury may mean you are entitled to claim. A personal injury attorney will be able to advise you whether you have a case or not.

The extent of your claim usually depends on the seriousness of your injury. You are entitled to claim for loss of earnings as well as compensation for bodily injuries and emotional distress. In some cases, for instance asbestos illnesses, your family is entitled to claim on your behalf.

What to do next.

If you have been involved in an accident, the first thing you should do is contact a personal injury attorney; they will be able to advise you whether you have a right to a personal injury claim or not. These consultations are usually free and quite often a personal injury attorney will not take any money unless they win the claim.

The pain and suffering caused by many accidents can be long lasting and not only physical but emotional and mental as well. It can take months or even years to recover from the anguish caused by some injuries.

Families and friends can be affected as well, the mental anguish for them being almost as traumatic as it is for you. You may need short- or even long-term care. Not all injuries are short-term. Many people who worked with materials that contain asbestos in the 20th century have developed lung cancer or mesothelioma. These are both very serious illnesses that can have adverse affects throughout life and possibly lead to death.

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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: Do I even need an attorney to represent me in my claim with the insurance company?

A: No you don’t. Some claims, and some injuries don’t even warrant an attorney’s involvment. But…many do. How will you know the true value of your injuries? How will you know whether the insurance adjuster who makes you a first offer is doing the right thing? How do you know whether the insurance adjuster is simply trying to save his company money by low-balling you and giving you a take-it-or-leave-it offer? How will you know what your options are if you choose not to accept the insurance company’s offer? What can you do to maximize the amount the insurance company offers you for your injuries? Do you need further medical care for your injuries in the future? Have you considered who will pay for future medical expenses for injuries caused in this particular accident?

What happens if you have a recurrence of your injury weeks, months or years from now? Will the insurance company re-open this case and agree to pay me more later? Why is the insurance adjuster so willing to settle my case now? Why did they just send me a check for my injuries? Should I cash it? What will happen if I cash this check? Can I go back to them for more if needed, or is this it?

The bottom line is that you may not need an attorney at all. If you have experience with insurance adjusters, and you know the true value and extent of your injuries, then you just might be better off negotiating directly with the adjuster. BUT, if you don’t…then I’d strongly recommend speaking with an injury attorney who has many years of experience dealing with these exact types of cases.

For example, if you needed eye surgery, you wouldn’t go see your family doctor for treatment. If you need brain surgery, you don’t rely on a skin doctor to treat your condition. Many attorneys have focused and limited their practice to just a few areas of the law. Lawyers in New York are not permitted to say they are specialists in any particular field of law. However, we are permitted to tell you how extensive our experience is in the areas of law that we do practice. We can also tell you how we have helped other similar clients, even though their experiences may not reflect what we can do for you. Again, beware of attorneys who claim they practice many different areas of law. It’s very difficult to be good at everything.

The best thing you can do when faced with an injury caused by someone’s carelessness is to become informed. Find out as much as possible about the attorney, the law firm, the facts of your case, your medical condition, the procedures you need to go through to process your claim, and what your legal options are. Only by becoming fully informed about your options will you be able to make an informed decision about which legal road you will take. Beware of the legal minefields when handling your own case. In case you need it, find an attorney who can guide you through those legal minefields and avoid the traps that experienced attorneys commonly see.

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Lawyers offer specialized knowledge and experience to help you through some of the biggest decisions in your life. Given the importance, you should have complete confidence, both professionally and personally, in your choice. Whether your problem is business or personal, seek a personal fit.

Initially, identify the type of legal problem you face and then find lawyers with experience and expertise in that field. Lawyers specialize in their practice, much like physicians. Practice areas generally fall within Business & Employment, Family & Individual, or Accident & Injury.

Business & Employment practices usually involve business formation, sale & purchase; taxation & financing; contracts & agreements; real estate & land use; government regulation & compliance; or labor & employment relations.

Family & Individual practices may handle wills, trusts & estate planning; divorce & custody; domestic partnerships & pre/post-nuptial agreements; real estate sale & purchase; contractor disputes; bankruptcy; insurance disputes; or criminal & municipal.

Accident & Injury lawyers represent clients for personal injury & accidents; mass tort & class actions; medical malpractice; or workers compensation & disability.

Once you have found some competent lawyers or firms in their practice areas, choose the one who makes you feel confident and comfortable. However skilled or experienced the lawyer, it does you no good if you are intimidated or uncomfortable asking questions or discussing your problems.

Try these steps to help facilitate your search:

1. Before researching the lawyers, research your own legal needs and decision-making style; consider your personal and business situations

2. Ask for referrals from people whose opinions you respect and have worked with attorneys, especially on the kinds of legal matters you are likely to encounter

3. Go online to search law firms and visit their websites to check their practice specialties, credentials, affiliations, articles, clients, results, and personality

4. Interview a few of your top prospects, preferably at their offices, so you can see their environment, experience their style, and meet some of their team

5. Ask each attorney for 2 or 3 client references with situations similar to yours.

You can decide to hire the lawyer at your first meeting or take time to think things over. In either case, you may want to ask yourself the following questions:

Are you confident this lawyer has the experience and skill to handle your case?

Will you be comfortable working closely with this lawyer?

Do you understand this lawyers explanation of what your case involves?

If your answer to one or more of these questions is no, then you should probably consult someone else. If all your answers are yes, then you may have found the right lawyer for you.

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