A Federal Judge ruled that consumers may go ahead with a class action lawsuit against Microsoft Corp. over the way it advertised computers loaded with Windows XP as capable of running the Vista operating system.
The VISTA lawsuit said Microsoft's labeling of some PCs as "Windows Vista Capable" was misleading because many of those computers were not powerful enough to run all of Vista's features, including the much-touted "Aero" user interface.
U.S. District Judge Marsha Pechman certified the class action suit but whittled down its scope to focus primarily on whether Microsoft's "Vista Capable" labels created artificial demand for computers during the 2006 holiday shopping season, and inflated prices for computers that couldn't be upgraded to the full-featured version of Vista, which was released at the end of January 2007.
Neither of the two people who filed the original lawsuit participated in a program Microsoft devised to help people who bought new computers before Vista's launch upgrade later to the new operating system, but they argued nonetheless that people who bought "Vista Capable" computers were harmed because they could only run a basic version of Vista.
The judge said if they added a named plaintiff who did take part in Microsoft's "Express Upgrade" program, they could pursue that claim as well.
Microsoft said it was reviewing the ruling.
Friday, February 22, 2008
Thursday, October 13, 2005
Settlement Advances, Claim Advances and Funding, Personal Injury Lawsuit Advances
Settlement Advances, Claim Advances and Funding, Personal Injury Lawsuit Advances: "If you're considering a Pre-Settlement Advance on your Auto Accident or Personal Injury Claim, or Advance Funding for your lawsuit, you may find these questions and answers, helpful.
Usually, your case qualifies for an advance, if: 1. The cause of the accident or injury was not your fault; 2. The other party has enough insurance coverage to pay your damages; and 3. You received a serious personal injury.
How will a cash advance help me?
What is the charge?
Do I need good credit?
Who is eligible?
What papers do I sign?
When is it paid back?
What if I lose my case?
How long does it take?
Why is an advance different than a loan?
How will a cash advance help me?
Many times, a cash advance will enable you to hold out for a larger settlement, giving the attorney time to get you the largest possible recovery. You will not be forced to take the first, low settlement offer because of financial pressure caused by the accident.
What is the charge?
The charge is 40% of the amount advanced per 6 months or portion thereof. For example if you receive a $5,000 advance you would owe us $5,000 plus an additional $2,000 for every 6 month period, or portion thereof, that passes until we are paid back.
Do I need good credit?
No. Lawyers Funding makes cash advances based on the value of the claim not on a credit rating. There is no application fee, and no job is required.
Who is eligible?
Anyone with a viable injury claim such as: a Vehicle Accident, Wrongful Death Case, Serious Injury Claim, Product Liability Claim, Premises Liability Claim, a Dog Bite, etc is eligible for a cash advance. They must be attorney represented."
You have to consider that the revocery in non-recourse - contigent upon you getting paid.
Usually, your case qualifies for an advance, if: 1. The cause of the accident or injury was not your fault; 2. The other party has enough insurance coverage to pay your damages; and 3. You received a serious personal injury.
How will a cash advance help me?
What is the charge?
Do I need good credit?
Who is eligible?
What papers do I sign?
When is it paid back?
What if I lose my case?
How long does it take?
Why is an advance different than a loan?
How will a cash advance help me?
Many times, a cash advance will enable you to hold out for a larger settlement, giving the attorney time to get you the largest possible recovery. You will not be forced to take the first, low settlement offer because of financial pressure caused by the accident.
What is the charge?
The charge is 40% of the amount advanced per 6 months or portion thereof. For example if you receive a $5,000 advance you would owe us $5,000 plus an additional $2,000 for every 6 month period, or portion thereof, that passes until we are paid back.
Do I need good credit?
No. Lawyers Funding makes cash advances based on the value of the claim not on a credit rating. There is no application fee, and no job is required.
Who is eligible?
Anyone with a viable injury claim such as: a Vehicle Accident, Wrongful Death Case, Serious Injury Claim, Product Liability Claim, Premises Liability Claim, a Dog Bite, etc is eligible for a cash advance. They must be attorney represented."
You have to consider that the revocery in non-recourse - contigent upon you getting paid.
Here We Go Again
There are Personal Injury Lawyers and then there are personal Injury Lawyers. I came across an excellent blog today about traumatic brain injury by a law firm and it was really good. Try searching for other blogs out there that really hit home and provide insight to you. Some times there is a wealth of really good information out there to assist you in your accident and injury claims. However, traumatice brain injury is not one of those types of cases that you should attempt to handle without expert help.
Compensation for Serious Accidents may run out of time
: "My 17-year old son was in a coma 3-4 months because of an injury in a car wreck. Now he is 20. Does the time period for filing suit apply to a person that was in a coma and is just realizing what happened and wants to sue the driver�s insurance company?
This is one of those very, very rare exceptions to the statute of limitations. Under the laws of most states, your son, while in a coma, is referred to as being 'incompetent.' The time during which an adult plaintiff is mentally incapacitated and does not have a conservator or guardian with authority to prosecute the claim is not counted in computing the statute of limitations. However, the clock began to run the moment he became aware of his injuries, and remembered what caused him to be hospitalized; i.e., that he was involved in an auto accident. Your son's lawsuit would be against the driver of the other vehicle(s), not the insurance company."
This is one of those very, very rare exceptions to the statute of limitations. Under the laws of most states, your son, while in a coma, is referred to as being 'incompetent.' The time during which an adult plaintiff is mentally incapacitated and does not have a conservator or guardian with authority to prosecute the claim is not counted in computing the statute of limitations. However, the clock began to run the moment he became aware of his injuries, and remembered what caused him to be hospitalized; i.e., that he was involved in an auto accident. Your son's lawsuit would be against the driver of the other vehicle(s), not the insurance company."
Friday, October 07, 2005
I Just Settled Another Case for What It Was Worth!
No real magic again. Another Plaintiff lawyer settled a slip and fall claim for what it was worth. WoW!!! Too Much Work for ME!!!
This is the real shame of it all. O.K., I guess you could tell I am a Defense Lawyer but I did spend many years as a Plaintiff Personal Injury Lawyer running my own firm. Here is the real problem facing injury victims day in and day out. They are not armed with the knowledge to attempt to resolve (settle) their claim before they go to a lawyer to see if the Personal Injury Lawyer can help them. There really needs to be a resource for injury victims (car accident, slip and fall or trip and fall) to use to see if the insurance adjuster is going to be reasonable. I have seen a book written by an adjuster (I don't know if this is a good idea or not), and I have seen general guides in print, but you really need a resource prepared by a Personal Injury Lawyer.
The Plaintiff had a foot fracture from awhile back after falling into a pit on the property of an eating establishment. $3,000 in medical bills and a bunch of lost wages. Her first attorney demand $55,000 (way too much). In an afternoon her new attorney and I negotiated from a spread of $4,500 from me to $18,500 to settle it. Her attorney got 40% of that (over $7,000) for an afternoon's work. It was worth $18,000 even without her lawyer.
The point is that she is out $7,000 of that for something she could have learned to do in a weekend with the right understanding of insurance settlement negotiations and her legal rights (what she was entitled to get if she was not at fault herself).
This is the real shame of it all. O.K., I guess you could tell I am a Defense Lawyer but I did spend many years as a Plaintiff Personal Injury Lawyer running my own firm. Here is the real problem facing injury victims day in and day out. They are not armed with the knowledge to attempt to resolve (settle) their claim before they go to a lawyer to see if the Personal Injury Lawyer can help them. There really needs to be a resource for injury victims (car accident, slip and fall or trip and fall) to use to see if the insurance adjuster is going to be reasonable. I have seen a book written by an adjuster (I don't know if this is a good idea or not), and I have seen general guides in print, but you really need a resource prepared by a Personal Injury Lawyer.
The Plaintiff had a foot fracture from awhile back after falling into a pit on the property of an eating establishment. $3,000 in medical bills and a bunch of lost wages. Her first attorney demand $55,000 (way too much). In an afternoon her new attorney and I negotiated from a spread of $4,500 from me to $18,500 to settle it. Her attorney got 40% of that (over $7,000) for an afternoon's work. It was worth $18,000 even without her lawyer.
The point is that she is out $7,000 of that for something she could have learned to do in a weekend with the right understanding of insurance settlement negotiations and her legal rights (what she was entitled to get if she was not at fault herself).
Saturday, August 27, 2005
Katrina - Bad Weather
"Insurers descend upon region
Thousands of claims expected
By Kathy Bushouse Business Writer Posted August 27 2005
Teams of insurance adjusters are on their way to South Florida to handle the thousands of homeowner and automobile claims expected as the cleanup from Hurricane Katrina begins. Some companies, such as state-backed Citizens Property Insurance Corp. and Allstate Floridian Insurance Co., are sending mobile units to the hardest-hit areas to start processing claims, though locations for those units weren't determined as of Friday night. Other insurers, such as State Farm Florida Insurance Co. and Nationwide Insurance Co. of Florida, are dispatching adjusters from their South Florida offices.
And all insurers are still tracking Katrina, which reemerged in the Gulf of Mexico after battering South Florida on Thursday and Friday. She was a Category 2 on Friday evening and expected today to become a Category 3 storm taking aim at the Florida Panhandle, already smacked by two hurricanes in one year. Companies said they could take the double hit, should Katrina become the third hurricane to slam the Panhandle. "If there's damage in both areas, we'll have people in both areas as long as it takes to get the claims settled," said Tom Hagerty, a State Farm Florida spokesman.Flooded homes and cars are expected to make up the majority of claims that insurers will receive in South Florida, though Katrina's 80 mph winds also caused some roof and other structural damage. Early estimates have pegged insured losses from $600 million to $2 billion.Anita Byer, president of Setnor Byer Insurance and Risk in Plantation, said her agency received nearly 100 phone calls by Friday afternoon. The reports: "A lot, a lot of flooding," downed fences and felled signs, Byer said.As of 3 p.m., Citizens, the largest insurer in South Florida, had 1,226 claims filed from Miami-Dade County and 291 claims from Broward County. There are approximately 500,000 Citizens policyholders from Palm Beach to Monroe counties, said company spokesman Justin Glover.State Farm, Allstate and Nationwide didn't have claims information available Friday afternoon. That should change once electricity and telephone service is restored.Initial reports from adjusters in the field are to expect "a good mix of auto and property claims," said Ryan Priest, an Allstate Floridian spokesman.But initial loss estimates don't include flood, which is covered by the federally backed National Flood Insurance Program. A spokesman for the Federal Emergency Management Agency, which oversees the flood insurance program, said losses from Katrina could be on par with 1999's Hurricane Irene, which hit Broward and Palm Beach counties after making landfall in southwest Florida and caused more than $100 million in flood losses.If your home is flooded, make sure to take pictures and collect as much evidence -- taking swatches of wet carpets and upholstery, for instance -- of damage as you can before cleaning up, said Butch Kinerney, a FEMA spokesman.Also, if you are returning home after taking shelter, make sure to check the structural safety of your home before entering, Kinerney said. When you're ready to make a claim, call your insurance agent or company. Don't call FEMA -- they don't take flood claims directly, Kinerney said. For now, many of Katrina's victims must simply wait for an adjuster. And the time between a damage report and the adjuster's visit can be maddening.Lisa Remeny of Coconut Grove is awaiting a Citizens adjuster to assess the damage that a neighbor's 90-foot ficus tree did to the carriage house on her property. The tree fell on the second story and water poured in, making the house uninhabitable, Remeny said.Her neighbor's insurance will cover the repairs, but Remeny said she was told it would take 72 business hours before an adjuster will contact her. "
Now they really will have FEMA Insurance claims. Last year, FEMA paid more to Miami-Dade in FEMA hurricane money than it did to the surrounding areas. When they checked into it the realized that the Hurricanes didn't strike Miami-Dade last year.
Thousands of claims expected
By Kathy Bushouse Business Writer Posted August 27 2005
Teams of insurance adjusters are on their way to South Florida to handle the thousands of homeowner and automobile claims expected as the cleanup from Hurricane Katrina begins. Some companies, such as state-backed Citizens Property Insurance Corp. and Allstate Floridian Insurance Co., are sending mobile units to the hardest-hit areas to start processing claims, though locations for those units weren't determined as of Friday night. Other insurers, such as State Farm Florida Insurance Co. and Nationwide Insurance Co. of Florida, are dispatching adjusters from their South Florida offices.
And all insurers are still tracking Katrina, which reemerged in the Gulf of Mexico after battering South Florida on Thursday and Friday. She was a Category 2 on Friday evening and expected today to become a Category 3 storm taking aim at the Florida Panhandle, already smacked by two hurricanes in one year. Companies said they could take the double hit, should Katrina become the third hurricane to slam the Panhandle. "If there's damage in both areas, we'll have people in both areas as long as it takes to get the claims settled," said Tom Hagerty, a State Farm Florida spokesman.Flooded homes and cars are expected to make up the majority of claims that insurers will receive in South Florida, though Katrina's 80 mph winds also caused some roof and other structural damage. Early estimates have pegged insured losses from $600 million to $2 billion.Anita Byer, president of Setnor Byer Insurance and Risk in Plantation, said her agency received nearly 100 phone calls by Friday afternoon. The reports: "A lot, a lot of flooding," downed fences and felled signs, Byer said.As of 3 p.m., Citizens, the largest insurer in South Florida, had 1,226 claims filed from Miami-Dade County and 291 claims from Broward County. There are approximately 500,000 Citizens policyholders from Palm Beach to Monroe counties, said company spokesman Justin Glover.State Farm, Allstate and Nationwide didn't have claims information available Friday afternoon. That should change once electricity and telephone service is restored.Initial reports from adjusters in the field are to expect "a good mix of auto and property claims," said Ryan Priest, an Allstate Floridian spokesman.But initial loss estimates don't include flood, which is covered by the federally backed National Flood Insurance Program. A spokesman for the Federal Emergency Management Agency, which oversees the flood insurance program, said losses from Katrina could be on par with 1999's Hurricane Irene, which hit Broward and Palm Beach counties after making landfall in southwest Florida and caused more than $100 million in flood losses.If your home is flooded, make sure to take pictures and collect as much evidence -- taking swatches of wet carpets and upholstery, for instance -- of damage as you can before cleaning up, said Butch Kinerney, a FEMA spokesman.Also, if you are returning home after taking shelter, make sure to check the structural safety of your home before entering, Kinerney said. When you're ready to make a claim, call your insurance agent or company. Don't call FEMA -- they don't take flood claims directly, Kinerney said. For now, many of Katrina's victims must simply wait for an adjuster. And the time between a damage report and the adjuster's visit can be maddening.Lisa Remeny of Coconut Grove is awaiting a Citizens adjuster to assess the damage that a neighbor's 90-foot ficus tree did to the carriage house on her property. The tree fell on the second story and water poured in, making the house uninhabitable, Remeny said.Her neighbor's insurance will cover the repairs, but Remeny said she was told it would take 72 business hours before an adjuster will contact her. "
Now they really will have FEMA Insurance claims. Last year, FEMA paid more to Miami-Dade in FEMA hurricane money than it did to the surrounding areas. When they checked into it the realized that the Hurricanes didn't strike Miami-Dade last year.
Friday, August 26, 2005
Over 6.3 Million Traffic -Related Casualty Losses in 2002 Alone
A look at the most recent national traffic crash statistics from 2002 by the National Crash Statistics, U.S Department of Transportation, National Highway Safety reveals that there are in the U.S. over 6.3 million traffic-related casualty losses alone.
That is as many Diversity Lottery entries from entire world for 2006 -Over 6.3 million entries for the 2006 Diversity Visa Lottery were received.
That is as many Diversity Lottery entries from entire world for 2006 -Over 6.3 million entries for the 2006 Diversity Visa Lottery were received.
The Business of Automobile Accident Cases
According to the National Center for State Courts, two-thirds of general civil cases disposed of by a bench or jury trial in 1996 (65.7 percent) involved tort claims, primarily automobile liability, premises liability and medical malpractice claims. B. Ostrom & N. Kauder, Examining the Work of State Courts, 1999-2000. A National Perspective from the Court Statistics Project (National Center for State Courts 2000)
Again, is my lawyer working on my case or settling an insurance claim?
According to the National Safety Council, a federally chartered not-for-profit organization, the economic costs in 1998 of unintentional injuries totaled $480.5 billion These costs included $77.8 billion in medical expenses, $246.1 billion in wage and productivity losses, and $44.9 billion in motor vehicle damages. By 2002, wage losses, medical expenses, property damage, employer costs, fire losses and other expenses related to unintentional injuries cost Americans an estimated $586.3 billion. In 2002, there was an estimated death caused by a motor vehicle crash every 12 minutes and a disabling injury every 14 seconds.
As the cost and frequency of unintentional injuries increases, so does the need for our services. Our target market are personal injury victims (casualty claimants) who cannot afford to pay the expenses resulting from their unintentional injury and are disaffected by property and casualty insurance company tactics, poor customer service and the high fees of prelawsuit cash advances.
A substantial number of personal injuries lead to casualty insurance claims. Unresolved casualty claims result in lawsuits. For example, in a study tracking civil cases resolved in 1992, more than ninety-five percent of lawsuits resulted in settlements. As you might assume, there are substantially more casualty claims settled prior to reaching the lawsuit stage.
A substantial number of personal injury insurance claims result in settlement. According to the Insurance Research Council, a nonprofit, independent division of the American Institute for CPCU and the Insurance Institute of America, automobile injury claims in the United States skyrocketed during the five-year period from 1997 to 2002 despite declines in serious injury.
When you look at it this way I gues you can see that the majority of client's "cases" are settled as insurance claims.
As the cost and frequency of unintentional injuries increases, so does the need for our services. Our target market are personal injury victims (casualty claimants) who cannot afford to pay the expenses resulting from their unintentional injury and are disaffected by property and casualty insurance company tactics, poor customer service and the high fees of prelawsuit cash advances.
A substantial number of personal injuries lead to casualty insurance claims. Unresolved casualty claims result in lawsuits. For example, in a study tracking civil cases resolved in 1992, more than ninety-five percent of lawsuits resulted in settlements. As you might assume, there are substantially more casualty claims settled prior to reaching the lawsuit stage.
A substantial number of personal injury insurance claims result in settlement. According to the Insurance Research Council, a nonprofit, independent division of the American Institute for CPCU and the Insurance Institute of America, automobile injury claims in the United States skyrocketed during the five-year period from 1997 to 2002 despite declines in serious injury.
When you look at it this way I gues you can see that the majority of client's "cases" are settled as insurance claims.
Thursday, August 25, 2005
Important Things to Remember If You Become an Accident Victim
"Your Accident Fact Kit:
We hope you find our Accident Fact Kit helpful in the event of an accident. Don't forget to keep a pen with your kit. Keep the kit in your glove box, just in case you need it.
It includes:
- An Information Exchange (2 copies)
Complete one of the forms and provide it to the other driver. Have the other driver complete the other form and return it to you. You will need this information when you report your loss.
- Witness Information
Separate the form and ask any witnesses to the accident to complete the form and return it to you. You will need this information when you report your loss.
- Accident Details
This form is to help you record accident details while the incident is still fresh in your memory.
You may find it helpful to think about road and weather conditions, who was in your car, and other facts. You may need this information to report your loss and refresh your recollection
later.
If you have an accident, remember these tips:
- Try to keep calm. Do whatever is necessary to protect your family members or passengers and your property.
- Check for injuries, and get help if needed.
- Do not leave the scene of an accident.
- Do not admit responsibility at the accident scene or blame anyone else.
- Do not discuss the scope of your insurance coverage.
- Always notify law enforcement if there are injuries, death, or significant property damage related to the accident. Cooperate with law enforcement officials.
- Record name, address, and phone numbers of any witnesses; a witness is someone that saw the accident but was not involved in it.
- Note the date, time and location of the accident. Record details like cross streets, lane configurations, and weather conditions."
The link above to this caption is to an Insurance Company's PDF Accident Kit which you may or may not find helpful. I am surprised that it doesn't suggest that you purchase a disposable camera to take pictures of the car damage (collision claim and/or property damage claim) but then again, they are probably afraid it would be used to document your immediate injury at the collision scene.
We hope you find our Accident Fact Kit helpful in the event of an accident. Don't forget to keep a pen with your kit. Keep the kit in your glove box, just in case you need it.
It includes:
- An Information Exchange (2 copies)
Complete one of the forms and provide it to the other driver. Have the other driver complete the other form and return it to you. You will need this information when you report your loss.
- Witness Information
Separate the form and ask any witnesses to the accident to complete the form and return it to you. You will need this information when you report your loss.
- Accident Details
This form is to help you record accident details while the incident is still fresh in your memory.
You may find it helpful to think about road and weather conditions, who was in your car, and other facts. You may need this information to report your loss and refresh your recollection
later.
If you have an accident, remember these tips:
- Try to keep calm. Do whatever is necessary to protect your family members or passengers and your property.
- Check for injuries, and get help if needed.
- Do not leave the scene of an accident.
- Do not admit responsibility at the accident scene or blame anyone else.
- Do not discuss the scope of your insurance coverage.
- Always notify law enforcement if there are injuries, death, or significant property damage related to the accident. Cooperate with law enforcement officials.
- Record name, address, and phone numbers of any witnesses; a witness is someone that saw the accident but was not involved in it.
- Note the date, time and location of the accident. Record details like cross streets, lane configurations, and weather conditions."
The link above to this caption is to an Insurance Company's PDF Accident Kit which you may or may not find helpful. I am surprised that it doesn't suggest that you purchase a disposable camera to take pictures of the car damage (collision claim and/or property damage claim) but then again, they are probably afraid it would be used to document your immediate injury at the collision scene.
Write a Winning Demand Letter on Your Own
The demand letter is where the whole insurance claim negotiation process starts. In it, you send set out to the insurance company your narrative history on how the claim began and what your injuries were (and are); if they are permanent; why the other person is legally responsible for your injuries; what your medical treatment was and how much it cost and will cost in the future; what your income loss was and what it is going to be in the future; and, what other damages you suffered, in addition to money for pain and suffering, mental anguish, changes in your lifestyle as well as changes in your spouse's lifestyle as a result of changes in you.
There is just so much more I could go in to. Throughout this blog I am going to give out general suggestions, secrets and tips to present your own personal injury claim. I assert the legal disclaimer that this is not intended to be legal advice and this site provides information about the law designed to help you cope with your own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although I go to great lengths to make sure my information is useful, I recommend you consult a lawyer if you want professional assurance of my information, and your interpretation of it, is appropriate to your particular situation. Wow.
Hell, maybe I should put my email out so you can write to me about your biggest issues and what you would like to know so I could put it into an info book. Or maybe I'll teach a small army of people how to help accident victims present their own claims for a small payment and save a few thousand dollars in attorney fees. I mean, you could always (as long as the applicable statute of limitations did not run) go to a Trial Lawyer if you could not settle your insurance claim on your own.
There is just so much more I could go in to. Throughout this blog I am going to give out general suggestions, secrets and tips to present your own personal injury claim. I assert the legal disclaimer that this is not intended to be legal advice and this site provides information about the law designed to help you cope with your own legal needs. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although I go to great lengths to make sure my information is useful, I recommend you consult a lawyer if you want professional assurance of my information, and your interpretation of it, is appropriate to your particular situation. Wow.
Hell, maybe I should put my email out so you can write to me about your biggest issues and what you would like to know so I could put it into an info book. Or maybe I'll teach a small army of people how to help accident victims present their own claims for a small payment and save a few thousand dollars in attorney fees. I mean, you could always (as long as the applicable statute of limitations did not run) go to a Trial Lawyer if you could not settle your insurance claim on your own.
The Last Monopoly in the U.S.?
Personal Injury Times
The next time you can't sleep at night and you are watching the infomercials, try to remember how many Personal Injury Plaintiff (PI Lawyer) advertisements or auto-accident injury "treatment" shops advertise (it use to be just chiropractors advertising, but now it is multi-discipline) - MDs DCs and DOs have seen the profit-point.
When you drive down the highway (or freeway if you are in L.A.) you can't help but to see PI lawyers advertising for your injury "case." There are lots of little known industry secrets that go into making such a large profit that you can afford to advertise like Chevy.
How do I know?
I was one.
But before you decide that I am a jaded, burnt-out, disbarred lawyer (I am none of those things, well maybe I am slightly jaded) I have had dozens of conversations with other PI lawyers over the years and surprisingly, there are several "universal" rules they follow to be able to afford all that expensive advertising.
Interestingly, I have a strong opinion about PI lawyers and feel that they are worth their weight in gold if they are trial lawyers who will take you into the courtroom. If you have an automobile accident "case" (and this word irks me) because 98% of the population thinks their lawyer is helping them with their "case," when in fact, all that is going on is that the PI lawyer's secretary is typing up a settlement demand to the insurance adjuster for the lowly policy limits of the at-fault person. I've known some PI lawyers who even let their support staff, now called paralegals or case managers (gee, I wonder what college degree they obtained to become a case manager) negotiate with the insurance adjusters.
Now if you think you could not do a better job with the appropriate outline of the what, the when, the why and the "how much?", then you might as well just give him or her 1/3 of your settlement for the two hours (FTEs - full-time equivalents for the metrics people) of "case manager" time, no less, invested in your case.
Let's see, I think I can hire a secretary (one of the "secrets" in my URL, pretty interesting, huh?) for $12.50/hour, even less if she has no experience. My per unit cost for client acquisition is $500.00 - television and billboards are expensive and the contracts are long. Are you getting the picture?
Next time you go to the PI lawyer you saw on TV, ask him or her when was the last time they "picked a jury" (meaning they got prepared for trial, went to the courthouse and began the trial) and you expect that he or she will return your telephone calls within 24 hours (this means not their "case manager"). Each of these are rare, although I do know several small PI firms or individual lawyers who do provide client attention but the problem is, they do not advertise on TV or billboards because they have happy clients, who inturn give them word-of-mouth advertising and they concentrate on each case. Just like I use to do (well sort-of, because I did have to pay the bills too). More rants to come.
The next time you can't sleep at night and you are watching the infomercials, try to remember how many Personal Injury Plaintiff (PI Lawyer) advertisements or auto-accident injury "treatment" shops advertise (it use to be just chiropractors advertising, but now it is multi-discipline) - MDs DCs and DOs have seen the profit-point.
When you drive down the highway (or freeway if you are in L.A.) you can't help but to see PI lawyers advertising for your injury "case." There are lots of little known industry secrets that go into making such a large profit that you can afford to advertise like Chevy.
How do I know?
I was one.
But before you decide that I am a jaded, burnt-out, disbarred lawyer (I am none of those things, well maybe I am slightly jaded) I have had dozens of conversations with other PI lawyers over the years and surprisingly, there are several "universal" rules they follow to be able to afford all that expensive advertising.
Interestingly, I have a strong opinion about PI lawyers and feel that they are worth their weight in gold if they are trial lawyers who will take you into the courtroom. If you have an automobile accident "case" (and this word irks me) because 98% of the population thinks their lawyer is helping them with their "case," when in fact, all that is going on is that the PI lawyer's secretary is typing up a settlement demand to the insurance adjuster for the lowly policy limits of the at-fault person. I've known some PI lawyers who even let their support staff, now called paralegals or case managers (gee, I wonder what college degree they obtained to become a case manager) negotiate with the insurance adjusters.
Now if you think you could not do a better job with the appropriate outline of the what, the when, the why and the "how much?", then you might as well just give him or her 1/3 of your settlement for the two hours (FTEs - full-time equivalents for the metrics people) of "case manager" time, no less, invested in your case.
Let's see, I think I can hire a secretary (one of the "secrets" in my URL, pretty interesting, huh?) for $12.50/hour, even less if she has no experience. My per unit cost for client acquisition is $500.00 - television and billboards are expensive and the contracts are long. Are you getting the picture?
Next time you go to the PI lawyer you saw on TV, ask him or her when was the last time they "picked a jury" (meaning they got prepared for trial, went to the courthouse and began the trial) and you expect that he or she will return your telephone calls within 24 hours (this means not their "case manager"). Each of these are rare, although I do know several small PI firms or individual lawyers who do provide client attention but the problem is, they do not advertise on TV or billboards because they have happy clients, who inturn give them word-of-mouth advertising and they concentrate on each case. Just like I use to do (well sort-of, because I did have to pay the bills too). More rants to come.
Wednesday, August 24, 2005
The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore its benefits
Opponents of the legal system exaggerate its costs, ignore its benefits
by Lawrence Chimerine and Ross Eisenbrey
Tort litigation has been blamed for driving liability insurance premiums to excessive levels, reducing real wages and overall employment, undermining corporate profits, dampening productivity growth, discouraging research and development, and generally reducing the willingness of corporations and individuals to take reasonable risks (such as introducing new products) that may benefit themselves and society. There is scant evidence for any of these claims. To the contrary, macroeconomic trends since the early 1990s are especially inconsistent with the argument that supposedly high and rapidly rising tort costs have inflicted serious harm on the economy. Yet the legal system's critics continue to argue that there is a tort liability 'crisis' that warrants changing the tort system, and that change is a key element in bolstering economic growth in the future. Yet these critics provide no credible evidence to support their assertions. In fact, what little effect changing the tort system will have on the economy might hurt job creation rather than help it.
A 'tort' is 'a wrongful act, damage, or injury done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Proponents of changes in the U.S. legal system have tried to associate tort litigation with a host of ills, from driving doctors out of business to closing municipal swimming pools. Increasingly, they argue that the tort system is a drag on the U.S. economy as a whole and, especially, on job creation and retention. "
If you are unable to settle your accident claim by yourself without filing a lawsuit, then you can look forward to paying over 1/3 of your claim, if not more to your lawyer to file a lawsuit for you.
by Lawrence Chimerine and Ross Eisenbrey
Tort litigation has been blamed for driving liability insurance premiums to excessive levels, reducing real wages and overall employment, undermining corporate profits, dampening productivity growth, discouraging research and development, and generally reducing the willingness of corporations and individuals to take reasonable risks (such as introducing new products) that may benefit themselves and society. There is scant evidence for any of these claims. To the contrary, macroeconomic trends since the early 1990s are especially inconsistent with the argument that supposedly high and rapidly rising tort costs have inflicted serious harm on the economy. Yet the legal system's critics continue to argue that there is a tort liability 'crisis' that warrants changing the tort system, and that change is a key element in bolstering economic growth in the future. Yet these critics provide no credible evidence to support their assertions. In fact, what little effect changing the tort system will have on the economy might hurt job creation rather than help it.
A 'tort' is 'a wrongful act, damage, or injury done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Proponents of changes in the U.S. legal system have tried to associate tort litigation with a host of ills, from driving doctors out of business to closing municipal swimming pools. Increasingly, they argue that the tort system is a drag on the U.S. economy as a whole and, especially, on job creation and retention. "
If you are unable to settle your accident claim by yourself without filing a lawsuit, then you can look forward to paying over 1/3 of your claim, if not more to your lawyer to file a lawsuit for you.
Structured Settlements And H.R. 4314 - Cutting Through The Myths
Structured Settlements And H.R. 4314 - Cutting Through The Demagoguery: "Summary: Structured settlement buyers provide a valuable service to individuals that originally choose a structured settlement instead of a lump sum and now wish to alter the timing of some or all of their payments. The vast majority of structured settlement recipients are employed and perfectly capable of deciding what is best for them financially. They had the right to choose a lump sum at the time of settlement and should continue to have the right to choose how they get their money. HR 4314 eliminates citizens' rights to choose what to do with their money.
Myth: Structured settlements are used to provide for the long term care of seriously injured people.
Reality:
Over 85% of structured settlement recipients are gainfully employed or capable of working and do not suffer from a long term disability. "
This involves "factoring" the settlement and involves too much math for me. But I have seen this done in several personal injury cases where the settlement or jury verdict were high (over $150,000.00).
Myth: Structured settlements are used to provide for the long term care of seriously injured people.
Reality:
Over 85% of structured settlement recipients are gainfully employed or capable of working and do not suffer from a long term disability. "
This involves "factoring" the settlement and involves too much math for me. But I have seen this done in several personal injury cases where the settlement or jury verdict were high (over $150,000.00).
Statistics prove prescription drugs are 16,400% more deadly than terrorists
Statistics prove prescription drugs are 16,400% more deadly than terrorists:
"America was rudely awakened to a new kind of danger on September 11, 2001: Terrorism. The attacks that day left 2,996 people dead, including the passengers on the four commercial airliners that were used as weapons. Many feel it was the most tragic day in U.S. history.
Four commercial jets crashed that day. But what if six jumbo jets crashed every day in the United States, claiming the lives of 783,936 people every year? That would certainly qualify as a massive tragedy, wouldn't it?
Well, forget 'what if.' The tragedy is happening right now. Over 750,000 people actually do die in the United States every year, although not from plane crashes. They die from something far more common and rarely perceived by the public as dangerous: modern medicine.
According to the groundbreaking 2003 medical report Death by Medicine, by Drs. Gary Null, Carolyn Dean, Martin Feldman, Debora Rasio and Dorothy Smith, 783,936 people in the United States die every year from conventional medicine mistakes. That's the equivalent of six jumbo jet crashes a day for an entire year. But where is the media attention for this tragedy? Where is the government support for stopping these medical mistakes before they happen?
After 9/11, the White House gave rise to the Department of Homeland Security, designed to prevent terrorist attacks on U.S. soil. Since its inception, billions of dollars have been poured into it. The 2006 budget allots $34.2 billion to the DHS, a number that has come down slightly from the $37.7 billion budget of 2003.
According to the study led by Null, which involved a painstaking review of thousands of medical records, the United States spends $282 billion annually on deaths due to medical mistakes. And that's a conservative estimate."
I just couldn't believe it until I read it.
"America was rudely awakened to a new kind of danger on September 11, 2001: Terrorism. The attacks that day left 2,996 people dead, including the passengers on the four commercial airliners that were used as weapons. Many feel it was the most tragic day in U.S. history.
Four commercial jets crashed that day. But what if six jumbo jets crashed every day in the United States, claiming the lives of 783,936 people every year? That would certainly qualify as a massive tragedy, wouldn't it?
Well, forget 'what if.' The tragedy is happening right now. Over 750,000 people actually do die in the United States every year, although not from plane crashes. They die from something far more common and rarely perceived by the public as dangerous: modern medicine.
According to the groundbreaking 2003 medical report Death by Medicine, by Drs. Gary Null, Carolyn Dean, Martin Feldman, Debora Rasio and Dorothy Smith, 783,936 people in the United States die every year from conventional medicine mistakes. That's the equivalent of six jumbo jet crashes a day for an entire year. But where is the media attention for this tragedy? Where is the government support for stopping these medical mistakes before they happen?
After 9/11, the White House gave rise to the Department of Homeland Security, designed to prevent terrorist attacks on U.S. soil. Since its inception, billions of dollars have been poured into it. The 2006 budget allots $34.2 billion to the DHS, a number that has come down slightly from the $37.7 billion budget of 2003.
According to the study led by Null, which involved a painstaking review of thousands of medical records, the United States spends $282 billion annually on deaths due to medical mistakes. And that's a conservative estimate."
I just couldn't believe it until I read it.
Personal Injury
Personal Injury: "Legal Information ---
Car accidents involve insurance as well as personal injury law, so it is very important that victims of a crash contact a lawyer immediately. Attorneys will mediate between the persons involved in the accident and the insurance companies. An attorney will attempt to prove liability by preserving evidence and interviewing witnesses. Attorneys also ensure that you receive proper medical care, and document your injuries so that you receive full compensation.
Scene of the Accident
It is important to collect as much information as possible at the scene of a car accident. The following is a list of data that should be collected:
Names and addresses of drivers, driver's licenses
Names and addresses of passengers
Names, addresses and telephone numbers of any witnesses
Names and addresses of registered owners of the vehicles
Names of insurance companies, policy numbers
Location of the accident
How the accident occurred
Did any of the drivers seem to be under the influence of drugs or alcohol?
Injuries
Damages to vehicles
Names of police officers that responded to the scene
Did anyone claim responsibility for the accident? "
There are Post Accident suggestions you should follow too!
Car accidents involve insurance as well as personal injury law, so it is very important that victims of a crash contact a lawyer immediately. Attorneys will mediate between the persons involved in the accident and the insurance companies. An attorney will attempt to prove liability by preserving evidence and interviewing witnesses. Attorneys also ensure that you receive proper medical care, and document your injuries so that you receive full compensation.
Scene of the Accident
It is important to collect as much information as possible at the scene of a car accident. The following is a list of data that should be collected:
Names and addresses of drivers, driver's licenses
Names and addresses of passengers
Names, addresses and telephone numbers of any witnesses
Names and addresses of registered owners of the vehicles
Names of insurance companies, policy numbers
Location of the accident
How the accident occurred
Did any of the drivers seem to be under the influence of drugs or alcohol?
Injuries
Damages to vehicles
Names of police officers that responded to the scene
Did anyone claim responsibility for the accident? "
There are Post Accident suggestions you should follow too!
How Much is Your Personal Injury Claim Worth
"It can be tough to set a dollar amount on injuries you suffer in an accident. There are so many things to consider: doctor's bills, time lost from work, medical costs for ongoing injuries, pain and suffering, and so on. Insurance companies take all of them into account when deciding how much to offer -- and ultimately pay out -- for a personal injury claim."
They also apply a discount and start off with what is know as the "low-ball" initial offer to personal injury victims.
They also apply a discount and start off with what is know as the "low-ball" initial offer to personal injury victims.
Personal Injury Cases vs. Claims
Personal Injury Times - Personal Injury Cases vs. Claims: "You don't have to go to law school to handle your own accident and personal injury claim. If you engage an attorney to represent you, depending on your the state that you live, he or she is going to take 33 1/3% to 50% right off the top of your settlement (they get paid first!) - - for doing little or nothing, but presenting your claim documentation and negotiating your settlement - - when you could have done it yourself. Now you don't have to have a law degree to do this, Do You? You know your lawyer is negotiating with an insurance adjuster to settle your claim. "
Your Car Accident & How To Talk With Your Insurance Company On A Disputed Claim
Your Car Accident & How To Deal With Your Insurance Company On A Disputed Claim: "When you disagree with your insurance company, about a claim, you have the following 7 options which you can proceed to do, without going to court.
If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. More often than not it's an 800 number. Call The Consumer Complaint Department. Talk to them because they should be able to help you.
Don't hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you've finished and your dispute).
Send a covering letter (to that individual with whom you spoke) that contains all the documents you have to back up your position.
All insurance companies have either an 'Appraisal Service' or 'Arbitration Service' which have been created to settle differences and/or disputes."
This is some good advice.
If your agent is unable to solve your problem, get the name and phone number of your insurance companies Claims Department. More often than not it's an 800 number. Call The Consumer Complaint Department. Talk to them because they should be able to help you.
Don't hang up until you get the specific name of the person with whom you spoke. (Make a note of the person you talked with and hold onto that until you've finished and your dispute).
Send a covering letter (to that individual with whom you spoke) that contains all the documents you have to back up your position.
All insurance companies have either an 'Appraisal Service' or 'Arbitration Service' which have been created to settle differences and/or disputes."
This is some good advice.
Auto Insurance Savings Checklist
Auto Insurance Savings Checklist: "There are many ways to save with your auto insurance. Here is a list compiled by your About.com Personal Insurance Guide. Make sure to print this list to use while shopping online or with a local agent. "
This list is a great start.
This list is a great start.
How to Buy an Insurance Friendly Vehicle
How to Buy an Insurance Friendly Vehicle: "The cost of auto insurance should be at the top of the list when one is considering the total price of purchasing a new vehicle. Just because one buys a smaller, cheaper car does not insure a cheaper insurance rate. A customer's driving history is just one of many factors that are considered when determining an insurance rate. Characteristics of the vehicle being purchased plays a large role in insurance costs. Below is a list of features or types of vehicles to avoid to get the best stretch out of one�s insurance buck. "
Every little bit helps.
Every little bit helps.
Vioxx verdict's dark side - The Boston Globe
Vioxx verdict's dark side - The Boston Globe: "A TEXAS JURY's Texas-size message to the drug manufacturer Merck last week may mean more than meets the eye. The jury awarded a $24 million base amount for the death of Robert Ernst and $229 million in punitive damages, apparently for Merck's failure to adequately disclose the risk of heart problems from Vioxx. Merck's stock market value declined by $5 billion on Friday. Lawyers say that Merck may face up to 100,000 other Vioxx-related suits."
Let's see... 24 + 229 = $251 million. The lawyer's fees are tremendous. That is $251 million dollars for a wrongful death.
Let's see... 24 + 229 = $251 million. The lawyer's fees are tremendous. That is $251 million dollars for a wrongful death.
No Claims Bonus? Very Rare
Cheap Car Insurance:
"No Claims Bonus is a term used to describe the number of years you have had Car Insurance without making a claim. Put simply, if you have had Car Insurance for 4 years and you have not made a claim in that time, then you have 4 years No Claims Bonus. No Claim Bonus is probably the single biggest factor affecting the cost of your Car Insurance premium. Every year that goes by without you making a claim is another year of No Claims Bonus."
Considering that Insurance in the U.S. is a "for-profit" industry, real discounts are unlikely.
"No Claims Bonus is a term used to describe the number of years you have had Car Insurance without making a claim. Put simply, if you have had Car Insurance for 4 years and you have not made a claim in that time, then you have 4 years No Claims Bonus. No Claim Bonus is probably the single biggest factor affecting the cost of your Car Insurance premium. Every year that goes by without you making a claim is another year of No Claims Bonus."
Considering that Insurance in the U.S. is a "for-profit" industry, real discounts are unlikely.
Personal Injury Times - US insurance case on non-OE crash parts
"US insurance case on non-OE crash parts may limit future class action lawsuits - Industry News - News & Events - Auto Industry: 'State Farm Mutual Automobile Insurance Co., the USA?s largest vehicle and home insurer, has won the reversal on appeal of a $1 billion verdict in what is described as an apparent victory for business groups trying to limit class action suits in the country, which have often featured vehicle manufacturers in recent years. The Illinois Supreme Court decided that 4.7 million claims over State Farm's requirement for use of generic (non-OE) parts in car repairs varied too much to be grouped together.'"
You still should check with your local State Statutes to see if your state requires the use of Original Equipment for replacement parts.
You still should check with your local State Statutes to see if your state requires the use of Original Equipment for replacement parts.
What Everyone Should Know About Auto Insurance
American Family Insurance: "Let's be realistic, everyone needs to have auto insurance. Aside from the fact that almost every state requires it, it is only logical for a driver to see that his vehicle is properly insured. Auto insurance offers property, liability and medical coverage. A full policy consists of six separate types of coverage. A majority of states will insist that you purchase all but a few of these kinds of coverages. Before making any major decisions about which auto insurance is right for you, it is best to educate yourself about insurance policies and terms."
Learn the different types of coverage for your protection
Learn the different types of coverage for your protection
After a Serious Auto Accident is Your Car a Total Loss?
"You're OK. Your kids are OK. You have much to be thankful for. As for your car, well, there's not a lot left. The last time you saw it, it was being hoisted heavenward with two limp, deflated airbags dangling from the dashboard and broken glass littering the footwells. The front-end sheet metal resembled a rice-paper lampshade after a cross-country move. Questions start filling your head. Will you ever see it again? Should you start looking for a replacement? And at this point in time, is your auto insurance company a friend or foe? What if your car is rare or collectible? The following step-by-step guide helps answer these questions and more to help you survive the scrutiny of your car insurance company after you've survived a serious accident."
You may be entitled to loss of use of your vehicle as well.
You may be entitled to loss of use of your vehicle as well.
Personal Injury Claims vs. Case
Too many personal injury lawyers are making their bread and butter from the settlement of their client's insurance claims (mostly automobile accident claims) instead of earning their money as trial lawyers trying their client's case in court. Why is that? Think about it. I hope to develop a resource here for other alternatives to this last monopoly in the United States
What to do After an Auto Accident
"Although auto accidents are more prevalent in the winter months, what you need to do after an accident never changes. Obviously it is hard to think clearly after an accident so it is important to know before you get into an accident what to do first and what questions may need answered. This checklist will help you know what to do after an auto accident. It is best to review it now and then print it out and keep a copy with you in your car."
5 Steps to Filing Your Auto Insurance Claim Right
"Evaluate whether or not you should file a claim: Did you know that just when you call your insurance company with a question about possibly filing a claim it is often recorded on your insurance record? It is important to keep your insurance record clean and one way is deciding weather or not you should file a claim. It doesn’t matter if the accident is your fault or not, you should ask yourself first if you can pay for the damage..."
You have to figure out if your deductible will be the only thing that will pay.
You have to figure out if your deductible will be the only thing that will pay.
Subscribe to:
Posts (Atom)