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Archive for the ‘legal advice’ Category

Thoughts on the McDonalds Hot Coffee Case

Friday, August 7th, 2009

You may have received an email about a “frivolous” lawsuit over a woman spilling McDonalds coffee in her lap—and winning millions of dollars. It is suspected that emails like these are widely circulated by the “spin doctors” in charge of pushing propaganda to get people to support tort reform.

Those emails were slanted to support their agenda and did not truthfully report what happened to Ms. Liebeck, the elderly injured woman. Here’s what they might not have told you:

  • She received third degree burns to her inner thighs, genitals, and buttocks.
  • She was in the hospital for eight days. She had to have skin grafts and burned tissue surgically removed.
  • The coffee was 185 degrees. Testimony by McDonald’s quality assurance manager indicated that they knew a burn hazard was present above 140 degrees, yet they chose to keep it 45 degrees hotter.
  • McDonalds own records indicate more than 700 people claimed they were burned by their coffee between 1982 and 1993, some third degree burns, and still the company refused to lower the temperature.
  • Ms. Liebeck originally tried to settle her claim with McDonalds for $20,000, but they refused.
  • A jury assigned her 20% responsibility for the injury because she spilled the coffee.
  • The judge said that McDonalds conduct was reckless, willful, and callous.

And what about those millions of dollars she received? Fiction. She was awarded $160,000 in compensatory damages. For punitive damages she was first awarded $2.7 million, the equivalent of two days of McDonalds coffee sales, but it was reduced to $480,000. After the verdict, Ms. Liebeck and McDonalds reached a settlement.

Do big corporations need to be held financially responsible for their reckless, willful, and callous actions when those actions harm someone? Are financial awards one of the few and most effective ways to hold those corporations responsible? As mesothelioma attorneys fighting for the rights of our clients, we strongly say “YES!”

If you or a loved one has developed mesothelioma from the negligence of an asbestos company, you have a right to seek compensation, just as Ms. Liebeck did. Contact our experienced mesothelioma lawyers today for a free consultation.

Do You Buy the Propaganda?

Wednesday, August 5th, 2009

The success the tort reform movement has seen thus far is based primarily on the movement’s widespread use of propaganda to dupe the general public. Unfortunately, many, many people have been convinced these myths are true and have voted to give up their own constitutional right, or to significantly limit their right, to seek redress for harms caused them.

As mesothelioma attorneys passionate in the fight against tort reform, we believe you have the right to know fact from fiction. Let’s take a look at what you may have heard and see if the evidence supports the claims.

Propaganda: People are “lawsuit happy” and the increased numbers of frivolous lawsuits are costing taxpayers big money because the court system must try all of them.
This is false. In fact, the Justice Department reported that between the years 1985 and 2003, the number of tort lawsuits decided by a judge or jury in U.S. District Courts fell 79%.

The real reason for this drop is that the courts already had a solid system in place (before tort reform) to weed out frivolous lawsuits; and judges have the power to proceed with only those cases that have merit. Tort reform seriously limits an individual’s right to bring a meritorious case and does nothing significant to decrease frivolous lawsuits.

Propaganda: Tort reform is necessary to bring down the cost of insurance premiums.
This is false as well. Insurance premiums are high, but it has much more to do with the greed of insurance companies than lawsuits. The proof is in the profit: $61.9 billion in profit was reported by the insurance industry in 2007.

While proponents of tort reform like to make the public think that damage caps will decrease premiums, Dennis Kelly, the American Insurance Association spokesman was quoted in the Chicago Tribune as saying, “We have not promised price reductions with tort reform.”

Propaganda: Tort lawsuits are making health care even more expensive and doctors are going out of business because they can’t afford the cost of malpractice insurance.
Wrong, again. According to the Government Accountability Office, access to health care has not been widely affected by medical malpractice lawsuits. In addition, the number of physicians has grown more than 40% since 1990 while the general population has only increased 18%.

Other factors have significantly contributed to the increase in the cost of health care, but medical malpractice tort cases are not among them.

Don’t buy the propaganda!

Those on the side of tort reform want you to believe that it will help you. Don’t believe it for a second. The real beneficiaries of tort reform are big corporations and big insurance companies. Most people won’t see any affect from tort reform until they try to seek compensation for a real harm done to them…and are challenged time and again by tort reforms designed to protect those that have harmed them.

Worried about how tort reform will affect your mesothelioma case?

Tort reform can limit where and when you can file a case. One of our experienced mesothelioma attorneys will personally handle your case and help you fight to protect your rights. ACT NOW to ensure that you file before your statute of limitations run out.

Follow the Money

Tuesday, August 4th, 2009

You may have seen or heard ads about tort reform sponsored by nonprofit organizations. The organizations responsible for these ads seem to be part of a grassroots movement to stem the tide of frivolous lawsuits and therefore the amount taxpayers have to spend for the legal system. This movement also wants to put more money back into consumer’s pockets by reducing skyrocketing insurance premiums. Both of these ideas sound great and you may be asking yourself, “How can I get on board and support this?”

Don’t believe it for a second. You have been duped. But before you feel foolish, consider this: you aren’t the only one. Countless other Americans have been deceived by these seemingly grassroots organizations. In truth, they are wolves hiding in sheep’s’ clothing and our mesothelioma lawyers have seen first hand just how devious their plan is.

Who is really funding these nonprofits organizations and paying for the ads you’ve been hearing and seeing? They are membership organizations and the members are big corporations and insurance companies. These companies want to take away your right to seek fair financial compensation for the wrong they have caused you and plan to cause in the future with more dangerous products yet to be released.

It stands to reason that those with the most to gain would be the ones funding this movement. It’s not your neighbor who was a vermiculite miner and now has crackling lungs. It’s not your father who worked his whole life at a plastics plant and liked the smell of benzene until his coworker and best friend died from leukemia. It’s not your aunt who lost her uterus from an infection or a brother-in-law that can’t stop smoking even though he’s had two heart attacks. It is the kind of company that knowingly exposed America to the dangers of things like asbestos, benzene, the Dalkon Shield, and nicotine so they could make a LOT of money. It’s the kind of company that is hatching a plot to limit their financial losses from a product they know will cause horrendous loss and death twenty years from now.

Do you want to be on their team?

My Nephews a Lawyer, Can He Try My Mesothelioma Case?

Friday, July 17th, 2009

The idea of having a family member or friend handle a victim’s mesothelioma lawsuit is appealing to some people. After all, if you have a relative that is a lawyer, who better to represent your case than someone who is committed to your cause because they love you and are passionate about the outcome?

In truth, there are a number of problems with this reasoning:

  1. Tort law is a legal specialty, and mesothelioma law is a sub-specialty of tort law. Would you trust your podiatrist to give you a heart transplant? In the same way that much of a podiatrist’s expertise has little to do with heart transplants, a family lawyer that has experience in drawing up wills, for example, will have little expertise that can be applied to a mesothelioma case.
  2. The same passion that a family member or friend could bring to your case could become a liability. Strong emotion can at times interfere with reason, and sound reasoning is essential to an effective mesothelioma lawsuit.
  3. You can be certain that the asbestos manufacturers and employers named as defendants in your case will spend big money to hire the most experienced mesothelioma defendant attorneys available. These attorneys will also have a list of “expert” witnesses they’ve worked with that will testify in their defense. These defendants are Goliaths and a fight against them should only be attempted by a legal team that knows how to maneuver and spot their weaknesses.
  4. The cost of adequately preparing and trying a mesothelioma case can be huge—even if a friend or relative is donating their time. Coming up with the money to pay for these expenses on your own could be a huge obstacle—and if you lost your case, the burden on the family would be even greater.

Why You Should Choose a Mesothelioma Trial Attorney

  1. We specialize in trying mesothelioma cases and our case history includes numerous successful verdicts in favor of our clients. (Results depend on the details of each case.) So, following our example from above, instead of bringing a podiatrist to your heart surgery, you’re bringing a heart surgeon with years of experience.
  2. We’re extremely familiar with the legal reasoning and maneuvering necessary for trying a mesothelioma case. Our mesothelioma attorneys stay on top of changes to laws as well as legal precedents. But we also treat our clients with compassion and dignity. We recognize the pain and suffering your family is going through, and our support staff is dedicated to helping you through this difficult time.
  3. We have the resources to take on the Goliaths of the asbestos industry. Our training, experience, relationships and financial resources are dedicated to your case, and we approach the fight with confidence.

The Case Against Tort Reform

Wednesday, July 15th, 2009

Tort reform is any attempt to reduce or limit the ability of an injured party to seek compensation in a civil lawsuit. Individuals in favor of tort reform argue that limitations placed on civil wrongs help reduce the glut of frivolous lawsuits that occur each year. They also see tort reform as a way to reduce high costs associated with the U.S. tort system and claim that tort reform will reduce the cost consumers pay for insurance, health care and products.

While reducing the number of frivolous lawsuits and lowering court system costs are, indeed, good ideas, that doesn’t necessarily make tort reform the right solution to the problem.

What many proponents of tort reform fail to mention is that tort reform lowers the level of punishment for negligence or intended injurious acts. In the business world, everything is measured in dollars and cents. If there are fewer legal ramifications for manufacturing an unsafe product, then corporations would worry less about the safety of products entering the marketplace.

Corporate wrongdoing is rampant in our society. Tort law is one of the few real incentives big corporations have to produce products that are safe – if a company knows that a product it manufacturers is deadly, and that a certain percent of people that use the product will be injured and could potentially sue for millions of dollars each, they are motivated to protect themselves and therefore the consumer.

If this incentive was severely limited by tort reform, what would stop companies from going back to putting products as bad or worse than benzene, asbestos, or pharmaceuticals with deadly side effects back in production? Studies related to non-motor vehicle accidental death rates have indicated that tort reforms do, in fact, work to increase death rates.

From a medical standpoint, tort reform is often brought in the form of a statute of limitations. For example, current laws are in place that require an individual to file a claim for malpractice within two years from the date of injury. However, many individuals do not learn of the malpractice until months or years later, when the first symptoms of the unnecessary health ailment arise. By this time, tort reform limitations have made it impossible to seek legal recourse.

In the case of mesothelioma, symptoms may not manifest for decades. In order to ensure that injured parties have a fair chance at receiving compensation, many experts on the subject, including our mesothelioma attorneys, feel that tort reform should be limited as much as possible.

Look for more information about tort reform in our next post in the series.