The Insurance Company controls the Case.

When you buy car insurance, mandatory here in Missouri, your insurer takes over once you have an accident. That is good for you, because you don’t want to be bothered. On the other hand, it also puts you at risk. If your insurance company refuses to settle with the person you hurt, YOU are the one who gets sued, even though the insurance company is paying your legal bills and the judgment- within limits. Let’s say you bought the minimum coverage, $25,000.00. If a jury renders a verdict against you for $30,000.00, you are on the hook for the difference over your coverage! If the insurance company had an opportunity to settle your claim for your policy limits or less and didn’t, they may owe you money for their bad faith refusal to settle, and they will have to pay the entire verdict amount, even if it exceeds your coverage.

Jurors are never told that the insurance company is in control of the case, and the insurer decide whether the case settles or not. They only hear that the defendant did wrong- and that the victim is somehow at fault for suing.

If the Defendant was on the job, the Company has to pay the verdict against him.

If the defendant in a civil case was at work when he got into a wreck or hurt someone, he may get sued- again, that depends on the insurance company. But it is rare for that individual defendant to have to pay damages from a lawsuit. Employers, even municipalities, have to indemnify (pay the bills) when their employees harm someone while working.

Verdicts get reduced by the judge if someone else paid for their share of the damages.

In a situation where two defendants combine to cause damage, one of them will often do the right thing and pay for their responsible share, leaving the other to go to court. Jurors are told that one of the wrongdoers paid for their fault, but are often left to guess whether the injury victim has been fully compensated or not. When one defendant settles, the amount of the settlement is subtracted from the jury verdict by the judge. This keeps the victim from getting a double recovery. Unfortunately, Jurors often try to subtract a settlement from a verdict as well, resulting in a double subtraction.

Some important evidence is never heard.

Lawyers and courts are governed by rules, and these rules sometimes hold important information out of the jurors’ consideration. Whether someone has insurance, payment of medical bills and even certain expert opinions never come out in court.

Our system is not a perfect one, but as the old saying goes, it is way better than the next best one.

Questions or Comments? Visit http://farrislaw.net, or call The S.E. Farris Law Firm, without cost or obligation at 314.A.LAWYER (314.252.9937) or toll free at 866.955.LAWS (5297)

To be fair, not all insurance companies treat victims unfairly. Check out the Ten Worst Insurance Companies, as rated by The American Association for Justice (AAJ). The AAJ went through FBI, SEC and state insurance department records in compiling their list.

Insurance Companies

1. Allstate

2. Unum

3. AIG

4. State Farm

5. Conseco

6. WellPoint

7. Farmers

8. UnitedHealth

9. Torchmark

10. Liberty Mutual

My personal experience would add a couple of others to the list, mainly because Conseco, UNUM and Torchmark don’t write much insurance business in Missouri. If you get hurt in an accident and see these guys on the other side, Call a Lawyer! Other indications that you need an attorney can be found here.

Questions or Comments? Visit http://farrislaw.net, or call The S.E. Farris Law Firm, without cost or obligation at 314.A.LAWYER (314.252.9937) or toll free at 866.955.LAWS (5297)

These cases are difficult, however, and an experienced lawyer is an absolute necessity.  The roadways are controlled by state entities and those state entities have “sovereign immunity” for injuries occurring on their roadways.  This immunity will limit the amount you can recover, or keep an injury victim from recovering at all.    

The law in Missouri is complex.  Even if a dangerous condition is established, the state may still have a defense.   The key to these cases is to hire an attorney as early as possible so that evidence can be secured.

If you or a loved one was injured by a defective road condition, or if you just have questions about this blog, contact Spencer E. Farris and The S.E. Farris Law Firm for a Free consultation. You may reach us at 314-A-LAWYER (314.252.9937) or by clicking here. We are Missouri injury lawyers and we fight for our clients!

In an unusual move towards openness, the North Carolina Medical Board recently decided that doctors should be required to tell their patients of their practice history.  North Carolina has been criticized over the past few years for failing to protect its residents from habitually negligent doctors.  The Board now requires its 35,000 physicians practicing  or licensed to practice medicine in North Carolina to submit medical malpractice claims as well as criminal activity for publication.  Consumers can go to www.ncmedboard.org and view malpractice payments, misdemeanor and felony convictions, hospital suspensions and even discipline by medical boards in other states.  While a national database of malpractice payments has long existed, the public in general has not had access to the information stored there.

This new website is an extremely helpful tool for patients looking for a new doctor and also for those waiting to check the repot card, in a sense, of his/her current doctor.  Careless doctors, at least in North Carolina, now have to take responsibility for their actions. 

As St. Louis medical malpractice and injury lawyers, we believe that each state should have a law similar to this. You can learn more about our firm at http://farrislaw.net. You can also contact The S.E. Farris Law Firm for a Free consultation. You may reach us at 314-A-LAWYER (314.252.9937) or by clicking here.

Annually, during the two months surrounding the holiday season, more than 14,000 people are treated in hospital emergency rooms due to injuries related to holiday decorating. In addition, Christmas trees are involved in hundreds of fires annually resulting in an average of 15 deaths and $13 million in property damage. Candle-related fires lead the list of hazards averaging more than 12,000 a year, resulting in 150 deaths and $393 million in property damage.

“Holiday decorating-related fires and injuries most often involve defective holiday lights, unattended candles and dried-out Christmas trees,” said CPSC Chairman Inez Tenenbaum. “We are providing this list of 10 simple safety steps to help keep your holiday home safe.”

Use the following ten safety tips when decorating this year:

Trees and Decorations

• When purchasing an artificial tree, look for the label “Fire Resistant.” Although this label does not mean the tree won’t catch fire, it does indicate the tree is more resistant to catching fire.
• When purchasing a live tree, check for freshness. A fresh tree is green, needles are hard to pull from branches and do not break when bent between your fingers. The bottom of a fresh tree is sticky with resin, and when tapped on the ground, the tree should not lose many needles.
• When setting up a tree at home, place it away from heat sources such as fireplaces, vents, and radiators. Because heated rooms dry out live trees rapidly, monitor water levels and keep the reservoir stand filled with water. Place the tree out of the way of traffic, and do not block doorways
• In homes with small children, take special care to avoid sharp, weighted or breakable decorations, keep trimmings with small removable parts out of the reach of children who could swallow or inhale small pieces, and avoid trimmings that resemble candy or food that may tempt a child to eat them.

Lights

• Indoors or outside, only use lights that have been tested for safety by a nationally-recognized testing laboratory, such as UL or ETL/ITSNA.
• Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Throw out damaged sets. Electric lights should never be placed on a metallic tree.
• If using an extension cord, make sure it is rated for the intended use and not frayed or broken.
• When using lights outdoors, check labels to be sure the lights have been certified for outdoor use and only plug them into a ground-fault circuit interrupter (GFCI) protected receptacle or a portable GFCI.

Candles

• Keep burning candles within sight. Extinguish all candles before you go to bed, leave the room or leave the house.
• Keep lighted candles away from items that can catch fire and burn easily, such as trees, decorations, curtains and furniture.

The cribs’ drop-side plastic hardware can break, deform, or parts can become missing. In addition, the drop-side can be installed upside-down, which can result in broken or disengaged plastic parts. All of these problems can cause the drop-side to detach in one or more corners. When the drop-side detaches, it creates space between the drop-side and the crib mattress. The bodies of infants and toddlers can become entrapped in the space which can lead to suffocation. Complete detachment of drop-sides can lead to falls from the crib.

CPSC urged parents and caregivers to immediately stop using the recalled cribs, wait for the free repair kit, and do not attempt to fix the cribs without the kit. They should find an alternative, safe sleeping environment for their baby. Consumers should contact Stork Craft to receive a free repair kit that converts the drop-side on these cribs to a fixed side.

CPSC, Health Canada, and Stork Craft are aware of 110 incidents of drop-side detachment; 67 incidents occurred in the United States and 43 in Canada. The incidents include 15 entrapments; 12 in the U.S. and three in Canada. Four of the entrapments resulted in suffocation. Fall injuries ranged from concussion to bumps and bruises. The cribs involved in these incidents had plastic drop-side hardware that had broken, missing, or deformed claws, connectors, tracks, or flexible tab stops; loose or missing metal spring clips; stripped screws; and/or drop-sides installed upside-down.

The recall includes Stork Craft cribs with manufacturing and distribution dates between January 1993 and October 2009. The recall also includes Stork Craft cribs with the Fisher-Price logo that have manufacturing dates between October 1997 and December 2004. The Stork Craft cribs with the Fisher-Price logo were first sold in the U.S. in July 1998 and in Canada in September 1998. The cribs were sold in various styles and finishes. The manufacture date, model number, crib name, country of origin, and the firm’s name, address, and contact information are located on the assembly instruction sheet attached to the mattress support board. The firm’s insignia “storkcraft baby” or “storkling” is inscribed on the drop-side teething rail of some cribs. In Stork Craft cribs that contain the “Fisher-Price” logo, this logo can be found on the crib’s teething rail, in the manufacturer’s instructions, on the assembly instruction sheet attached to the mattress support board, and on the end panels of the Twinkle-Twinkle and Crystal crib models.

Major retailers in the United States and Canada sold the recalled cribs including BJ’s Wholesale Club, J.C. Penney, Kmart, Meijer, Sears, USA Baby, and Wal-Mart stores and online at Amazon.com, Babiesrus.com, Costco.com, Target.com, and Walmart.com from January 1993 through October 2009 for between $100 and $400.

The cribs were manufactured in Canada, China and Indonesia.

If you or a loved one has a child who was injured by a defective crib, or if you just have questions about this recall, contact The S.E. Farris Law Firm for a Free consultation. You may reach us at 314-A-LAWYER (314.252.9937) or by clicking here.

WASHINGTON, D.C. - Soon the ghouls and goblins of Halloween night will prowl neighborhood streets in search of treats. The U.S. Consumer Product Safety Commission (CPSC) wants to ensure that candle flames from jack-o-lanterns, decorative obstacles on the porch or lawn, and sharp edges on costumes and accessories don’t keep kids from enjoying this annual tradition of trick-or-treating.

Incidents involving burns from flammable costumes and lacerations related to pumpkin carving lead the list of Halloween-related injuries.

“Using inherently flame-resistant fabrics in home-made costumes and using battery-operated candles when decorating the house for Halloween can help keep children safe,” said CPSC Chairman Inez Tenenbaum.

Make this year’s holiday a safe one by following a few simple safety tips:

Costumes
When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label “Flame Resistant.” Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.

• Purchase or make costumes that are light, bright and clearly visible to motorists.

• For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car’s headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.

• Children should carry flashlights to see and be seen.

• Costumes should fit well and not drag on the ground to guard against trips and falls.

• Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.

• Tie hats and scarves securely to prevent them from slipping over children’s eyes and obstructing their vision.

• If your child wears a mask, make sure it fits securely, provides adequate ventilation, and has eye holes large enough to allow full vision.

• Swords, knives and similar costume accessories should be made of soft, flexible material.

Treats
Warn children not to eat any treats before an adult has examined them carefully for evidence of tampering. Carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations
Keep candles and jack-o’-lanterns away from landings and doorsteps where costumes could brush against the flame.

• Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.

• Indoors, keep candles and jack-o’-lanterns away from curtains, decorations and other items that could ignite. Do not leave burning candles unattended.

• Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires, or loose connections. Discard damaged sets.

• Don’t overload extension cords!

“Tort reformers neglect the fact that malpractice reform won’t save one extra life. To make that difference, insurers, doctors and their lobbyists like the AMA need to find ways to improve patient safety. So for those who push tort reform as a panacea for a sick healthcare system, working to prevent injuries is a much more noble pursuit than writing up baseless arguments for the back pages of a newspaper. ”

Dr. Parikh is a columnist and more importantly, practicing M.D., hits the nail on the head- the notion of a flood of frivolous lawsuits is mythical. Doctors usually require research to be convinced of a point, but when the insurance companies and Chamberpot of Commerce screams ” too many lawsuits,” they are quick to pound the drum as well. Kudos to brave doctors like Parikh who actually look to facts, instead of practicing voodoo.

When it comes to calling a hypocrite a hypocrite, few do it better than Jim Hightower. Seems the “watchdog” group Citizens Against Lawsuit Abuse (CALA) are asleep at the switch. Or more likely, out kicking puppies.

Hansen Beverage, maker of Monster energy drinks, is suing a tiny Vermont brewer for its Vermonster beer brand. Evidently, we consumers are too stupid to realize that Vermonster Beer is not an energy drink!

But more importantly, why is Philip Morris funded Citizens Against Lawsuit Abuse not incensed? Outraged? Nope. Nothing.

Consumer outrage did bring Hansen’s suit to a screeching halt. In fact, Rock Art Brewery is asking folks to stop bugging Hansen. CALA is way ahead of the curve- they never started! It is only lawsuit abuse when a BIG company is sued, after all.

According to Tracy, ”The court sent a clear message that you cannot trust a fox like Toyota to guard the henhouse. “

Toyota’s ex-litigator, Dimitrios Biller, turned over the boxes in question to Judge Ward in a Racketeer Influence and Corrupt Organizations (RICO) case filed by Tracy. Tracy is attempting to reopen 17 Toyota accident cases in the wake of Biller’s allegations that the Japanese automaker destroyed and hid evidence from hundreds of accident victims in court.

Judge Ward ordered that the remaining documents are to be independently copied, numbered and coded with a security mark. The digital images of the documents will be stored on a secure computer database accessed by a tracking log and restricted to inspection by Toyota’s in-house counsel and its counsel of record. The judge prohibited Toyota’s legal team from bringing any type of copying device, camera, PDA, or recording device to inspect the documents.

Tracy says Toyota cranked out disinformation about his motions to protect the documents. Toyota in a statement on its corporate website claimed that, “. . .Mr. Tracy was satisfied with the procedures Toyota already had in place to maintain documents relevant to the case.” In fact, Tracy was alarmed that Toyota might try to copy Biller’s documents in order to replace ones that had been destroyed. “I didn’t want to let the fox back into the henhouse to clean-up the feathers.”

Toyota’s response to Tracy’s RICO suit engages in character assassination against Biller in order to cover-up the real issue in this case, according to Tracy. “Toyota’s attack mode mentality just shows this fox has fangs for its critic. I don’t know who writes this fiction inside Toyota’s PR Department, but it’s filled with so many side-steps that Toyota’s CEO should be a contestant on Dancing with the Stars.”

The case, Lopez et al vs. Toyota Motor Corporation, Toyota Motor Sales, U.S.A., Inc., Christopher Reynolds, Jane Howard Martin, Eric Taira, and Dian Ogilvie, is currently pending in The U.S. District Court For The Eastern District Of Texas Marshall Division; Civil Action No. 2:09-cv-292. I wonder if this will make the list of “frivolous” lawsuits touted by insurers and manufacturers. Probably not!