Birmingham Personal Injury Law: Car Accident Litigation

July 19th, 2009 at 07:07pm Under Personal Injury Law

A car accident can happen to the best of us.  No matter how safe you drive, the Birmingham roads are dangerous places.  Several major interstates merge in Birmingham, bringing with them thousands of vehicles including large, commercial trucks that could crush even the sturdiest SUV on the highway.

If you are injured in a car accident that was caused by someone else’s negligence, you are likely entitled to compensation for your injuries from the at-fault driver’s insurance company.  You will probably find it very challenging to get the right value for your injuries, particularly if you do not have a lawyer.

If your lawyer is able to settle with the insurance company without filing a lawsuit, you will be very happy to have avoided ligitating your injury case. We wish it was that easy all the time. If the insurance company, however, won’t offer you a fair settlement, your lawyer will need to file a lawsuit in order to fight for just compensation.

When your lawyer files a lawsuit, the litigation has begun. A lawyer for the at-fault driver, often paid for by the insurance company, will enter an appearance in the case. The court will issue a cause number for your case and suddenly you have become the plaintiff in a lawsuit.

The process of filing a lawsuit and pursuing your claim against the defendant and his or her lawyer is known as litigation. You have now opted to use the local or state court system, a public entity, to pursue your claim against the at-fault driver. It is important that you understand that this is a major step and not one to be taken lightly. You need an experienced Birmingham lawyer on your side to make sure that the litigation goes smoothly.

Personal Injury Negotiating – Be Prepared to Walk Away

July 19th, 2009 at 01:07pm Under Personal Injury Law

Described by Roger Dawson, author of “Secrets of Power Negotiating” as the “most powerful” negotiating pressure point, the ability to walk away is critical in getting the best possible dollar value from an injury case.
“If there’s one thing that I can impress upon you that would make you a 10 times more powerful negotiator, it’s this” says Roger, “Learn to develop walk-away power.”
I’ve often seen this in mediations. These, in injury cases, often take place when the lawsuit is nearly done. There may be a trial date scheduled. (Which, by the way, greatly increases the chances of a successful settlement.)
Mediations are a non-binding way to resolve disputes. They usually take place at the office of one of the lawyers. A mediator is chosen by mutual agreement of both sides. The mediator will usually be a retired judge or an experienced lawyer.
Everyone meets in a conference room where each side has a chance to tell his story. The mediator then lays the ground rules and the sides split up into separate rooms.
The mediator then travels from room to room working with each side to reach a resolution.
Be Patient
One of the keys to a successful mediation is to feel no pressure whatsoever about settling the case. The best position to take is: we’re ready to go to trial so if we can’t get what we want to today “we’ll see you in court.”
Just having the right attitude can help you get the case resolved. But, if necessary, you leave at the end of the mediation and you have additional chances to settle the case before trial and even after trial starts.
My Roman Flea Market Experience
Maybe it wasn’t a flea market but it was definitely outdoors and in Rome. My Italian companion of the day was helping me to buy a coat and guiding me through the process.
When I found a coat I liked (loved, actually) I was coached to act disinterested by stating it was not exactly what I was looking for. I made a very low offer which was promptly rejected.
We visited some other booths then returned. The coat really did not meet my needs I explained, raising my offer just a little.
After nearly an hour of this exercise the vendor sold me the coat for far less than I had expected to pay. The vendor was obviously angry. But I was prepared to walk away. And it paid.
Point of No Return
“The minute you pass the point when you’re willing to say, ‘I’m prepared to walk away from this,’ you lose in the negotiations” says Dawson.
Dawson tells the story of his daughter Julia who fell in love with a used car. The salesman knew it and the price showed it.
When Julia asked her father to help negotiate a better deal he asked her, “Julia, are you prepared to come home tonight without the car?”
“No, I’m not” she said, “I want it. I want it. I want it.”
“Julia” he said, “you might as well get your checkbook out and give them what they’re asking, because you’ve already set yourself up to lose in the negotiations. We’ve got to be prepared to walk.”
And walk they did. Twice. And bought the car for $2,000 less than Julia would have paid for it.
Conclusion
Be prepared to walk away in an injury case or any other type of negotiating.

Duragesic Product Liability – Personal Injury – Lawsuits

July 19th, 2009 at 07:07am Under Personal Injury Law

Personal Injury Law Firms experienced in negligence, malpractice and other types of personal injury actions have taken note of recent product liability actions involving the drug, Duragesic.

Duragesic® is the trade name for a pain-medication patch containing fentanyl, a potent opioid analgesic.  Duragesic is a transdermal system-the medicine, fentanyl, is absorbed through the patient’s skin and into the bloodstream, providing pain relief for up to three days (72 hours) from a single patch application.

Duragesic is prescribed in five dosage strengths:  12, 25, 50, 75 and 100 mcg of fentanyl per hour. The 50, 75, and 100 ug/h doses are only prescribed for patients who are already on and tolerant to opioid therapy, and require continuous opioid administration.  Moreover, the Duragesic label warns that 12 mcg/hour as an initiating dose has not been systematically evaluated; therefore, Duragesic should be used only in patients who are opioid-tolerant.

Fentanyl was found to be a good choice for transdermal application because of its physicochemical properties and high analgesic potency.  However, Fentanyl is not without its serious adverse effects.  Pharmacologically, fentanyl acts on the central nervous system causing analgesia, sedation, severe respiratory depression, muscle rigidity, seizures, coma, and hypotension.  Adverse reactions include mood changes, euphoria, dysphoria, drowsiness, constricted pupils, nausea, and vomiting.  The most serious side effect of fentanyl overdose is hypoventilation (respiratory depression), which can be fatal.

Development of Duragesic

Currently, only eleven transdermally administered drugs are on the market; seven of which were developed by ALZA.  In 1981, ALZA responded to a plea from a White House-created committee of scientists and physicians to develop more potent analgesics with alternative delivery systems for critically ill and dying patients who were suffering from intractable pain. ALZA began work on a project to develop a fentanyl transdermal patch in late 1982.

In early 1983, ALZA representatives met with agents from the DEA to discuss the handling of fentanyl.  Among other issues, the DEA expressed concern that the dosage be kept to an absolute minimum, because of the potential for overdose and abuse.

In 1991, ten years after ALZA proposed the development of a transdermal fentanyl patch, Duragesic was made available for sale in the United States.  Originally, Duragesic was approved to treat acute, postoperative and moderate-to-severe pain.  However, due to the slow onset of drug levels from the transdermal delivery and three day maintenance of drug levels with Duragesic, the system was more suited for treatment of chronic pain conditions, in particular, cancer patients.  By 1998, the World Health Organization (WHO) recommended transdermal fentanyl for treatment of cancer pain in stable patients.

Since receiving FDA approval in 1990, ALZA and Janssen aggressively sought the expansion of Duragesic use beyond cancer patients.  For example, transdermal fentanyl has been used to treat rheumatologic pain and severe back pain.

The FDA has also approved an expansion of Duragesic to treat pediatric patients.

Janssen’s most recent advertising campaign to expand the use of Duragesic was thwarted by the FDA.  In the late 1990s, the company sent a document called Top Ten List to doctors urging physicians to switch their patients to Duragesic patches rather than use more traditional type pain relievers.  Among the reasons listed is the phrase “It’s not just for end stage cancer any more!”  However, in 2000, the Department of Health and Human Services wrote a letter to Janssen informing the company that its promotional pieces concerning the “Broadening of indication” for Duragesic were misleading and contained misrepresentations.  The government agency responded, “The suggestion that Duragesic can be used for any type of pain management promotes Duragesic for a much broader use that is recommended by the PI, and thus, is misleading.”

Currently, Duragesic is the most widely prescribed transdermal medication.  From 2002 to 2003, the total number of fentanyl patch prescriptions within the United States rose from 4.5 million to 5.4 million-a twenty percent increase.  And the resulting sales figures for Duragesic have been enormous:  total annual sales in the United States have reached one and a half billion ($1,500,000,000.00) dollars annually.

And in 2005, Duragesic sales generated two point one billion ($2,100,000,000.00) dollars worldwide.

Duragesic Defects:

Package Leak-Subsequent Recalls

The design/manufacturing defect most applicable to our case is an improper sealing of one edge of the Duragesic patch, resulting in millions of patches being recalled.  During 2004, ALZA (through Janssen) initiated two large Class I recalls of Duragesic for this exact reason.  The first was February 17, 2004 at which time Duragesic Control No. 0327192 (75 mcg/hr) was pulled from the market.  The cited reason was a potential seal breach on one edge of the patch, which could result in fentanyl leaking from the patch.  This recall included about 440,000 patches.

On April 5, 2004, Janssen expanded its recall of Duragesic to include 2.2 million patches (Control Numbers 0327192, 0327193, 0327294, 0327295, and 0330362).  Again, the reason cited was the potential for a breach of the seal, which would result in fentanyl leakage.  Janssen sent a “Dear Healthcare Professional” letter to inform of the expanded recall.

A leak of fentanyl from a Duragesic patch could cause patients to receive either too much or too little of the drug.   If the fentanyl seeps out of the patch before its application to the skin, patients may receive too little medication to adequately treat their pain. In this situation, patients used to a specific does may experience withdrawal effects including sweating, sleeplessness, and abdominal discomfort.

Conversely, fentanyl leaks that occur while the patch is on the skin expose patients to a potentially life-threatening overdose of fentanyl.  Duragesic is designed to deliver only a controlled amount of fentanyl into the patient’s skin.  Patients wearing a defective patch that leaks fentanyl directly onto the skin will receive too much of the medication.  If this occurs, patients could experience minor complications such as sedation, drowsiness, and nausea.  Fentanyl overdose may result in more serious complications, including fatal hypoventilation (respiratory depression) or cardiac arrest.

When Jansen placed Duragesic on the market in 1991, reports of toxicity due to fentanyl overdosing were fairly common.  In fact, one study in California of 112 deaths associated with fentanyl concluded that the general availability of the drug may be responsible for the high incidence of overdoses.

Furthermore, in a recent Duragesic lawsuit filed against Johnson & Johnson, Janssen, and ALZA, the plaintiffs alleged that “despite knowing of this defect, the defendants (Johnson & Johnson, Janssen, ALZA) took inadequate steps to advise physicians, hospitals, nursing homes and other health care professionals of the defect and the significant damages to users of the Duragesic patches.”

Heat-Induced Overdose

ALZA and Janssen’s knowledge of the overdosing potential caused by external heat dates back to 1986, when ALZA did lab testing on a nitroglycerin-delivering patch using the same co-polymer membrane used in Duragesic patches.   ALZA subsequently did lab testing on Duragesic in 1988-that showed that a five degree Centigrade increase in temperature doubled Duragesic’s release rate.  Dr. Curtis Wright, the FDA Medical Review Officer, was quite concerned in 1989 and again in 1990 that ALZA had not responded to his request for more information on the effects of external heat.  After Duragesic hit the market in April of 1991, ALZA and Janssen learned of six reports from healthcare providers that external heat appeared to increase blood fentanyl levels in patients in the hospital setting and at home.

However, the first time Janssen or ALZA made an effort to warn of the effects of external heat came in a January 17, 1994 “Dear Doctor” letter with an attached proposed labeling revision.  The labeling contained a new heat warning, which was buried at page 10 of the attachment, but no mention was made in the letter itself to alert physicians that external heat applied to the patch was potentially life-threatening.

GOVERNMENT REGULATION

In 2004, the FDA influenced Janssen and ALZA to issue two Class I Recalls of Duragesic, “due to improper sealing of one of their edges,” which could result in a life-threatening overdose of fentanyl.  Yet, this was not the first time the FDA encountered problems with the companies’ handling of Duragesic.  In fact, prior to the recalls in 2004, the FDA has required Duragesic labeling revisions 13 times.

And, as recently as July 2005, the FDA issued a Public Health Advisory concerning the use of Duragesic Patches in response to reports of deaths in patients using the patch.

Beginning in 1994, the FDA sent ALZA a “warning letter” identifying certain violations and deviations from Good Manufacturing Practices (GMP) regulations under the Food and Drug Act. This prompted the company to issue a letter to all health care professionals warning of Duragesic misuse.

In the late 1990s, the Department of Health and Human Services warned Janssen that its promotional materials to expand the use of Duragesic were in direct violation of the Federal Food, Drug, and Cosmetic Act and contained misrepresentations as to the safety and efficacy of the product. The agency determined that the promotional pieces were “false or misleading because they contain misrepresentations of safety information, broaden Duragesic’s indication, contain unsubstantiated claims, and lack fair balance.”

Following Janssen’s “voluntary” recall of Duragesic in 2004, the FDA issued a “Safety Alert” warning that the recall was “due to a potential leak in the product seal,” which could result in skin exposure to fentanyl.  The warning adds that “skin exposure to any leaked medication from a DURAGESIC patch may cause nausea, sedation, drowsiness, or potentially life-threatening complications.”  Govt Regulation 6.  Janssen also wrote a letter to “Healthcare Professional[s]” informing them of the expanded recall in April 2004.

Furthermore, on September 2, 2004 the FDA issued Janssen another “warning letter.” This letter states that the latest Duragesic promotional pieces make “false or misleading claims about the abuse potential and other risks of the drug, including unsubstantiated effectiveness claims for Duragesic.”  The letter states, “By suggesting that Duragesic has a lower potential for abuse compared to other opioid products, the file card could encourage the unsafe use of the drug, potentially resulting in serious or life-threatening hypoventilation.”

The Duragesic product label was again updated in June 2005 to add new safety information in several areas of labeling, and Janssen issued another “Dear Healthcare Professional” letter about these changes. Under a section entitled “Hypoventilation (Respiratory Depression),” the letter warns that “Serious or life-threatening hypoventilation may occur at any time during the use of DURAGESIC® especially during the initial 24-72 hours following initiation of therapy and following increases in dose.”  Janssen also warns of a “potential for temperature-dependant increases in fentanyl released from the system resulting in possible overdose and death.”  Therefore, the letter instructs all patients to avoid exposing Duragesic to “direct external heat sources, such as heating pads or electric blankets, heat lamps, saunas, hot tubs, and heated water beds, etc., while wearing the system.”

Finally, on July 15, 2005 the FDA issued a “Public Health Advisory” concerning the use of Duragesic Patches in response to reports of deaths in patients using the patch. The FDA stated it is conducting an investigation into the deaths related to fentanyl overdose in patients using Duragesic.  According to the FDA, “Some patients and health care providers may not be fully aware of the dangers of this very strong narcotic painkiller.  Therefore, FDA is issuing this public health advisory to alert patients and their caregivers and health care professionals by highlighting the following important safety information.”

MEDICAL LITERATURE

Fentanyl Overdose

Since Duragesic hit the marketplace in 1991, studies have shown continued high numbers of overdoses involving transdermal delivery of fentanyl.  The most serious side effect is respiratory depression, which can be fatal.  One study, published in 1991, examined 112 fentanyl-related deaths in the Eastern United States, mostly in California.  Fentanyl deaths appeared to occur rapidly, “probably the result of acute respiratory depression.”  While acknowledging the extreme potency of fentanyl, the author suggests that “the incidence of fentanyl-related deaths is probably determined by the general availability of the drug, rather than the relative potency of the analogs.”

In a study published in 2000, the Los Angeles County Department of the Coroner analyzed 25 cases involving fentanyl-related deaths.    The author notes that the Los Angeles County Coroner’s Office evaluates nearly one case each month involving fentanyl patch-related death.  Another study that same year identified 61 cases of transdermal drug overdoses in a Regional Poison Information System over a five-year period.

Head-Induced Overdose

Heat is expected to increase skin permeability, metabolism and elimination of fentanyl.  If drug release from the system is much faster than permeation through the skin, the skin controls the transdermal absorption rate into the patient’s systemic circulation, rather than Duragesic’s special rate control membrane.

Several case reports have described the development of life-threatening overdose caused by a heating pad or rise in body temperature.  Frolich et al. reported a narcotic overdose in a patient that was using a warming blanket to relieve pain following surgery.  Medical Literature 17, see M.A. Frolich et al., Opioid Overdose in a Patient Using a Fentanyl Patch During Treatment with a Warming Blanket, 93 ANESTH. ANALG. 647-48 (2001) (unable to obtain hard copy).  The increase in absorption may account for other heat-related toxicity associated with transdermal fentanyl.  G. Newshan, Heat-Related Toxicity with the Fentanyl Transdermal Patch, 16 J. PAIN SYMPTOM MGMT. 277-78 (1998) (unable to obtain hard copy).

One study, in 2003, examined the effect of heat on transdermal fentanyl absorption. The authors concluded that increases in skin temperature may result in increased systemic absorption of fentanyl.  Therefore, warming blankets and heating pads should not be either used in conjunction with, or placed over Duragesic patches.

However, as of 2003, the Duragesic label warned that serum fentanyl concentrations may “theoretically” increase by one third in patients with a body temperature of 40 degrees Celsius because of accelerated drug release and increased skin permeability.  The current label warns of a “potential for temperature-dependent increases in fentanyl release from the system.”

Minnesota Personal Injury Attorneys

July 19th, 2009 at 01:07am Under Personal Injury Law

Anyone who suffers a personal injury caused by another individual or a company, government agency or any other entity should realize the importance of securing the services of a personal injury attorney. Attorney representation provides you with the professional assistance that is so necessary when dealing with the intricacies of civil law, and also sends a signal to whoever caused your injury that you are serious about being compensated.
Clearly, auto accidents are of primary importance when discussing the role of personal injury attorneys. Minnesota has its per capita share of auto accidents caused by many factors, which include the scenic nature of some of our highways distracting drivers. If you are in an accident and have reason to believe the other driver is at fault, there are standards for bringing suit in Minnesota.
Of course, if you believe you may be at fault for the accident, you will need quality legal help to assist you in arranging for a settlement.
Bicycle accidents are an increasing phenomenon, as Minnesotans and people across the country have increased bicycle usage for both exercise and transportation purposes. Many accidents are car-on-bike and most of these involve failure of the motor vehicle operator to recognize the presence and rights of the bicycle rider. Again, if you are injured while riding, you need professional assistance,as most such accidents are the motor vehicle operator’s fault.
Similarly, both pedestrians and motorcyclists are familiar with the tendency of so many car and truck drivers to fail to acknowledge their presence on roads. With the advent of wide-spread cell phone usage this phenomenon has become even more prevalent. If you are struck while running or just crossing the street, you must seek a personal injury attorney that know the ins and out of Minnesota law.
Despite increased crack-downs and more harsh punishment for drunk driving, there are still many accidents involving drunk drivers striking other vehicles, bicycles, and pedestrians. Select a Minnesota personal injury firm to get the specialist of choice.
One area of increasing activity in legal processes is product liability cases. With so many foods and various other products being imported from China and other underdeveloped countries that have substandard manufacturing and food handling procedures, it is important to have an attorney who knows how to trace the responsibility back to the people or corporate representatives who should compensate the victims of faulty products.
Among the many other areas of personal injury law is medical malpractice. Medical malpractice is a very complicated situation and needs thorough investigation by a personal injury attorney. Often, medical malpractice results from the simple shortage of doctors, nursing care and other ancillary professional and even custodial personnel in a hospital environment. In an era with so many antibiotics available, some facilities have become lax in their handing of intrusive medical devices, and in simple cleanliness of both the environment and the patients wounds.
For medical malpractice cases, auto injuries, workplace injuries, or any type of wrongful injury or death case, go with the best Minnesota professionals you can find.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Many Personal Injuries Occur While at the Local Market

July 18th, 2009 at 07:08pm Under Personal Injury Law

Grocery stores are often considered safe and making a run to the grocery store is a common, everyday occurrence for most families and individuals. But grocery stores are actually one of the riskiest places to be and many customers commonly find themselves in a sticky situation after being involved in an accident that leaves them with slip and fall injuries. A report, conducted by the National Floor Safety Institute (NFSI), even found that $450 million in legal settlements and expenses is paid out annually to victims of these accidents. Learning how to protect yourself whether you are a customer or employee is important, even in a place you’d think could never harm you.

Victims Over 60 At Higher Risk

Given the preponderance of spilled liquids, loose items and runaway carts at grocery stores and supermarkets, it is not surprising that slip and fall injuries are a danger to customers and employees. One of the most interesting finds of the NFSI report was that women, specifically 60 years or older, are more likely to endure a serious slip and fall injury. Grocery store falls take place most often in crowded entry areas, where water is often tracked into the store and not cleaned up as easily or quickly as promotes optimal safety. In addition, the high polish on most supermarket floors means that it is hard to detect stray liquids. Liquid-related risks can occur often in refrigerated areas where equipment may leak or in the produce area, where produce is kept fresh with water continually spraying the products available for purchase.

Victims’ Rights in Slip and Fall Injuries

It is a grocery store or supermarket’s obligation to provide a safe space for customers to walk and to prevent slip and fall injuries to the best of their ability. Grocery stores should always have unsafe areas marked and designated with caution signs as well as have employees nearby to continually scan the store for areas of potential danger. If the unavoidable does occur, you still have rights, whether you are a customer or an employee.

Customers

If you are a customer, inform the store manager as soon as possible, and get that person’s contact information. Contact the appropriate medical personnel and have your injuries checked out. Speak with a personal injury law firm for consultation if a supermarket or grocery store does not cooperate in compensating you for your injuries. Your personal injury attorney can help you recover the damages and compensation you deserve after a slip and fall injury. This can include, but is not limited to, attorney’s fees, medical bills, lost wages, and other benefits.

Employees

If you have been injured in a slip and fall accident on the job, inform a supervisor as soon as possible. Fill out the proper paperwork and consult with your employer’s doctor. A workers’ compensation claim may become relevant to employees who are not thoroughly examined by the company’s medical personnel, or if an employee’s wages decrease or lost because of missed work and low mobility because of a slip and fall injury. An employer will typically try to resolve a workers’ compensation claim through its insurer, but you may wish to have legal representation to make sure your rights are upheld and you are given the care and compensation you deserve.

If They Can Market Bottled Water, You Can Market Your Personal Injury Law Firm

July 18th, 2009 at 01:08pm Under Personal Injury Law

Personal Injury – When to Call a Lawyer

July 18th, 2009 at 01:08am Under Personal Injury Law

Are insurance companies fair? They probably think they are. But each person’s idea of fairness is determined by his own self-interest. Insurance companies survive by taking in premiums and keeping claims as low as possible. Santa Claus-they are not.
You, on the other hand, if you are injured in an accident, have a duty to look out for your own self-interest and to get the best possible settlement for yourself.
Can you do this on your own? Yes…at times.
For example, if you have damage to your car and a trip to the emergency room but no more pain you might be able to settle the case yourself. Get your car fixed. Get your medical bills paid. Move on.
If you have serious injury, odds are you need a lawyer. In fact, the more serious the injuries, the greater the need for a lawyer.
The exception to that rule sometimes occurs where there is very little insurance available and the at-fault company offers their policy limits. In that case it would still be a good idea to consult a lawyer. You want to make sure you don’t step on a mine and blow up your chances of an under insured motorist claim, for example.
Let’s say you deal with the at-fault adjuster yourself. You’ve entered into that murky world with no clear answers called “negotiating.” The at-fault adjuster has already successfully negotiated many cases. So she has experience on her side. She knows the value of the case. What it could be worth. What you might take. Two very different possibilities.
At the very least a meeting with a lawyer would be called for. Personal injury lawyers typically offer what is known as a “free consultation.” It’s a free first meeting. You can take a look at him. He can take a look at your case. The two of you can decide if you want to work together.
Some questions to ask the lawyer are: How long have your been practicing injury law? How many cases have you handled? What is your personal philosophy about settling or going to court?
You can also research a lawyer on the internet to find out more about her. Nearly all successful injury lawyers have websites. You probably want an attorney you relate to. Perhaps you’d like someone close to your own age. Or someone with similar religion or political preferences. We like to work with people who are like us in some way and you can begin to discover that kind of info at the attorney’s website.
Plan on spending 25% or more of your settlement on attorney fees. One third is the usual. If it is necessary to file suit, arbitrate or mediate that figure can go up to 40% or more. Costs and expenses of the case are in addition to attorney fees. That can include court filing fees and the cost of paying for medical records or hiring a doctor to come to trial.
You may have heard a story about someone who got nothing after paying attorney fees and case expenses. In my twenty five years experience as an injury lawyer I’ve never seen it in person. I suppose it has probably happened somewhere at some time. Most of those stories are urban legends.
Disclaimer–This article is intended to provide information about the injury claims process. It is not intended as a substitute for legal advice.

The Personal Injury Law Suit: Surviving Surveillance

July 17th, 2009 at 07:08pm Under Personal Injury Law

Surveillance by detectives engaged by insurers denying your claim for damages after an accident is an unfortunate reality when you have started an Ontario accident, including a claim for statutory accident benefits after a motor vehicle accident.
Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.
Here are some survival tips from an experienced Ottawa personal injury lawyer to help you deal with the inevitable surveillance:
- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you lifted the grocery bags out of your car, they know.
- If you spot your “tail” make a note of the date and time and what you have been doing over the previous 3-4 days. The investigators usually follow their targets for several days at a time. Awareness of what the detective may have observed could help you when you give your own evidence.
- Assume you will be monitored when you go to mediation, examination for discovery or any medical appointments. You are more readily located and observed because the insurance company knows when and where you are supposed to be. For example, we had one case where our client was observed having a smoke break during the mediation. We have had many others where our accident victim clients have been videoed headed in and out of physiotherapy.
- Don’t speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.
A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.
Sometimes surveillance helps you. If the insurer displays a dvd to to jury, your lawyer may have an expert explain that it shows a problem with your walk or another medical problem that will bolster, not hurt, your claim. Or you may be observed taking a rest or requiring support in some other fashion.
As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.

Idaho Personal Injury Laws

July 17th, 2009 at 01:08pm Under Personal Injury Law

Idaho’s laws in regard to personal injury will be very similar to those in all other states of the nation. However, there will be some differences in both law and the attitudes of the courts from state to state, even region to region.
Even from one city to another, there is the possibility of encountering minor differences in law, and you are almost certain to run into differing dispositions and attitudes from one jurisdictional region to the next. As such, an Idaho personal injury lawyer that has experience practicing in the area where you were injured would be the best act to take upon being injured in Idaho.
Types of Personal Injuries
The term “personal injury” is pretty broad and includes several types of injuries. Specifically (and legally), it includes all injuries that occur to you personally and includes both physical and psychological (including emotional damage) injury and applies whether the injury was sustained through another intentionally, negligently, or by accident.
In other words, personal injury includes both physical injury to your body, as well as emotional injury resulting from distress, humiliation, depression, and other similar situations that are caused through the actions of others or through the negligence of others.
Negligence cases will most often involve a form of physical injury, though psychological damages will often be claimed in association with the physical.
As an example, if you were attending a public event (concert, sports event, or simply shopping at the local grocery store) then slipped and fell due to a failure to maintain the grounds (ice or snow that hasn’t been cleared, banana peels or other garbage that hasn’t been cleared, etc.) and break your arm, then personal injury could include both the broken arm as well as the humiliation suffered from falling in public.
If you were to break your watch or tear up your new boots however, this would not be included as part of any claim of personal injury.
Emotional harm can further include slander, false arrest, libel, character defamation and more.
Variations of this law that pertain to Idaho can be reviewed by an Idaho personal injury lawyer to ensure that you are able to take full advantage of any and all claims of personal injury and have the full force of the law on your side.
Preparing to Meet Your Idaho Personal Injury Lawyer
In many personal injury cases where the fault is very clear or an attorney feels highly confident about winning, they may work out an agreement that give them a percentage of the money won in a personal-injury lawsuit (usually around 33 percent) rather than charging you for time.
However, if that is not the case, you will be charged by time. Whether you are contacting your lawyer for the first time, asking for simple advice, or asking what to bring for a meeting, you will likely be charged an attorney’s fee. Minimizing your costs will be beneficial to you as you will receive a larger amount of the claim the less you use up your attorney’s time.
One of the most important things you can do to save both yourself and your attorney time (which will save you money) is write up a detailed story that describes exactly how you sustained your physical injuries as well as any distress or other psychological effects that you have suffered as a result.
Be sure to include details leading up to the event, and pertinent details that happen afterward (especially anything that caused emotional distress such harassing phone calls after the injury took place, undue pressure to settle from the party at fault, humiliation you felt due to the injury being witnessed, etc.) and all details that you can think of, even if you think it might hurt your case.
Your lawyer will do everything he or she can, and withholding anything at all can hurt your case or come back to bite you later. Your lawyer is interested only in helping you with the legal aspect and isn’t there to judge you or your motives.

How to Significantly Increase Referrals to Your Personal Injury Law Firm

July 17th, 2009 at 07:07am Under Personal Injury Law

One of the biggest challenges personal injury lawyers face in marketing their law firm is finding new clients without spending a lot of time or money.
The solution, however, isn’t a difficult as you might think. It is a well-known fact that people do business with those they know, like and trust. While marketing slogans and newspaper ads may cause people to know you or even like you, they will rarely do everything you need at least as quickly as you might wish. Referral marketing, on the other hand, can help a personal injury attorney achieve all those goals more quickly.
Referrals are the most effective way for personal injury lawyer to market their law firm and generate new business because every client is pre-qualified and enters the relationship with a pre-established foundation of trust.
So how do you receive quality referrals? Your legal marketing strategy should include these five key steps:
1)Define Your Ideal New Client Profile: Instead of wishing for any and every referral, you need to be specific. Are you looking for dog bite victims? Pedestrian accident cases? Motorcycle accidents? Don’t open the floodgates; generate qualified leads so you can build referral relationships that last.
2)Educate: If your referral sources don’t know what you’re looking for, there is a slim chance they’ll give you what you need. By educating your clients for specific referrals based on people they know who can use your services, you’ll obtain a great number of quality leads.
3)Get More Than a Name: It isn’t enough these days to receive a name and make a call. If you want to get ahead of the game, you need a formal introduction from one person to the next.
4)Say “Thank You”: When someone sends a referral, you should pick up the phone to say thanks. You can also send a card or a box of chocolates.
5)Over Deliver: Whether you win every case or not, the most important thing is that your clients believe you did your best. By continuously providing high quality work, people will be proud to refer you to friends or family members who need a personal injury attorney.
As you can see, referral marketing is an incredibly valuable law firm marketing strategy because it helps you cross a trust-bridge from one relationship to the next. By fully understanding what it takes to generate quality referrals, you’ll be more prepared than ever to market your law firm and reach your full potential!