Birmingham Personal Injury Lawyer

What's My Alabama Car Accident Case Worth?

Jon Lewis — Thu, 19 Apr 2012 10:40:00 GMT

That's a good question. In the most recent Alabama Jury Verdict Reporter (April, 2012), there were fifteen (15) jury verdicts in the State involving car wrecks. Of those fifteen, eight (8) were defense verdicts, and two of the eight were rear-end collisions.

Of the remaining seven plaintiff verdicts, these are the following results:

$ 7,250.00
$122,500.00
$106,758.00
$ 7,164.00
$ 8,500.00
$ 3,112.00
$ 2,000.00

When taken altogether, the average of the fifteen verdicts is $17,152.00. A further analysis shows that the $122,500.00 verdict was a case against Progressive Specialty Insurance and Metropolitan Group Property and Casualty Insurance Company for Uninsured/Underinsured Motorist coverage, and the plaintiff only recovered $37,500.00 of the verdict because they had previously settled with an insurance carrier, and there were set-offs due on the $122,500.00. The defendant in the $106,758 verdict died so the case was against the Estate of the deceased defendant.

With respect to the other verdicts, those are interesting too in light of the actual medical bills involved. With the $7,250.00, the medical bills aren't listed. On the $7,164.00, the medical bills were $11,628.00. On the $8,500.00, the medical bills were $47,393.00, and a settlement offer of $40,000.00 was rejected. With the $3,112.00 and $2,000.00, the medical bills are not listed.

What can we learn from these? First, to me, it is obvious that juries are not going crazy with verdicts. This pattern of verdicts has been consistent for the last 10-15 years. Second, juries are reluctant to render verdicts against individuals. Plaintiffs are not allowed to tell the jury that the defendant has auto insurance so they never know if the defendant will have to pay the money out of his/her own pocket. However, I can confidently state that MOST ATTORNEYS WILL NOT TAKE A CAR WRECK CASE TO TRIAL IF THE DEFENDANT DOES NOT HAVE INSURANCE!! Third, it makes a difference if the insurer or company or an estate is the defendant - see the $122,500.00 and $106,758.00 verdicts. Finally, clients should listen to their attorney. $40,000.00 is better than $8,500.00, and the plaintiff in that case could have been in a much better position without having to go through the stress of a trial.

Originally posted at InjuryBoard by Jon Lewis

What is Mediation?

Jon Lewis — Tue, 06 Mar 2012 17:59:23 GMT

Mediation is a method by which cases are resolved amicably and without the necessity of trial. Typically, both sides of a dispute agree to a mediator to handle the case (of course, mediation may consist of more than two parties, but for the purposes of this article, the two party mediation will be the topic). The mediator is usually a retired judge or practicing attorney who handle mediation cases for the majority of their practice (not always - some continue to practice law and mediate cases).

THE PROCESS

The Position Statement

Once the date of mediation is scheduled, the mediator requests a Position Statement from both parties. This statement usually outlines and describes the issues and arguments from each side's perspective. In our Position Statements, we usually identify the parties, describe the facts, describe the damages, and list our arguments and positions. Sometimes, we add the positives and negatives of our case as well as the status of negotiations when appropriate. We also attach any pertinent documents the mediator should review.

The Place

On the date of mediation, the parties and their attorneys, if involved (mediation can be done without attorneys), go to the agreed upon location for the mediation. Usually, it is done at the mediators office, but sometimes, mediation is conducted at one of the party's offices or, even, at the courthouse.

Housekeeping and Opening Statements

Everyone gathers in the main conference room for the mediator to provide a description of the process and housekeeping issues such as bathrooms, coffee, lunch, etc. After this period, each side will give an opening statement which summarizes and presents their position to the other side. In recent years, this procedure is eliminated in some cases depending upon the mediators thoughts on the benefits of an opening statement after consultation with each side's attorney. In very significant cases, you might have power point presentations, Day-in-the-Life videos, and other presentations in order to drive the point home to the other side's decisionmakers.

The Caucuses

At the conclusion of the opening statements, if done, each side goes to their separate office, and the mediator begins in one of the offices with one of the parties - usually in the office of the party whose turn it is to respond to the most recent settlement offer. In these caucuses, the mediator will discuss with the party and attorney the strengths and weaknesses of the case. Once concluded, the mediator will ask for an offer of settlement, and he/she will take that offer to the other side and discuss the case with them. During that time, the other party is sitting and waiting. You should probably bring something to read because this part of the process may get a little boring. The mediator will return with an offer from the other side, and he/she will continue this back and forth process until either a settlement or impasse is reached.

If a settlement is reached, the mediator will draw up a settlement agreement for both parties to execute at the mediation and consummate the agreement. If an impasse is the result, the mediator may get the attorneys together privately to see what their thoughts are and see if any further movement is possible. If not, the mediation is done, and the parties go home and get ready for trial; however, the mediator may keep in contact with each side over the coming weeks in an attempt to continue to try to get the case resolved.

SOME TIDBITS TO KEEP IN MIND

Confidentiality

Mediation is totally confidential. Nothing said at mediation is admissible in court, and the mediator cannot be subpoenaed to court to testify. This facilitates candor at the mediation. Once the parties walk out of the mediation without a settlement, nothing said at the mediation can be used against them in the future. In addition, anyting a party says to the mediator during the caucus period cannot be repeated by the mediator without the express permission from the party or the party's attorney.

Voluntary/Involuntary

Mediation can be voluntary or involuntary. Obviously, a voluntary mediation is one where both parties consent to the mediation. However, sometimes a contract provides for mediation before litigation, and sometimes the court orders mediation. In the latter event, a court can also appoint the mediator.

Settlement Strategies

There are many methods to a side's approach to the negotiation process. The typical process involves the "tango", i.e.: back and forth and back and forth. Usually, in an injury case at least, the Plaintiff starts way too high, and the Defendant begins way too low. It is usually not good if you look at the other side's movement and play "tit-for-tat". On the other hand, you can sometimes figure out where one side or the other is going by looking at the midpoint of the two numbers. This is not really a good way to go about negotiating in my opinion, but it is a common practice. Another strategty is bracketing. This involves offering a range to the other side, i.e.: If you will move to $300,000, we will move to $500,000. This can narrow the range of negotiations.

Everyone Present

Mediation is more for the parties rather than the attorneys. Consequently, it is always better if the defendant and/or the insurance carrier representative is present at the mediation. The Plaintiff is always there because the Plaintiff has to make the decision. This is not always the case with the insurance company, and not having the representative present can frustrate the process.

Using Mediation as Discovery

Some parties use mediation as a discovery tool instead of attempting a settlement in good faith. This is a pet peeve of mine. Don't waste the mediator's or other party's time if you aren't going to negotiate and attempt to settle in good faith.

Lunch and Mediation Fees

Lunch is usually included at the mediation, and we will normally mediate through lunch. The mediator fees include the cost of lunch, and the fees are split by both parties. A lot of times, the cost of mediation is part of the last offer in negotiations, i.e.: we will accept your offer if you will pay our half of the mediator fees. This used to be very common, but in recent years, defendants have been less willing to agree to pay this cost.

Your Case - Your Control

Finally, mediation is a way for you to have control of the outcome of your case as opposed to leaving it in the hands of twelve people (jurors) who have never met you or your attorney and will only hear the case over the few days or weeks they are in court. You get to have your own input on whether or not your case gets resolved, and it is a process whereby you can end the stress and litigation at that moment - if the terms are reasonable. It is often said that a good settlement is where neither party leaves happy. However, if it is a settlement you can live with, it is usually better than trial.

I hope this helps explain the process a little bit. For more information, please call or e-mail our firm.

Originally posted at InjuryBoard by Jon Lewis

What Kind of Company is Bank of America?

Jon Lewis — Thu, 23 Feb 2012 18:30:36 GMT

A ridiculous one. Why do I say that? Well, we are representing several clients who have attempted to have their loans modified pursuant to the Home Affordable Modification Program (HAMP). In those cases, the clients have been told on numerous occasions to make three months of trial payments, and at the end of the trial period, they will be approved for a permanent modification. Of course, it is never three months. It is usually 8 or 9 months, and then, they are told that they didn't qualify for the permanent modification so they now owe the total amount they were originally in default AND the excess over the trial payment plan. In addition, Bank of America accelerates the debt and puts them in foreclosure.

This would be fine if they never even represented to the homeowner that they could modify their loan. They have a contract. The homeowner defaulted, and based on the contract, Bank of America is entitled to foreclose. I'm not even addressing the assignments of the mortgages and the securitization of the notes and mortgages which is a whole other issue. I'm writing this article as if the loan is simply between Bank of America and the client (typically not the case).

So, the clients come to our office, and we write Bank of America. Here is where the really ridiculous parts come in to play. I get calls from the representatives of Bank of America, and they will announce themselves as follows: "This is Stephanie from the Office of the CEO." The office of the CEO? So, I ask, "Is the CEO of Bank of America in your office?" What do you think the answer is? Hmmmmm. No, would be correct. So, I ask, "Why do you say you are in the Office of the CEO?" Answer, "that's what we are told to say." So, I ask, "if you were told to say you were in the office of the old Soviet Union, you would say that?" Answer, "Yes."

REALLY? That's what we are dealing with here. Now, Stephanie will say, "I'm calling to discuss your client, Mr. Smith's, loan. Okay, what do you want to discuss. She says, "Well, first, I need to verify some information - your client's address, loan number, and authorization for me to speak with you." NOW, let's get this straight. My client has come to my office and hired me to represent them. I have written a letter to Bank of America on my letterhead telling them that I represent the client and giving them the address and loan number. Bank of America is calling me based upon my letter, and YET, they are requiring me to verify this information. SERIOUSLY BANK OF AMERICA?

Finally, today I received a letter from Bank of America via Federal Express. Why would they spend thousands of dollars on Federal Express to send such a stupid letter which they could fax or e-mail? RIDICULOUS as I said to begin with.

Originally posted at InjuryBoard by Jon Lewis

Trial Lawyers Helping Reduce Health Care Costs

Jon Lewis — Fri, 06 Jan 2012 14:32:44 GMT

As we all do, we were looking over our 2011 financial picture last year. It is always surprising to me to look at some of the categories which we follow. One caught my eye in particular this year, and that is the amount of money we paid to medical providers and insurance carriers from our settlements/verdicts.

What do I mean? Well, when we resolve an injury case, the client typically has to repay some of that money to the health insurance company (BlueCross BlueShield for example), or they have to pay medical bills: ambulance, hospital, etc.

During 2011, we paid these providers and insurance companies: $398,558.20. Almost $400,000.00 was put back into the health care system by our law firm. Some of you may be having an "aha" moment. Others may still be scratching their heads. Let me try to explain why this is important.

Our tort system which has been in place for most, if not all, of the life of this country is essentially an economic shifting mechanism. We are attempting to place financial responsibility on the at-fault party. So, when another driver, company, or doctor causes injury to an individual, that driver, company, or doctor should be responsible for the damages caused, and usually, that driver, company or doctor has insurance to cover those damages: medical bills, property damage, lost wages, pain and suffering, etc.

If the injured individual has health insurance coverage, or other types of insurance, why should those companies bear the costs for these damages when the other person or company was at fault? This is why THEY have insurance. Even worse, if the injured individual does not have any insurance coverage, why should the hospitals, medical providers, and/or TAXPAYERS (Medicaid, Medicare, and Social Security) bear the costs as opposed to the person at fault?

Essentially, the tort system is about making the person responsible accountable for the damages they cause. And yet, this system is constantly under attack. By whom? Let's see: the U.S. Chamber, the medical industry, the insurance industry, etc. when, in actuality, tort reform makes no sense.

Think about this the next time you consider voting or the next time you are on a jury in a civil case. It merits consideration.

Originally posted at InjuryBoard by Jon Lewis

I've Been Sued - What do I do?

Jon Lewis — Thu, 05 Jan 2012 19:33:55 GMT

People who aren't regularly engaged in the legal system aren't familiar with the process. So, many times, we get called by someone who has been sued and doesn't know what to do.

So, what should you do if you receive a summons and complaint? First, READ IT!! The Summons tells you what you need to do and what deadlines you have.

Next, call your insurance agent or an attorney. As the old saying goes, "He who represents himself has a fool for a client." Under Alabama law, you are held to the same standards as a lawyer, so if you represent yourself, you better know the rules.

In Alabama, depending on where the lawsuit is pending, you typically have three deadlines to answer a case in a civil matter: 30 days in Circuit Court, 14 days in District Court, and 21 days in Federal Court. If an answer is not filed, the person suing can take a default judgment.

Now, in the car accident setting, you may be sued because your own insurance company wouldn't pay a fair amount to the injured person in the other car. Sometimes you can avoid this by putting pressure on your own insurance company to settle. If you are a good customer, they may listen.

Sometimes, your own insurance company puts you in this position. For example, we just filed suit against an individual for causing a wreck. I got a call from the insurance carrier's attorney telling me to re-file and try to serve the defendant/insured again because she didn't get it the first time. Why? The attorney can accept service for their REAL client, the insured person, NOT the insurance company. Instead, the insurance carrier and attorney are going to make me jump through unnecessary hoops and expense.

Bottom line, if you get sued, read what you receive, and call an attorney.

Originally posted at InjuryBoard by Jon Lewis

Holiday Travel - On the Road Again

Jon Lewis — Wed, 23 Nov 2011 16:39:01 GMT

Everytime I hear that phrase, I think of Willie Nelson's song, "On the Road Again."

"Just Can't wait to get on the Road again."

It seems like everyone is on the roads lately, especially with gas prices sinking.

"The Life I love is making music with my friends."

And, when we get on the road, it can get boring right?

"And I can't wait to get on the road again."

So, what can we do to make it less boring?

"On the road again"

We can talk to people in the car.

"Goin' places that I've never been."

We can watch movies.

"Seein' things that I may never see again"

We can sing songs.

"And I can't wait to get on the road again."

We can fiddle with the radio.

"On the road again -"

We can play with our IPADS.

"Like a band of gypsies we go down the highway"

We can discipline the kids.

"We're the best of friends."

We can play games.

"Insisting that the world keep turning our way"

We can adjust the air.

"And our way"

We can mess with the lighter.

"is on the road again."

We can adjust the vents.

"Just can't wait to get on the road again."

We can open and close the windows.

"The life I love is makin' music with my friends"

We can mess with the sunroof.

"And I can't wait to get on the road again."

We can read billboards.

"On the road again"

We can talk on the phone.

"Like a band of gypsies we go down the highway"

We can text.

"We're the best of friends"

"Insisting that the world keep turning our way"

we could simply DRIVE.

"And our way"

And

"is on the road again."

That's what we really should be doing.

"Just can't wait to get on the road again."

Driving and focusing on the road.

"The life I love is makin' music with my friends"

Respecting other people on the roads.

"And I can't wait to get on the road again."

Paying attention.

"And I can't wait to get on the road again."

Why?

So, we can continue living the lives we love and makin' music with our friends.

For more information on Distracted Driving, go to ENDDD.org and NODD.org. For an App on driving safely and what to do when an Accident happens, download our Iphone app here.

Originally posted at InjuryBoard by Jon Lewis

If you really want to OCCUPY WALL STREET

Jon Lewis — Mon, 21 Nov 2011 14:22:56 GMT

So much has been in the news lately about the Occupy Wall Street protestors. What is the point of Occupy Wall Street? Well, their website states that this is what they are about:

OccupyWallSt.org is the unofficial de facto online resource for the growing occupation movement happening on Wall Street and around the world. We're an affinity group committed to doing technical support work for resistance movements. We're not a subcommittee of the NYCGA nor affiliated with Adbusters, anonymous or any other organization.

Occupy Wall Street is a people-powered movement that began on September 17, 2011 in Liberty Square in Manhattan’s Financial District, and has spread to over 100 cities in the United States and actions in over 1,500 cities globally. #ows is fighting back against the corrosive power of major banks and multinational corporations over the democratic process, and the role of Wall Street in creating an economic collapse that has caused the greatest recession in generations. The movement is inspired by popular uprisings in Egypt and Tunisia, and aims to expose how the richest 1% of people are writing the rules of an unfair global economy that is foreclosing on our future.

The occupations around the world are being organized using a non-binding consensus based collective decision making tool known as a "people's assembly". To learn more about how to use this process to organize your local community to fight back against social injustice, please read this quick guide on group dynamics in people's assemblies.

Okay. But is there another way? Can the goals of this group be accomplished in a more productive and democratic manner? I would say that the answer is, "YES, YES IT CAN."

How? Well, we have a thing in this country called voting rights. It is kind of a fundamental right, and unfortunately, a majority of United States citizens do not exercise this right. In addition, we have a judicial system which used to provide the Constitutional right to trial by jury. Unfortunately, the lack of voting amongst those similar to the members of Occupy Wall Street has allowed the right to trial by jury to be eroded.

How can voting and the right to trial by jury help the Occupy Wall Street mission? Well, it can make those responsible for crises such as the financial meltdown accountable for their actions. For example, our legislators and FINRA have implemented an arbtration system whereby investors can only arbitrate claims, not have a jury of their peers rule on their case. This gives more power to the industry because the people deciding the case are industry members typically, and they rule in favor of the industry much more often than not. Why should these claims be taken out of the judicial system?

Another example? In Alabama, and in many other states, jurors are not told that the person or company at fault for an injury has insurance. Why not? Insurance companies are worried that jurors will dole out larger awards if they know an insurance company is involved.

Caps on damages limit the accountability of companies who benefit from the caps. If a company knows its limit of liability, what's its incentive to be responsible? It has none, and the people running the company have none.

In the mortgage crisis we are in, we argue all the time who is at fault, the homeowner who obtained the loan or the financial institution who approved the loan? Both are at fault. Many of these financial institutions knew the homeowner couldn't afford the loan, but they issued it anyway, and the homeowner should have known as well. But, the financial institutions are in a better position to assess this risk, so as our tort system intends, the financial responsibility could be shifted to the person (entity) in the best position to prevent the loss. In many cases, that is the financial institution.

I can go on and on and on about this, but I think you get the idea. Trial attorneys serve a good purpose in our society. They make people and companies accountable for their actions. Do they make money? Yes. Do they earn their money? Yes, in most cases. People like to poke fun at attorneys, but we are starting to see what life is like when "greed" takes over with little to no accountability.

So, next time you hear politicians clamoring for tort reform, think about what they are asking. Next time you go to the polls (if you even go), think about who you are voting into office. Next time you hear someone talking about juries gone wild, think about the reason. We have (had) systems in place in this country to check politicians and companies who run amuck, we can use them.

Protest in the streets if you want. But, if you really want to protest and make a difference, vote and serve time on a jury. These are the democractic ways to REALLY make change.

Originally posted at InjuryBoard by Jon Lewis

Penn State is not Alone - Unfortunately

Jon Lewis — Fri, 18 Nov 2011 15:13:44 GMT

Well, it has been a horrible few weeks in college football. Yes, Tulane, my alma mater, has another losing season, but I wasn't really thinking about that. The situation at Penn State

with the allegations of former coach, Sandusky's, sexual abuse of minors has gripped the nation for now. It is a horrible situation, and while Sandusky has denied the allegationswww.youtube.com/watch, it seems VERY clear that there was at least some inappropriate behavior (Sandusky even admitted to it).

Unfortunately, Penn State is not the only place where this occurs. It has only garnered such attention because of Paterno's high profile.

Where else are children sexual abused? How about everywhere? Last year, we resolved a case where a photographer took lewd photographs of 12-14 year old girls, sold them to a company in Miami, and that company put them on a website for pediphiles to subscribe and view the pictures. The two owners of the company and the photographer received approximately nine (9) year prison terms. The government seized over one million dollars ($1,000,000.00) from the company, and those funds were used for restitution to the victims.

These photographs were inappropriate, but not nude, thank heavens. However, this case shows the disgusting nature of some of the people who will go to unlimited lengths to make a buck.

So, what is the law on child pornography and sexual abuse of children? Here are two (2) Federal Statutes which govern this issue:

Chapter 110. Sexual Exploitation and Other Abuse of Children (Refs & Annos)

§ 2252A. Certain activities relating to material constituting or containing child pornography

§ 2255. Civil remedy for personal injuries

(a) In general.--Any person who, while a minor, was a victim of a violation of section 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.

(b) Statute of limitations.--Any action commenced under this section shall be barred unless the complaint is filed within six years after the right of action first accrues or in the case of a person under a legal disability, not later than three years after the disability.

There are many more governing laws. If you know anyone who is a victim of such abuse, call the athorities or call an attorney. Get help! It can mean the difference in preventing future horrible acts, and maybe, you can deter others from committing these types of crimes.

Originally posted at InjuryBoard by Jon Lewis

Are you on Twitter? Check out #TweetLaw

Jon Lewis — Mon, 14 Nov 2011 16:44:40 GMT

On Tuesday, November 15, 2011 at 12:00 p.m. CST, Jon E. Lewis and Richard S. Jaffe will begin a Twitter chat called #TweetLaw - (See number 505). The goal of the chat is to allow attorneys and interested individuals discuss current legal trends and other legal issues of interest. We hope that the Chat will be interesting, informative, and engaging.

How do you join? Go here (www.TweetChat.com), sign in with your Twitter account, and enter the appropriate hashtag in the space provided - #TweetLaw. Once you do that you can follow along witht he discussion. Note - warn your followers that they may start seeing more tweets.

Who are Jon and Richard?

Jon has been practicing law in the areas of personal injury and civil litigation in Alabama for almost twenty (20) years. He began with the predecessor firm to Wiggins, Childs, Quinn & Pantazis, LLC. He has represented hundreds of individuals and recovered millions of dollars in compensation for them. Jon has been recognized by his peers in the Birmingham Business Journal, the Birmingham Magazine, the B-Metro Magazine, and SuperLawyers. Additionally, Jon is AV rated by Martindale Hubbel and has the highest rating in AVVO. Jon is currently practicing in the firm of Lewis, Feldman & Lehane, LLC.

Richard has been practicing law in the area of criminal defense for thirty-five (35) years. Richard has represented clients accross the country, and some of his more notable cases include the representation of Eric Rudolph, Randal Padgett, Bo Cochran, and over sixty (60) capital cases, among others. Richard has been recognized by his peers as an AV rated lawyer in Martindale Hubbel and Superlawyers. He has also been presented with the prestigious Clarence Darrow award (1994) and the Roderick Beddow award among many other accomplishments and accolades.

In addition, Richard has written his first book to be published in February, 2012. It is entitled Quest for Justice. For more information, visit here.

Join us Tuesday, November 15, 2011 at 12:00 p.m. CST for our first Chat. We hope you will participate and enjoy and make this a Twitter event not to be missed.

Originally posted at InjuryBoard by Jon Lewis

Do you Text and Drive?

Jon Lewis — Thu, 27 Oct 2011 09:34:26 GMT

DID YOU KNOW?

Distracted driving is the number one cause of accidents. What is distracted driving? Well, there are three types according to the U.S. Department of Transportation:

1. Visual - eyes off the road
2. Manual - hands off wheel
3. Cognitive - mind off driving

TEXTING WHILE DRIVING INVOLVES ALL THREE TYPES OF DISTRACTIONS!!!

Consider this:

Wireless Devices (primarily cell phones) are the #1 Driver Distraction.
Texting while driving involves the highest degree of Driver Distraction.
Number of texts per person per day is expected to nearly triple from 53 (2009) to 152 (2013).

This is a horrible problem we are dealing with nationally. REPORTS say that 16% of deaths involved driver distraction in 2009 (5,474 deaths). Research suggests this statistic is MUCH higher.

For more information on Texting and Driving, visit:

End Distracted Driving
No Distracted Driving
The Sharon Education Foundation

Originally posted at InjuryBoard by Jon Lewis