Personal Injury Law Blogs

Wal-Mart Loses Motion to Dismiss Discrimination Suit

September 25, 2012—San Francisco, CA—The Los Angeles Times reports that the California Supreme Court delivered bad news to Wal-Mart Stores, Inc., when it ruled that an 11-year-old gender discrimination lawsuit would not be dismissed as the company requested.

Wal-Mart had moved to have the lawsuit dismissed after the U. S. Supreme Court barred employees nationwide from suing the company for gender discrimination.  However, a San Francisco judge ruled that the plaintiffs can reduce the class size and the case will be refiled and reheard at a later time.

How Can A State Supreme Court Judge Rule Against the U.S. Supreme Court?

Employment law cases can become very complicated when the issues of jurisdiction come into play.  While the U. S. Supreme Court is called the “court of highest jurisdiction,” the fact is that the Supreme Court of the United States hears cases relatively rarely and can refuse to hear any case it so chooses.  Even when it does hear cases, the court is free to return them to the states with instructions that may affect the way the states handle these topics.

In this particular case, the U. S. Supreme Court ruled that the lawsuit is barred from including members nationwide into a class but did not necessarily bar the states from hearing individual or state-specific actions.  Therefore, the state Supreme Court judge was within his rights to allow California Wal-Mart employees to file their action at the state level.

What Is A Class Action and How Will It Affect These Employees?

When an employee files against a company on a charge of discrimination, the employee has the option of filing an individual lawsuit specifying only the things that have been done to him or her.  However, it bolsters the employee’s case and helps others if a class action can be filed.  A class action includes all people who have suffered similar discrimination.

However, there are drawbacks to class action suits, as well.  For one thing, some people may be excluded from the class due to individual idiosyncrasies in their cases.  For another, the amount of damages per plaintiff that are awarded in a class action suit can be less than if the person filed individually.  Of course, the costs of the case per plaintiff are much less, as well, because one group of employment lawyers usually handles hundreds or even thousands of plaintiff’s cases in an effective and streamlined manner.

Fraud, Deception and Lies: How Not To Make A Personal Injury Claim

Personal injury claims include claimed losses stemming from a physical or mental injury. In order to win a personal injury case, the plaintiff must be able to prove that they suffered an injury and suffered a loss as a result of that injury. They must also be able to prove that the defendant’s action or inaction caused them to suffer that injury. What happens when a plaintiff files a personal injury claim based on lies? Can a plaintiff be charged with a crime or suffer a financial penalty? Who is charged with investigating these claims, and how do they figure out who is telling the truth?

Fraud Investigation in Personal Injury Cases

When a personal injury case is filed, it is up to the courts to decide if that case will be heard. As explained by our personal injury attorney Indianapolis law firm, courts can only go on the information provided by the plaintiff and defendant. While the plaintiff has the burden of proving their case, the defendant will often pay an investigator to investigate the claim if they suspect fraud, or to introduce doubt into a case. For example, a grocery store that is subject to a slip-and-fall personal injury claim could hire an investigator to look into the plaintiff’s claim. If the plaintiff is claiming grievous physical injury and the fraud investigator observes them on video performing physical activities that are outside their stated abilities, it will greatly hurt their claim, and might even result in the claim being dropped altogether.

Fraud investigators use a variety of means to investigate personal injury claims. Capturing the plaintiff on tape behaving in a manner that is contradictory to their stated physical condition is but one tool in their arsenal. Finding previously filed personal injury claims that establishes a pattern of potentially fraudulent behavior can taint the judge and jury to the point that the claim is virtually dead in the water.

If a person is involved in an auto accident scheme, an experienced investigator can use information from the scene, the injuries claimed, and evidence collected from the vehicles involved to raise suspicion of fraud. In the past, investigators have been able to uncover schemes of this type that involve multiple people and a lot of money. The parties involved leave themselves vulnerable to a variety of consequences for being involved in the fraud.

Consequences of a Fraudulent Claim

There are serious consequences that a plaintiff could face if caught filing a fraudulent personal injury claim. These can include criminal extortion charges, loss of driver’s license and insurance, and they could be subject to a lawsuit filed by the defendant.

If a plaintiff is found to have filed a fraudulent personal injury claim after winning the case and collecting damages, they could be forced to repay the defendant, with interest, until the entirety of the damages are recouped. If they are unable to repay the money, the defendant can garnish their wages or file a lien against their property.

Personal injury claims are usually filed by people who are truly injured. Those who abuse the system often end up getting little to nothing, or they get caught red-handed and have to suffer the very real consequences of their actions.

Article written by Georgina Clatworthy, a former legal blog editor and now a contributing writer for the personal injury attorney Indianapolis based law firm, Sevenish Law. Their experienced lawyers represent many who have suffered serious injuries and always fully investigate all claims to ensure those who are negligent are held accountable.

Calculating damages in personal injury claims

Personal Injury claim lawyers sometimes have a bad name. They are viewed as blood-sucking ambulance, chasers, living off the misery of others. This view is compounded by the seemingly exorbitant amounts awarded by the courts in personal injury cases. Every time we see someone awarded £20,000 for a back injury or £5,000 for a whiplash injury, we instinctively recoil. Is such an injury really worth that much? However, the media rarely report the full story. Often the bottom line award is comprised of payments for several different things and may even contain interest.

The amounts of compensation the court awards are not, contrary to what the media may imply, simply plucked out of thin air by the judge. Instead, a book called the ‘Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases’ is consulted, normally by both parties’ lawyers. This book is produced by the Judicial Studies Board, the body responsible for training the judiciary in England and Wales. The book aims to standardise the amount of compensation awarded across similar cases and was introduced because, in the words of Lord Donaldson of Lymington: “One of the commonest tasks of a judge is also the most difficult… [the] assessment of general damages for pain, suffering and the loss of the amenities of life.”

Lord Donaldson’s words hint at why the task is so difficult, and why the task is so hard: how do you place a monetary value on the loss of a beloved hobby or on the mental anguish which arise from worry, stress and grief? To give some examples: A young girl, aged 16 is injured in a car crash. She suffers a serious head injury and her father his killed. The head injury causes lasting problems. Her dreams of qualifying as a dentist are dashed. She has lost everything good that her potential career may have brought her, and lost her father. How does the court compensate her for this? An elderly gentleman suffers a wrenching back injury at work and can no longer play golf or work tend to his garden. His retirement plans are scotched. How does the court compensate him?

These are situations the courts regularly have to, and indeed have, dealt with. In such cases, it is not only the physical injury that is compensated, but the loss of the intangible ingredients of a happy life– a fulfilling career, the love of a parent, the indulgence of a pastime and the grief brought on by the realisation of these losses.

Not only are mental anguish and the loss of a chance compensated, but interest is awarded, and computations made based on the future. Detailed actuarial tables, known as Ogden Tables are used to calculate the depreciation in value of compensation over several years.

So, the next time you read about an exorbitant award being made and scoff, remember that it isn’t only the broken leg or the fractured skull that is being compensated. It’s the loss of a chance of a happy life, the loss of enjoyment of a hobby and perhaps even the loss of earnings as is the case in some cases.

National Phone Survey on Distracted Driving Attitudes and Behaviors

The following article is provided by the law firm of Allen, Allen, Allen & Allen. They are one of the largest and oldest law firms in Virginia specializing in personal injury and medical malpractice cases. Visit them online at www.allenandallen.com and also at www.tractortraileraccident-attorney.com.

There is a deadly epidemic spreading across our country known as distracted driving.  Distracted driving is any activity in the car that takes your attention away from the primary task of driving.  Distracted driving is a leading cause of car accidents on our roads and highways.

The National Highway Traffic Safety Administration (NHTSA) conducted a recent survey (11/2010 – 12/2010) in an effort to determine distracted driving behaviors amongst drivers of all ages.  This national telephone survey polled 6,002 drivers, 18 and older, throughout the United States, with the objective examining distracted driving behaviors and attitudes of drivers.  Survey questions asked about driving habits, cell phone use, and opinions of distracted driving laws and enforcement.

There are some common threads of distracted driving behavior amongst all survey participants no matter the age, gender or location.  The top distraction is talking to other passengers while driving – 80% of those surveyed admitted to it.  The second largest distraction is adjusting the car radio or changing music (65%).  Other activities that drivers admit to engaging in while driving are eating/drinking (45%) and talking on the phone (40%).

The survey shows that men are more likely than women to use navigation systems (55% of men, 46% of women) and to use portable music players with headphones (4% men, 1% women).  Women, are more likely than their male counterparts to become distracted by children in the back seat (31% women, 23% men) and to perform personal grooming activities while driving (8% women, 3% men).

Young drivers under the age of 25 are two to three times more likely than their elders to read or send text messages or e-mails while driving.

When asked about laws concerning cell phone use while driving, 38% say their home state has a law banning talking on handheld cell phones while driving and 50% believe their state has a law banning texting or e-mailing while driving.  There was overwhelming support for both – 71% believe there should be a ban on handheld cell phone use while driving and 94% believe there should be a ban on texting or e-mailing while driving.

One of the objectives of this research is to assess the current attitudes and self-reported behaviors about distracted driving.  Hopefully, in recognizing the bad habits of different drivers, it is then possible to establish a targeted campaign towards curtailing distracted driving behaviors.  You can read the full results of the National Phone Survey on Distracted Driving here: http://www.nhtsa.gov/staticfiles/nti/pdf/811555.pdf

Every day distracted drivers cause accidents that seriously injure or kill innocent victims. In many instances, the injured are passengers in the car of a distracted driver. If you or a family member has been injured or killed in an accident caused by a distracted driver, it is important to know your rights. An experienced personal injury attorney can help you understand the laws in your favor and can fight for compensation for your injuries and loss.  An attorney experienced in handling accident cases caused by distracted drivers will put your interests ahead of the insurance companies and protect your interests.

Pharmaceutical Injury- Do You Have a Case?

Most people are well aware that there are individuals that receive more harm than good when they choose to go to a doctor. Most medical tragedies are due to simple bad luck, but a few are due to the malpractice of the medical professionals handling a case. What most people don’t consider is the fact that a person can have a doctor that does their job perfectly and still succumb to injuries and even death due to pharmaceutical drugs. These drugs can cause a number of problems, and there is a list of people that could be responsible for these injuries.

Reasons for Injuries

There are a number of injuries a person can sustain due to pharmaceutical errors. These injuries can include allergic reactions, new or worsening serious conditions and even death. There are several ways in which these injuries could occur. One of the main causes of pharmaceutical injuries occurs when a patient is prescribed a drug that has serious interactions with other medications that they are currently on.

Another form of pharmaceutical injury takes place when a pharmacist accidentally gives a medicine that wasn’t prescribed by the doctor or provides the correct medication but the incorrect dosage. There are even people who are given medications exactly as prescribed by their doctor but still suffer adverse reactions due to the drug manufacturer not fully disclosing or knowing all of the potential side effects. Any of these scenarios can spell distress for a patient.

Who Caused the Injury?

There are times when absolutely no one is at fault for pharmaceutical injuries. Many drugs have side effects listed, and patients cannot blame anyone if they know these side effects are a possibility before they start taking the drug. According to the experts at Doyle Raizner, there are several cases, however, when an individual’s or corporation’s negligence may be at fault.

Cases where a person is prescribed two medications that negatively interact with each other would usually have their doctor to blame. This is only, of course, if the doctor should’ve known that the patient was on a medication that would adversely react with one that they prescribed. Pharmacies have been able to avoid liability more and more by stating that they do not know the medical history of a patient and do not interfere with the doctor patient relationship.

Pharmacies that incorrectly fill a prescription, either through the drug itself or the dosage, would obviously be at fault if a person sustained an injury due to the mistake. When a person experiences adverse reactions that were not reported as a potential side effect by the drug manufacturer, however, then that manufacturer is likely at fault.

It is the drug company’s job to provide doctors with all possible side effect information so that physicians and patients can make informed decisions on the drugs. Accutane manufacturers, for instance, warned that people with pre-existing bowel problems shouldn’t take the drug. They failed, however, to warn that Accutane could lead to these conditions. Because Accutane’s manufacturer didn’t give proper warning of these potential side effects, they’ve been successfully sued by several individuals.

Sustaining a pharmaceutical injury is a serious event. The adverse reactions to these drugs can cause long term damage and even death. It is imperative to seek help from a personal injury attorney due to the fact that they have knowledge on how to handle these cases properly. A pharmaceutical negligence case can drag on for years and require work that the layperson simply doesn’t have the knowledge to accomplish. Anyone who tries to take on chain pharmacies, medical institutions or big drug companies on their own will quickly learn that they’re no match for the team of lawyers these entities often have.

Pharmaceutical injuries can be detrimental to a person and their family. The sheer influx of class action lawsuit commercials against drug manufacturers should show people that drugs which are meant to help individuals can often cause serious problems. These problems can be the fault of a pharmacy, doctor or even the drug manufacturer itself. If someone sustained an injury due to the negligence of any of these parties, it is important that they get a personal injury lawyer, because they never know how long-term these adverse effects may be.

Katie Hewatt is a legal researcher and contributing author for www.doyleraizner.com, a law firm that specializes in personal injury cases including aviation accidents, cruise ship injuries, trucking accidents, bus accidents, and pharmaceutical injuries. The attorneys at Doyle Raizner, have worked for defense firms and have experience defending lawsuits for pharmaceutical companies so when you hire Doyle Raizner, you will get attorneys that have been on both sides of the fence.

Deadly Medicine: Pharmaceutical Lawsuits

There is no question that medical advances over the past century have saved millions of lives. New drugs used to be released on a far less common basis than they are today and usually only after stringent approval from the Food and Drug Administration (FDA). It now seems, however, that a new drug is hitting the market on a nearly daily basis. Unfortunately these drugs are often advertised on television a few months before commercials advertising legal services for victims of the drug start showing. It leaves people wondering how so many dangerous drugs are actually making it to market.

Why Pharmaceutical Companies Push so Hard

Pharmaceutical companies seem to do everything that they can to get new drugs approved by the FDA. There is one simple reason for this push: money. The makers of the anti-stroke drug Pradaxa, for instance, cleared over one billion dollars in profit during 2011. Only after the drug was approved did the real costs of taking it become evident. According to information from www.pradaxalitigation.com, over five hundred deaths were attributed to the use of Pradaxa in 2011; which is more deaths than have been caused by any other drug being monitored by the FDA. This has led to lawsuits being filed against the company.

How Dangerous Drugs make it to Market

A person may be inclined to believe that there must be no oversight in prescription drug approval processes after hearing of the dangerous side effects of drugs like Pradaxa, but this is inaccurate. All drugs used in the United States must undergo testing and an approval process. This leaves many people wondering how such dangerous drugs get into the hands of patients. The simple answer is that the quest to make a profit often leads pharmaceutical companies to use lax standards in their testing of the drug.

Chris Hansen of NBC recently did a report on drug trial sites overseas. Prescription drug manufacturers have discovered that they can save millions of dollars and avoid certain regulations by having their trials outsourced to countries like India. The savings is so substantial that eighty percent of the drugs that the FDA reviews have been tested in foreign countries. This statistic only becomes more frightening when a person learns that the FDA inspects less than one percent of these foreign testing sites.

Get it Done Quickly

Chris Hansen found that two major clinical trial facilities in India were more than willing to start the approval process of a drug with the exact same makeup as Vioxx, a medicine that has been pulled from the market due to its deadly effects. One of these facilities even recommended paying off a doctor to say that the drug was safe for use. These companies were obviously familiar with getting clinical trials done quickly in an effort to expedite approval.

Getting the drug approved quickly doesn’t seem to be enough for some companies. The drug manufacturers also seem to want to quickly get their drugs into the hands of as many people as possible. Drug manufacturer Glaxo Smith Kline actually had to pay over three billion dollars in fines when it was discovered that they were influencing doctors to give the drug Paxil to patients it wasn’t approved for. This was done through placing misleading journal articles in medical publications and providing illegal rewards to doctors.

Pharmaceutical drugs make up a multibillion dollar industry. It is often in the best interest of big drug companies to have the trials related to these drugs done quickly and with little regulation. This unfortunately ends detrimentally for thousands of patients across the United States. The FDA unfortunately doesn’t have the manpower to thoroughly test all new drugs that are presented to them, and this inability often allows dangerous drugs to do years of damage before the real dangers are noticed. Until the FDA can more effectively handle their approval process, mass litigation is the only thing that may deter drug companies from putting deadly medicine out to the masses.

Shelby Warden is a researcher that contributes articles for www.pradaxalitigation.com and Doyle Raizner, a trial litigation firm that helps persons injured by pharmaceutical companies.  Since its release in 2010, Pradaxa has been linked to more deaths and adverse effects than any other anticoagulant. If you or a loved one has been harmed by a Pradaxa, the attorneys at Doyle Raizner will help you get the settlement to which you are entitled.

Largest Product Liability Award in New Hampshire History Upheld on Appeal

In Bartlett v. Mutual Pharmaceutical Co.,Inc., the United States Court of Appeals for the First Circuit held that generic drug manufacturers cannot rely on federal preemption to shield themselves from products liability claims alleging defective design of generic drugs.

I. Facts

Karen Bartlett (Bartlett) suffered burns on two-thirds of her body and permanent near-blindness several months after she started taking a generic version of the prescription drug sulindac, an anti-inflammatory pain reliever. Sulindac has been known on rare occasions to cause a hypersensitivity reaction like Bartlett’s. Mutual Pharmaceutical Company (Mutual) was the maker of generic sulindac.

II. Procedural Posture

Bartlett sued Mutual in New Hampshire state court, asserting design defect and inadequate warning claims. After Mutual removed the case to federal district court on diversity grounds, the court dismissed all of Bartlett’s claims except for her state law claim that sulindac had a design defect. The jury found in favor of Bartlett, awarding her $21.06 million in damages. Mutual appealed.

III. Preemption

On appeal, Mutual argued that federal law impliedly preempted Bartlett’s state law design defect claim because:

1.    The Food and Drug Administration (FDA) closely regulates prescription drugs and their warnings.
2.    The FDA requires generic drugs to have the same design and warning labels as the brand-name bioequivalents.
3.    The FDA had already approved sulindac.
4.    Congress did not intend for juries to have the power under state law to second-guess the FDA’s decision in approving a drug.

Mutual cited to  PLIVA, Inc. v. Mensing in support of its argument.  The Mensing Court held that FDA regulations impliedly preempted state law inadequate warning claims against generic drug manufacturers. The Court found that such claims conflict with federal labeling standards that require generic drugs to carry the same warning labels as the brand-name bioequivalents.

Mutual made a similar argument with respect to Bartlett’s design defect claim.  Mutual contended that just as FDA regulations prohibit it as a generic drug manufacturer from altering the labeling on sulindac, Mutual is prohibited from altering the composition of sulindac pursuant to FDA regulations. Consequently, Mutual argued that FDA regulations barred Bartlett’s design defect claim.

The First Circuit disagreed and declined to extend Mensing to design defect claims. The court did agree with Mutual that it could not have changed the chemical makeup of sulindac.  However, the court found that Mutual could have chosen to not manufacture the drug at all. Noting a developing split in the lower courts, the First Circuit stated that if the Supreme Court wants to expand Mensing to cover state law design defect claims, then it should issue such a ruling. Thus, the court upheld the jury award.

IV. Split in the Lower Courts 

Contrary to the First Circuit’s view, there is no split developing in the lower courts. These courts all agree that state law claims against generic drug makers for design defect and “failure to withdraw drug” are preempted pursuant to Mensing:

A. Design Defect Claims Preempted

•    Second Circuit

In re Pamidronate Prods. Liab. Litig. (E.D.N.Y. Jan. 30, 2012)

•    Third Circuit

In re Fosamax Prods. Liab. Litig. (D.N.J. Nov. 21, 2011)
Lyman v. Pfizer, Inc. (D. Vt. Feb. 3, 2012)

•    Fifth Circuit

Eckhardt v. Qualitest Pharmaceuticals, Inc. (S.D. Tex. April 30, 2012)
Johnson v. Teva Pharmaceuticals (W.D. La. May 21, 2012)
Stevens v. PLIVA, Inc. (W.D. La. Nov. 15, 2011)

•    Sixth Circuit

Fulgenzi v. Pliva, Inc. (N.D. Ohio Mar. 31, 2012)
In re Darvocet, Darvon & Propoxyphene Prods. Liab. Litig. (E.D. Ky. Mar. 5, 2012)

•    Eleventh Circuit

Metz v. Wyeth (M.D. Fla. Mar. 28, 2012)

B. “Failure to Withdraw Drug” claims preempted

•    Fourth Circuit

Gross v. Pfizer, Inc. (D. Md. Nov. 22, 2011)</a>

•    Fifth Circuit

Eckhardt v. Qualitest Pharmaceuticals, Inc. (S.D. Tex. April 30, 2012)
Cooper v. Wyeth, Inc. (M.D. La. Mar. 6, 2012)
 Johnson v. Teva Pharmaceuticals (W.D. La. May 21, 2012)

•    Sixth Circuit

*In re Darvocet, Darvon & Propoxyphene Prods. Liab. Litig. (E.D. Ky. June 22, 2012) (rejecting Bartlett as unpersuasive)

•    Eighth Circuit

Moretti v. Mutual Pharmaceutical Co. (D. Minn. Feb. 13, 2012)

•    Eleventh Circuit

 Coney v. Mylan Pharmaceuticals, Inc. (S.D. Ga. Jan 19, 2012)
Metz v. Wyeth (M.D. Fla. Mar. 28, 2012)
Moore v. Mylan, Inc. (N.D. Ga. Jan. 5, 2012)

V. Is Bartlett “Certworthy?”

It is has to be.  Two criteria that the Supreme Court evaluates in granting certiorari is:

1. Importance of the case.
2. Egregious error on the part of the lower courts.

The Bartlett decision could have a costly impact on American health care. As far as whether the lower courts committed egregious error:  is it the First Circuit or the fair number of federal district courts who disagree with the First Circuit?

 

Erika Staples is familiar with the medical field, and knows that knows medical malpractice is a serious issue.  There are many legal firms available to help victims.

Hurt at Work? How to Claim What You Are Due

The following is a guest personal injury post from John Corwin, a freelance medical writer covering medical news, such as new drug releases, and cases of exceptional treatment be they good or bad.

Unfortunately, workplace accidents that cause injuries are common in the UK and lead to thousands of workers missing time every year. Those who feel like their employer is at fault for these injuries have a number of options, including filing an injury claim. In cases where clinical negligence is present, it is a good idea to seek any financial reimbursement possible. Many employers have started cutting corners with their safety standards because of the economic downturn, but innocent workers should not have to suffer through not only an injury, but also lost wages because of this negligence.

Causes of Injuries

Injuries can occur in a variety of different situation, such as slips and falls, explosions, fires, dangerous substances scaffolding collapses, and falling debris. The injuries that occur can include broken bones, concussions, blindness, amputations, and even death. Any injury that presents a worker from going to work for at least seven days must legally be reported to the Health and Safety Executive. Any injury that occurs at all should be reported in the company’s logbook, just in case it worsens over time.

There is a distinct set of laws for each situation put forth in the Health and Safety Act, which outlines the responsibility that an employer has in these situation. Since employers have a duty to protect their workers, a settlement might be due in the case of clinical negligence. For this reason, it is vital that all workers follow the correct process when an injury occurs, since they cannot receive the proper protection if they do not.

Making a Claim

Those who are injured at work while fulfilling a work activity are able to file a claim for financial compensation. The process is usually pretty simply, as long as the worker follows the correct procedure. In most cases, it is a good idea to contact a solicitor who can help put things into motion, as these individuals deal with hundreds of clinical negligence cases every year and know the exact process. Different solicitors have knowledge in different areas, since there is a different claim for each injury type. Therefore, it is a good idea to speak with someone who has dealt with this exact situation.

The process differs depending on how the employer handles it. In most situations, the employee will be referred to the insurance company, which is how the claim goes through. This is another situation where having a solicitor on a retainer comes in handy, since he or she can deal directly with the insurance company and, with any luck, settle the dispute out of court.

Amount of Claim

The amount that an employee can claim is based on a number of factors. The first type of claim is merely for those who have missed some work due to an injury. This is considered a repayment of these lost wages and medical expenses and it maxes out at an amount that is similar to these costs. As long as the worker is eventually able to go back to work, the amount will probably be a maximum of about ₤25,000.

In situations where the medical expenses and time away from work are more extremely, this number grows exponentially. There have been cases where employees have been awarded over ₤1,000,000 in these situations, although this is usually because of a permanent injury that occurred on the jobsite. This is an extreme case of clinical negligence and usually means that the victim’s quality of life has been lessened in some way because of this accident.

When to File

Any injury that occurred on the jobsite could potentially turn into a clinical negligence, since there is no way to know how long an injury will take to heal. As a result, it is a good idea to file an accident report after every injury, since this protects the employee if things worsen over time.

Finding the Right Personal Injury Lawyer

Getting hurt can severely impact your quality of life. Working and providing is directly tied to your health. Seems obvious, right? Yet, so many people that do get hurt do not take the appropriate steps to protect themselves, their loved ones, and their rights. Regardless of how clear cut a scenario may seem, the legal field is very complex. A personal injury lawyer is the most effective means of protecting your rights as you deal with the stress, doctors, and recovery.

Undoubtedly, you are here because you want to find the right lawyer for representation. “Right” is an ambiguous term that will mean different things depending on the person. For this subject matter, we feel that the “right lawyer” will meet the following criteria at minimum:
Be passionate about their choice in field.
Be capable of success and knowledgeable.
Be accessible and return calls promptly.
Be willing and patient to ensure you understand.

And now to separate the “right” from wrong…

*Analyze A Lawyer’s Website
Once upon a time, running out of business cards was an unforgivable act. Handing a business card to a potential customer was a means of enabling future communication. Not having them inferred that the person was not looking to their future success. The business card of today is the website. That makes any business’s website a good place to start your evaluation. No website? Keep looking!

Read through the “About Us” section. “About Us” will often include things like mission statements, what motivates the lawyer, and why they decided on this branch in the first place. A lawyer that pursues this branch of law because they or someone close to them suffered is going to understand your struggles much better. The “About Us” section should also include how long they have been practicing in the appropriate field.

Look for a section highlighting “Contributions”. A lawyer that is involved in the legal community, law groups in their discipline, writes papers, gives presentations, teaches, or provides analysis (such as for news organizations) is to be viewed as very knowledgeable. This lawyer understands their discipline well enough that other professionals are willing to entertain their knowledge and opinions. That is a huge nod to credibility.

*Person To Person Interaction
The internet makes it simple for people from all over the world to come together. In this case, it is not in your best interest to secure a lawyer from the other side of the country. Start with local lawyers and work your way out to nearby cities. That keeps your representation in a location accessible to you. If you need to sign forms or have a discrepancy to clear up, an office visit is much quicker than waiting for the mail.

Free consultation is an industry standard. The consultation will likely be with an employee of the lawyer or firm. This is a great opportunity to see how this entity approaches their public relations. The person you are meeting with should be passionate about understanding your situation and finding a resolution. It is reasonable to judge the entire firm based off of this person’s demeanor and actions.

A personal injury lawyer does not have a practice without people to represent. A lawyer that does not understand the importance of the person giving the free consultation is demonstrating an incredible shortsightedness- one on par with not having a business card or a website.

Personal injuries are very tragic events and must be treated with the utmost sensitivity. Make sure you have someone who will fight for you. The Dashner Law Firm,  personal injury attorneys in Irving,  devotes countless hours to delivering clients what they deserve.

Superb use of infographics

Infographics are all the rage and we think they are fantastic also. They are particularly good for law, which can be a complex subject and involves a lot of factual information.

With personal injury and accidents, statistics suggest that, when looking for compensation claim advice, those looking want to know about the data such as how common accidents are, what compensation may be available and so on, so infographics are particularly helpful in this respect.

There have been very few infographics created so far by UK law firms. We believe this is set to change and we are in fact working on come ourselves at the moment. In the meantime, below is an excellent infographic very recently produced by Compliance and safety.

Clearly, ads the infographic shows, working at height is the number 1 cause of fatal accidents. It also shows that in the US, the number of fatalities is decreasing, which is good news.

What do you think about this data ? Do you agree that this is an excellent way of clearly demonstrating a lot of data in a very accessible way ?

 


Featured By: Compliance and Safety