Washington DC Metro Injury & Disability Lawyer & Attorney : Greenberg & Bederman : Accidents, Falls, Medical Malpractice : Maryland, DC, Virginia

Tort Reform II

Tort reform ranges from legislation that directly affects certain areas of tort law, such as medical malpractice, to changes in various rules, defenses and limits applicable to cases that can impact how much an individual or a group receives in damages.  Some of the tort reform proposals to date and laws based on the idea of tort reform have involved limits on punitive damages or non-economic damages in personal injury cases, moving class action lawsuits from state to federal court, or limiting frivolous lawsuits. In February, President Bush signed a sweeping overhaul of the class-action lawsuit process (Senator Obama was one of the 18 Democratic senators who voted in favor of the bill when it was in the Senate). Only a minority of tort cases will be affected by these laws, but the people affected really need the compensation and/or have been done an egregious wrong. Reform opponents argue that the current legal system produce safer products and drugs. They claim that if the right to sue is restricted, it may result in people not having the resources to get into the courts and businesses will have much less incentive to provide safe products.In the area of medical malpractice, tort reform advocates claim that insurance premiums will decrease, making medical care more affordable and eliminating a disincentive for doctors to practice medicine. In contrast, tort reform critics contend that high medical malpractice insurance rates are a result of the cyclical nature of the insurance industry, lack of competition, mismanagement of reserves, and a decline in investment income. Here are some of the tort reform issues:

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Tort Reform I

Before we can understand tort reform, we must first understand what tort law is. Tort law seeks out those responsible for harm to others, usually on the basis of fault. Tort law, or personal injury law, requires those who are responsible to compensate, usually with money. Medical bills, lost time from work, diminished ability to perform every day chores, and the incapacity to enjoy recreational or daily life all are considered for compensation. It is especially difficult to put a price tag on a wrongful death case, as no amount of money can ever make the family completely whole again.

Typically American courts expect a jury to ascertain the damages in a tort case. Juries are comprised of ordinary citizens who are expected to fairly determine fault, and to place a monetary value on the compensation to the tort victim. Juries can arrive at different verdicts when hearing a similar case under the same circumstances. Just as we all do, jurors often bring their own biases that may hurt or help your case. This unpredictability can bring a wide range of results to your tort case.

One of the main determinations a good plaintiff’s attorney will make is choosing a good venue. Some plaintiff friendly venues include West Virginia, Cook County, Illinois, South Florida, and Atlantic County, New Jersey. Sometimes juries award high monetary awards in punitive damages. Punitive damages are different than compensatory damages. Punitive damages are designed, as the name implies, to punish the offender. Remember the famous “pants case’ where an administrative law judge sued his dry cleaners for $54 million for misplacing his pants? He cited the District of Columbia’s consumer protection law to justify his outrageous demand. This case went on for two years and took a two-day trial before it was rightly dismissed. Ah, the Tort system at work.

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WARNING!
Beware of Contributory Negligence

Auto accidents happen daily on our roads, and as the number of drivers increase, so do the odds of being involved in an accident. After getting past the initial shock of a car accident, the question becomes who is responsible for causing the accident, and who is liable for paying the damages. Expenses may be significant from medical bills, to lifetime care, to loss of income. Where will the funds to restore your life come from? It depends on who is at fault that determines who will pay for the damages caused by the accident.
If you live in the mid-Atlantic region, you are likely to encounter something called ‘contributory negligence.’ This is a 400-year-old English principle, adopted in many American jurisdictions in the 19th century. It was abolished in all but 5 states, Maryland, Virginia, North Carolina, Alabama and the District of Columbia. This concept transcends the simple ‘who is at fault’ factor, an inquiry is made into whether the injured party is partially to blame for the accident. Even if the negligent driver is 95% at fault, and you are 5% at fault, you may recover nothing under the doctrine of contributory negligence.

 

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How Much Is My Case Worth?

Of all the questions my clients ask me, there is one I dread more than others – “how much is my case worth?” For lawyers, the ethical restraints of our profession prevent us from answering that question. More often than not, the problem with the question is timing. No lawyer should attempt to settle a personal injury claim before the client finishes his/her medical care or reaches the point of maximum medical improvement. Once that point is reached, the lawyer can review the particular circumstances of the case and use his/her experience to approximate a fair value range for the client’s claim.
There are many factors that go into a case assessment. A few of the most common factors are the type of injuries suffered, the treatment those injuries required, the length of that treatment, and the cost of that treatment. Also included in the valuation of a case is any lost wages as a result of injuries or other “special” damages (i.e., expenses for the client that would not have been incurred if not for the accident). A lawyer must also consider whether the client suffered a permanent injury, any resulting disability, and the need for future medical care. In some cases involving lacerations and the like, scarring or disfigurement is also evaluated.
When looking at these many factors (and there are many more to consider), a lawyer uses his/her experience to estimate what a judge or jury may award the client seeking compensation. This then becomes the baseline for negotiating with the at-fault party’s insurance company.
Insurance companies also evaluate claims. The worst-kept secret of the insurance industry is that they use a massive computer database to assist in their evaluation of claims. The insurance companies collect data on all claims that are submitted. They track those claims locations, injuries, treatments, and ultimate dispositions (whether by settlement or verdict in court). They then use this information to approximate their opinion of the value of the claim. Of course, the number value that the insurance company assigns to a claim is frequently different from the lawyer’s opinion of a claim’s value. The difference of opinion is worked through during the negotiation phase. If a fair settlement is not obtained via negotiation, the case must be litigated.
Injured persons should keep in mind that insurance companies want to settle claims for as little as possible. In addition, it benefits the insurance company to delay paying claims for as long as possible – they stick the earmarked amount (the insurance company’s original guess as to the new claims value) in an interest-bearing account thereby minimizing their ultimate loss on the claim.
As always, it is important that injured people speak with an experienced attorney prior to settling a claim to make sure that a fair amount is being offered.

For more information on personal injury case issues, please visit our website at personal injury issues. For more information on our personal injury lawyers, please click personal injury lawyers.

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Statute of Limitations Law

The law limits the amount of time during which a person can seek civil legal remedies. The amount of time given by law to bring a claim is determined by the relevant statute of limitations. If a person does not resolve a claim by settlement or file a lawsuit before the appropriate statutory date, then the claim is lost and barred forever. It does not matter whether the claimant has a good reason for not filing within the statutory period; the claim is lost.

In most jurisdictions, different types of lawsuits have different periods before the statute runs. For personal injury cases, the statute of limitations period starts at the time of actual injury (i.e., the date of accident). In Maryland and the District of Columbia, an injured person has three (3) years to settle or litigate a case before the statute prohibits recovery for the injured person. In the Commonwealth of Virginia, the statute of limitations for personal injury claims is two (2) years.
Under certain circumstances, the statute of limitations does not begin to run at the date of injury. For example, a minor’s action for pain & suffering does not being until the child has reached the age of majority – 18 years old. Other commons exceptions include those declared mentally incompetent, insane, in active military service, and incarcerated. Once those conditions are no longer applicable (e.g., the person is no longer insane), then the time starts to run.

Actions against the government or a subset of the government have special timing requirements. Although the general statute of limitations do apply to cases where a person is injured by the fault of the government, there are additional requirements that the government be placed “on notice” of a person’s claim. Failure to place the government on notice within the appropriate time has the same effect as missing the statute of limitations – the claim is lost. The time period for notice can be anywhere from 180 days to 2 years, depending on the relevant governmental agency.
Because of the various timing implications involved in an accident, it is important that injured people consult a lawyer immediately. Attorneys can then investigate the potential claim in order to understand its nature and make sure that the injured person’s rights are preserved. Waiting until the end of the statute of limitations makes a lawyer’s job particularly difficult and can jeopardize the strength of the injured person’s claim.

To learn more about personal injury issues, please see the personal injury law information.  and click on the personal injury law tab.  To see information on our personal injury lawyer, please click personal injury lawyer.

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In the aftermath of the fatal tiger attack at the San Francisco Zoo on Christmas Day,the survivors have hired a lawyer to investigate possible negligence on the zoo’s part. According to the lawyer, Mark Geragos, the three victims initially encountered the tiger at around 4:30 pm. The first 911 call was recorded at 5:07 pm from someone inside the zoo.

According to the victims, after failing to find safety inside the zoo’s closed cafeteria, they spotted a female security officer in a golfcart. The security officer apparently doubted the story of a lose and dangerous tiger. The first police log notation of the incident (at about 5:10 pm) shares the security’s officer skepticism: “Zoo personnel dispatch now say there are two males who the zoo thinks ... are 800 (code for mentally disturbed) and making something up ... but one is in fact bleeding from the back of the head.”

In the end, it took about 45 minutes for the 3 victims to receive any assistance. During that time, they were accused of being mentally disturbed and ignored. That attitude resulted in the death of Carlos Sousa, Jr., age 17. “They say they were acting crazy. ... I don't know how one is supposed to act after being attacked by a tiger,” Geragos said.

The zoo’s response? Sam Singer, a newly hired spokesman for the zoo, said Tuesday that “anything that a defense (sic) attorney says has to be taken with not a pinch of salt, but a ton of salt.” In addition, a witness has come forward to claim that four young men, not three, were heckling the tiger in question by “growling” at it.

Historically, individuals and institutions are held strictly liable for actions of wild and dangerous animals. Unfortunately for the zoo, ad hominem attacks on members of the legal profession may be insufficient to overturn centuries of common law. The 4-year-old Siberian, Tatiana, maimed her handler’s arm a year ago.

To learn more about personal injury issues, please see personal injury law.  TO learn more about our personal injury lawyers, please click on personal injury lawyers maryland, and view our firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez..

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How to Handle Your Personal Injury Claim

Once you have hired a personal injury attorney to represent you in your automobile accident, you should follow some basic guidelines to help your case go as smoothly as possible. These are our suggestions we recommend that you follow to help ensure the success of your personal injury case.



Protect Yourself and Your Case

? Take Photographs. Please take color photos of your injuries and of the damage to your car or property as quickly as possible. Give the photos and negatives to us immediately. If you do not have access to a camera, we will make arrangements to take the photographs ourselves.

? Start a Personal Appointment Book. Write down the dates and times you will need to meet with your doctor, car repair shop, and other people as a result of the accident. If you don’t have an appointment book, you can use the appointment log at the end of this article.

? Keep us informed of Your Medical Treatment. Please keep us informed of all hospitals, doctors, clinics, etc. where you are treated for your injuries. If your doctor refers you to another doctor or specialist, please notify us immediately. Finally, please be sure to tell us when your doctors have completed their treatment.

? Keep All Your Bills and Get Receipts. Keep all your medical bills and mail them to us. In addition, get receipts for all prescriptions and medical appliances you buy as well as other medical related expenses you incur at your doctor’s request. And get receipts for all transportation expenses (bus, taxi, metro, parking, etc.) you incur traveling to and from the hospital, doctor or physical therapy. If you drive to the doctor, please write down the mileage for each visit. Please be sure to mail all of your receipts to us, along with your medical bills.

? Document Lost Wages. If you are unable to go to work, make sure you get a “disability certificate” from your doctor at each and every visit. Please mail this certificate to us for placement in your file. When you return to work, ask your employer to mail us a statement of the wages you lost because of the accident. This statement must be on your employer’s stationary and state your job title, hourly or salary pay, and the amount of time you missed as a result of the accident. It should be signed by a company official. A sample Loss of Wage Verification form is included at the end of this article.

? Keep A Diary. Keep a diary or make written notes of those days and nights, if any, that you experience severe pain or discomfort.

? Report Any Prior Injuries or Pain. Be sure to tell us about any pain or injury to any parts of your body that you had before the accident. Many cases may be lost because the injured person fails to disclose a previous injury.

? Keep Your Medical Cast or Brace. If your injury requires a cast, brace, traction or other medical appliance, make sure you save it. Notify us when your medical appliance is removed, so we can tell you what to do with it in preparing your case.

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As a plaintiffs’ lawyer, one of the most frustrating aspects of this vocation is the public perception of trial lawyers as “ambulance chasers” filing frivolous lawsuits at the expense of hard-working people. In social gatherings, when new acquaintances learn in what area of law I practice, there are occasionally comments or questions about allegedly frivolous lawsuits. When this happens, I make sure to provide a reasonable theory for liability and justice in these cases. Certainly, these anecdotes and stories are propaganda of the insurance industry and others so aligned.  A common trial technique is to discredit the opposition by making their theory of the case seem ridiculous.  In formal logic, this practice is called “creating a straw man.”  In this blog, I am going to be practicing my cocktail-party-debunking-skills.  Namely, every so often I’m going to examine a so-called “frivolous” lawsuit and explain a theory of liability that the insurance industry does not want you to know.

The First Entry is called “Case of the Flying Shrimp of Death” Continue Reading...

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The LA Times is reporting that Health Net, Inc. gave bonuses to employees based on how many policies were canceled or dropped. The state of California slapped a $1 million dollar fine on the company for this practice. Technically, the fine is not for that particular conduct. The fine is for lying to investigators about the policy on two separate occasions. In addition to the fine, the insurer has agreed to discontinue the practice.

California is currently investigating the coverage policies of 4 other companies -- Kaiser Foundation Health Plan Inc., PacifiCare Health Systems Inc., Blue Cross of California, Blue Shield of California.

This is just ANOTHER reminder that insurance companies are corporations. Corporations exist to make a profit for their shareholders. They DO NOT EXIST to help people. If so, they would be charities. Insurance companies make money by denying claims.

For a detailed review of how denying claims and/or raising premiums creates a profit see here.

To learn more about persona injury insurance issues please go to personal injury law.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland, and read the firm bios on Andrew Bederman, Roger Greenberg, or Jason Fernandez.

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Personal Injury - How Law Firms are Paid

In personal injury cases, Greenberg and Bederman is paid on a contingency basis. This means that if the case is won, Greenberg & Bederman will take a percentage of the recovery as a fee, and will also recover its costs. The balance of the recovery will go to the client. Either the money will go to pay the client’s medical expenses, or will go directly to the client. If the case is lost, the client will not be responsible for legal fees, but will still be responsible for their medical bills.

Contingency billing makes it possible for people to have access to the legal system even if they do not enough money to hire a lawyer who expects to be paid whether the case is won or lost.

Many people do not like the idea of contingency billing, since they feel that it encourages frivolous law suits. There is no doubt that some law suits are filed which have no merit. They waste the court’s time and cause delay. They are brought by people who are angry at the way they have been treated, who feel that they have been insulted, who are primarily interested in revenge. The people who are sued must defend themselves, and may incur large legal expenses.

The British legal system handles such cases very differently. Under British rules, the loser in a civil suit must pay the legal expenses for both sides. This certainly discourages frivolous lawsuits. But the British pay a very high price for this rule. Bringing a lawsuit is so risky that most people cannot consider doing it, because the possible expenses in case of loss are so great. The result is that the average British citizen has no access to the legal system. In cases of personal injury, most people are at the mercy of insurance companies, since insurance companies have lawyers and the average citizen does not.

Perhaps the best example of the drawbacks of the British system is the famous case of Robert Maxwell.

Maxwell was a Russian who was born in 1923. During World War II he served in the British Army, became a commissioned officer and a British citizen, and took the name of Robert Maxwell. He became extremely wealthy, and built a huge business empire, including many newspapers. He was always a controversial figure, and there were rumors of improprieties and unethical financial dealings. He did not hesitate to sue anyone for libel who said anything about him that he did not like.

Eventually he disappeared from his yacht, and was later found floating in the ocean. Foul play was suspected, thought nothing was ever proven. But after his death his business empire collapsed. It turned out that he had been guilty of all sorts of financial misconduct, including misappropriation of funds and bank fraud. His businesses went bankrupt, there were huge losses, and many of his employees had their pensions wiped out. It was a first-class financial scandal.

Why was he able to get away with such massive misconduct? The British rules concerning lawsuits were one of the principle reasons. Many people suspected that Maxwell was guilty of misconduct, but no one dared to say anything in public. They knew that they would be sued for libel if they did. The only way that they could defend themselves under British procedure was to prove to the court’s satisfaction that what they had said about Maxwell was true. Maxwell’s businesses were so complex, and so little information about them was publicly available, that they would never be able to do this. They would inevitably lose. They would have to pay whatever judgment the court imposed, they would have to pay their own legal expenses, and in addition they would have to pay for all of Maxwell’s legal expenses as well. They had to assume that they would face total financial ruin. As a result, no one dared to say anything.

The British system certainly keeps frivolous lawsuits under control, but the price is high. Contingency billing has drawbacks, but it allows the average citizen access to the legal system in order to defend their interests.

To learn more about personal injury issues, please click on  personal injury law.  To learn more about our personal injury lawyers, please click on personal injury lawyers maryland, and read our firm bios on Andrew Bederman, Roger Greenerg, or Jason Fernandez.

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