Header image

This is the first in an occasional series of posts that I’m calling “How to Lose Your Accident Case.” With this series I intend to outline for you many of the things that accident claimants regularly do that seriously negatively impact their case, either causing them to get no recovery, or a substantially reduced recovery.

Lie to your lawyer. That’s it, the number one thing you can do wrong. Lie to your lawyer and you will negatively impact your case. What are some of the common lies that some clients tell, or things that they conveniently forget to tell their lawyer?
1. Lying about how an accident happened. If it is an auto accident, there will be a police report and witnesses. Insurance companies can and will hire private investigators. The truth will come out. You are much better off to tell your attorney the truth, right from the beginning. The problem may not be that big. Or it may not be a problem at all, but you won’t know unless your attorney has the ability to evaluate all the facts.
2. Lying about prior accidents, claims and injuries. This one is a no-brainer. Insurance companies have access to vast databases. If you’ve been injured and made a claim for benefits, they’ll probably have access to it. If not, there will be accident reports and medical records that they will find. Tell your attorney everything about other accidents, claims and injuries.

Almost 100,000 patients have received the DePuy ASR, metal-on-metal hip implant system. Those implants are failing at an alarming rate, at least 13% in the first few years. That is far beyond any “normal” failure rate. As a result, DePuy, a subsidiary of Johnson & Johnson, has recalled these hips.

The problem is, you can’t easily “recall” medical devices that have been implanted. That means they have to be explanted, or surgically removed and replaced. In the case of hip implants, this is called a revision, and it can be an expensive and painful operation.

If you have a DePuy ASR metal-on-metal hip implant, and you talk to your doctor about a hip revision, please talk to an attorney before you have the surgery. Reports are appearing around the country of hospitals treating these explanted hip components as medical waste and discarding them. Don’t let them do this to you! The removed implant is vital evidence. Just because the hip has been recalled doesn’t mean that you will automatically win a case against DePuy. You will still have to prove that the implant was defective in some way and the implant itself is the best evidence.

Please contact our office you have had a DePuy hip implant and need to discuss your legal rights.

Hot Coffee, The Movie is a documentary entry in this year’s Sundance Film Festival. Hot Coffee is the story everyone thinks they know about crazy “runaway” juries awarding huge sums of money when people do stupid things and hurt themselves.

Well, that version of events was bought and paid for by a massive public relations campaign just like the one the U.S. Chamber of Commerce is currently running to try to get the public to buy into “reforming” our justice system. The problem is, this version of events, like all great lies, is founded on only a grain of truth. Stella Lieback, a 79 year old woman who, in 1992, spilled a cup of McDonald’s scalding coffee in her lap causing severe third degree burns. What isn’t usually talked about is the years of surgery and medical treatment Stella endured. What’s never discussed is the fact that the size of the jury’s verdict reflected their outrage when they learned that McDonald’s had been sued numerous times over severe burns caused by their coffee and that despite the known danger, they continued to serve their coffee at a temperature that could not be consumed by most individuals because by keeping it scalding hot, they could sell it longer without having to brew fresh pots of coffee. The temperature of the coffee was mandated by McDonald’s corporate offices in order to save a few cents.

Hot Coffee is an important piece of documentary film, telling not only the story of Stella Lieback, but others who have been destroyed by the public relations campaigns to limit your access to the Courts.

Today the 112th Congress was sworn in and the new Republican Majority ceremoniously conducted a reading of the U.S. Constitution. Hopefully, they listened when they read the 7th Amendment right to trial by jury. If they hold the Constitution as dear as they claim they do, then they will oppose any attempts to limit your right to trial by jury, whether it is imposing caps on lawsuits or punitive damages. A jury of your neighbors will know what is right. That’s what our founding father’s wrote into the Constitution.