marvinrinco: 2013

Tuesday 19 November 2013

Out-of-control car hits guardrail; passenger ejected

The driver lost control of her vehicle and struck a guardrail at significant speed, ejecting the plaintiff passenger. He was admitted to the hospital and diagnosed with a concussion, periorbital hematoma, pulmonary contusion and numerous lacerations. The plaintiff, the owner of a small technology company with about 30 employees, was discharged after two days and ...

Source: http://masslawyersweekly.com/2013/11/14/out-of-control-car-hits-guardrail-passenger-ejected/

Workers Compensation Wrongful Death Accident Lawyer Amputation Injury Asbestos Lawyer Back Injuries

Blawg Review 325.7 (RIP: Ed.)

The late, anonymous Editor of Blawg Review, kinda, sorta photographed by me in 2009.

If you didn’t know Ed., please bear with me. He made me a better blogger, and a better lawyer. He died of esophageal cancer last week, as announced by his son on Twitter.

Newcomers might not remember Blawg Review, the weekly round-up of law blog posts that he started in 2005 that rotated around and around from blog to blog. The Blawg Review website that he managed and edited held down the anchor with all of the links. The roster of those who hosted Blawg Review looks like a Who’s Who of the legal blogosphere. I was honored that he asked me to host three out of the 324 prior editions before it came to an end last year.

As I noted back in 2009 — a lifetime ago in pixellated years:

Without Ed., there would be no Blawg Review. And if someone else were doing the organizing, you just know it wouldn’t be nearly as good.

Ed. wished to remain anonymous, even as he traveled the country and met with scads of bloggers. To my knowledge, not a single one of us knew his real name. As Scott Greenfield noted, he was always just Ed., the editor of Blawg Review. I had the pleasure of meeting him several times as he passed through New York.

Ed. didn’t want to be known by name. He didn’t want it to be about him. It was about the Blawg Review project. He was the living, breathing embodiment of how to conduct yourself online under cover of anonymity — the exact same way you would if you were face to face.

According to his son:

There was nothing my father enjoyed more than debating the philosophies, merits, and impacts of laws around the world – sharing opinions and celebrating the discourse you helped create here at Blawg Review.

So why did he make me a better blogger and lawyer? It all goes back to The Mummers Veil that he wrote on January 1, 2007. This wasn’t just any old round-up of posts that constituted a Blawg Review that he wrote, but rather, a delightful flight of fancy as he imagined himself traveling the world visiting law bloggers. This was the literary device he used:

Ed. as he appeared to the world in his Twitter profile.

In this Blawg Review #89, your dutiful editor appears as the lone mummer, visiting the sites of legal webloggers far and near in the blogosphere between Boxing Day and New Year’s Day 2007.

Now literary devices and lawyering don’t usually go hand in hand — lawyers are boring and write dryly and stuff their pages with case citations and numbers that correspond to book volumes. Some lawyers seem hell bent on putting judges and law clerks to sleep.

But look what was possible in the blawgosphere! There was Ed., not just enjoying the writing that he found at the end, but enjoying the journey to find it. The possibilities of communication were without limit — even for us boring lawyers — and by organizing this weekly round-up of legal writing that he orchestrated, I could explore not just what others were saying, but how they were saying it.

And with that I engaged in my own flights of fancy when he asked me to host Blawg Review, wrestling with how to enjoy the journey through the blawgosphere while at the same time presenting its stories. It inspired me to run the 2007 NYC Marathon with law bloggers in tow, fantasizing that they were running the streets of New York with me while discussing what was going on in their sector of the legal woods. It was marathon length and it was great fun, and the journey was inspired by Ed.’s mummer traveling about.

The same was true when I went trick or treating in 2008 with the Bogeyman in tow. This time we tricked and treated at the homes of law bloggers, each telling us their particular stories. Again, it was Ed. and his turn as a mummer whispering to me at the keyboard while I typed.

The third and final flight of fancy that I engaged in had Arlo Guthrie and numerous law bloggers visit me for turkey and a Thanksgiving dinner that couldn’t be beat. Ed. was with me all the way.

I received a few accolades for those pieces, but in truth, it was Ed.’s traveling mummer that was the inspiration.

So how did he make me a better blogger and lawyer? By reminding me that it’s all about telling stories and journeys from place to place. Every article we write or client we have has a story in the background. It is not the facts and figures that capture the imagination and compel people to listen — though they are critical to proving a point — it’s the stories.

You can tell them from the start, tell them from the end, or tell it from the middle, just figure out a way to tell it. That is true whether you are blogging or lawyering. As Mark Twain once wrote:

“Narrative is a difficult art; narrative should flow as flows the brook down through the hills and the leafy woodlands, its course changed by every bowlder it comes across and by every grass-clad gravelly spur that projects into its path; its surface broken, but its course not stayed by rocks and gravel on the bottom in the shoal places; a brook that never goes straight for a minute, but goes, and goes briskly, sometimes ungrammatically, and sometimes fetching a horseshoe three-quarters of a mile around, and at the end of the circuit flowing within a yard of the path it traversed an hour before; but always going, and always following at least one law, always loyal to that law, the law of narrative, which has no law. Nothing to do but make the trip; the how of it is not important, so that the trip is made.”

Photo via Robert Ambrogi

How many others did Ed. influence? Hard to say, but as you read the obituaries online from last week and today — starting with an intro at the Blawg Review site by Colin Samuels — you can see that the answer is many.

But not just any many, for those that he influenced may have, in turn influenced others. Because they are bloggers and they have readers. And it works like a giant chain — just as the bees influence the flowers, and the flowers influence the lovers and the lovers have babies and pretty soon we’re all talking in high squeaky voices and saying, coochie, coochie, coo. Because of the bees.

I think Ed. would have liked that; it was like a little story.

My condolences to his family. I don’t know how much they knew or appreciated how he influenced others, but from where I sit at my keyboard here in New York, it was plenty. He left a legacy despite being anonymous. That’s one hell of an achievement.

Some of you are regular readers and started today at this blog, and you may wonder about the title, Blawg Review 325.7. That .7 exists because this is part of a big web ring, and you are currently in the middle.

Some of you arrived here from Popehat (Blawg Review 325.6), a blog based in San Diego. In honor of Ed., please fly back to the west coast and visit with George Wallace in Pasadena, CA, (Blawg Review 325.8) for his thoughts on Ed.s’ passing.

And then, dear reader, please complete the circle visiting other bloggers, as Ed. did with his mummer.

And we can all wonder if our own obituaries will be half as fine.

Source: http://feedproxy.google.com/~r/NewYorkPersonalInjuryLawBlog/~3/xpsAVZRFRLk/blawg-review-325-7-rip-ed.html

Boat Accidents Brain Injuries Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs

What to Do If You Are Charged With a DUI Offense

If you have been charged with a criminal offense, it is vital that you hire a reputable and experienced criminal attorney. They will represent you in court and defend your case, protecting your rights and ensuring that you are correctly and properly represented during the duration of the case.

Source: http://EzineArticles.com/8035950

Toxic Tort Attorney Work Injury Lawyer Workers Compensation Wrongful Death Accident Lawyer Amputation Injury

Needlestick Injuries Leading To Accident at Work Compensation Cases

Needlestick injuries occur in a huge range of different sectors, including the construction, maintenance and demolition industries, as well as in more obvious workplaces such as healthcare facilities or in the probation and prison services. While needlesticks do not always lead to serious injuries, personal injury solicitors have represented clients in accident at work claims following instances when a needlestick has exposed workers to HIV, Hepatitis B and C, or other blood-borne viruses.

Source: http://EzineArticles.com/8053925

Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer

Top 10 2012 FDA Consumer Health Update Topics

Ever wonder what gets the most traffic over at the FDA website? According to an update at the Brandon Patch, more than 7.3 million people visited the Food and Drug Administration online last year to check out the consumer updates section of the website (fda.gov). What were they looking for? The following were the ten most popular topics readers sought out at the FDA. Many, as you'll see, were topics covered at LawyersandSettlements.com as well.

Source: http://www.lawyersandsettlements.com/blog/top-10-2012-fda-consumer-health-update-topics-011361.html

Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer

Memorial Day — I Fought For You

This video seems appropriate for Memorial Day. Warning: It might bring a tear to your eye.

I Fought For You

Sermonspice.com

See Details Buy Now

Source: http://www.pissd.com/2011/05/memorial-day-%e2%80%94-i-fought-for-you/

Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer Workers Compensation Wrongful Death Accident Lawyer

Monday 18 November 2013

Ideas for Preventing Accidents At Work

Everyone has a right to work in a comfortable and safe working environment. It is the duty of the employer to avoid any health and safety hazards at the work premises. An accident at work, regardless of its cause and type, is serious. It shows the employer's effort and interest in making his premises risk-free and safe for the workers.

Source: http://EzineArticles.com/8050705

Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse Fatal Accidents

Asbestosis Lawyers: Tasked By Time, Type And Future Condition

An article that outlines the difficulty in tracing original employers concerning the development of asbestosis/ mesothelioma in former staff. The delayed onset of symptoms in those affected is problematic, as by this time employers have often often dissolved and cease to trade. The article discussed how sufferers could either pursue a lump sum compensation or settle their claim with 'damages'.

Source: http://EzineArticles.com/8003749

Elder Abuse Fatal Accidents Head Injuries Medical Malpractice Mesothelioma Nursing Home Abuse

What to Do If You Are Charged With a DUI Offense

Source: http://EzineArticles.com/8035950

Fatal Accidents Head Injuries Medical Malpractice Mesothelioma Nursing Home Abuse Personal Injury Lawyer

Hospital Liens in Texas

You've just been injured in an accident and treated in a hospital emergency room. Now the hospital is owed money for their treatment of your injuries. Assuming you have no health insurance, the hospital will probably file a hospital lien.

Source: http://EzineArticles.com/8005306

Amputation Injury Asbestos Lawyer Back Injuries Bicycle Accident Birth Injury Boat Accidents

Would You Kill this Dog? Rallying for the ‘Defense’ after a Dog Bite Injury

A death sentence for a 7-year old Sheltie is causing a stir in upstate New York—so much so that there's a Facebook page dedicated to getting a stay of execution for the pup. What's interesting in this case, too, is that normally we hear of dog bite injury lawyers representing the dog bite victim; this time, the attorney is representing the dog owner.

Source: http://www.lawyersandsettlements.com/blog/would-you-kill-this-dog-rallying-for-the-defense-after-a-dog-bite-injury-011695.html

Catastrophic Injuries Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack Elder Abuse

Traumatic Brain Injuries, Part 6: Interacting with Brain Injured Clients and Caregivers

In part 6 of the Traumatic Brain Injury series, California brain injury attorney Eric Ratinoff discusses some guidelines for interacting with brain injured clients and caregivers, especially if the injured client develops maladaptive behavior.

Source: http://feedproxy.google.com/~r/TheKCRLegalPersonalInjuryPodcast/~3/RWA-YIYuci4/11_1-12_EJRBrainInjuryPodcast-part6.mp3

Nursing Home Abuse Personal Injury Lawyer Product Liability Serious Injury Sexual Harassment Slip and Fall Accident

3 Situations That Call for a Personal Injury Lawyer

If you have never hired a personal injury lawyer, you might assume you will never need to. But you might be surprised by how many situations call for an attorney.

Source: http://EzineArticles.com/8075863

Brain Injuries Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs Defective Product

8 Important Things To Do Following An Avoidable Injury

Unfortunately, accidents happen every day that could have been avoided. Some accidents happen due to negligence or outright recklessness. If you ever find yourself in the wrong place at the wrong time and are hurt because of one of these accidents, you need to know exactly what to do to benefit yourself in the event that you must take legal action later.

Source: http://EzineArticles.com/8008407

Asbestos Lawyer Back Injuries Bicycle Accident Birth Injury Boat Accidents Brain Injuries

Helping the Brain Injured Auto Accident Victim Deal With the Skeptical Insurance Company

This article discusses the challenges of the brain injured victim in getting adequate insurance compensation after a car accident where the CT scan and/MRI are negative. The typical problem arises when the accident victim, although showing signs of concussion, is released from the hospital to the care of their primary physician. The insurance company will take this as a sign of minor injury, despite the fact that the client suffers from traumatic brain injury.

Source: http://EzineArticles.com/8007682

Workers Compensation Wrongful Death Accident Lawyer Amputation Injury Asbestos Lawyer Back Injuries

Asbestos & Mesothelioma Litigation Part 8: Asbestos Bodily Injury Bankruptcy Trusts

In part 8 of our 8-part Asbestos Litigation series, Asbestos & Mesothelioma attorney Doug Rothschild explains the purpose of Asbestos bodily injury bankruptcy trusts, and how they protect the rights of those injured by asbestos from companies who have since declared bankruptcy.

Source: http://feedproxy.google.com/~r/TheKCRLegalPersonalInjuryPodcast/~3/RiqQ3UByWes/11_4-20_DARAsbestosPodcast-part8.mp3

Dog Bites / Dog Attack Elder Abuse Fatal Accidents Head Injuries Medical Malpractice Mesothelioma

1 in 6 Drivers in Dallas County is Uninsured

“Nearly 1 of every 6 motorists in Dallas County is uninsured, making its roadways among the riskiest in Texas.”

That was the opening sentence in a recent article in the Dallas Morning News. That statistic is a little better than the way things were when I started practicing law 42 years ago, but not by much. The solution to the problem of uninsured drivers is elusive, and perhaps nonexistent. One thing that would help would be if it were illegal to sell monthly insurance policies. Too many people buy a month’s worth of insurance when they need to get their car inspected, and then never pay for the second month. Perhaps selling insurance only on an annual basis would cut back on that part of the problem.

Here are excerpts from the newspaper article:

In all, the county has about 290,000 uncovered motorists. And that number is up slightly from a year ago, according to the Department of Insurance.

Despite initial success in a state program to slash the number of uninsured drivers, more than 2.5 million Texans lack coverage — about 14.3 percent of all drivers. Dallas County, at 16 percent, has a greater share than any other urban area.

Still, the uninsured numbers are down significantly from a few years back when more than 1 in 5 drivers didn’t have coverage. Some people give much of the credit to the TexasSure vehicle insurance program launched four years ago.

Keeping tabs

Funded with an annual $1 fee that all Texans pay when renewing their vehicle registration, the program seeks to boost compliance with the state’s mandatory insurance law.

“When we started the program, there was no firm statistic on the number of uninsured drivers. The best estimate was around 20 percent. But fast-forward to 2013 and the percentage is down to 14 percent,” said Jerry Hagins, an insurance department spokesman.

Besides the TexasSure program, officials also credit several cities for helping reduce the number of uninsured drivers. That includes Dallas, which has an ordinance requiring the towing of uninsured vehicles stopped by police or involved in accidents.

Hagins said the Insurance Department has been sending out 25,000 notices a week to drivers found to have a car registered without an insurance policy on file. Nearly 3.4 million notices have been sent since the fall of 2009.

Drivers are asked to verify coverage by mail, email or telephone. They are warned they face fines and loss of license if they don’t comply with the law.

TexasSure relies on a massive database containing the names of all insured drivers and their insurance companies matched to their license plate numbers and VINs.

When a driver is involved in an accident or stopped for an infraction, a law officer can enter the license plate number or VIN into the TexasSure system to verify coverage.

The data also is available to county tax assessor-collectors. They can use it to confirm whether a driver has insurance before issuing a registration sticker.

The insurance industry, which was skeptical of the program before it began, now is a strong supporter.

“Once all of the state agencies involved put the system in place, it has been instrumental in bringing down the large number of uninsured drivers,” said Mark Hanna of the Insurance Council of Texas, an industry group. “That makes for a safer Texas.”

Insurers say the only way for covered drivers to protect themselves — outside of driving defensively — is to carry uninsured motorist coverage in their policies.

Texas drivers now pay an estimated $1 billion a year to protect themselves from those who have no coverage.

Source: http://www.pissd.com/2013/10/1-in-6-drivers-in-dallas-county-is-uninsured/

Product Liability Serious Injury Sexual Harassment Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney

Under 18 Energy Drink Ban Gets AMA Support

Breaking News: Under 18 Energy Drink Ban Gets AMA Support

Source: http://www.lawyersandsettlements.com/blog/under-18-energy-drink-ban-gets-ama-support-011839.html

Dog Bites / Dog Attack Elder Abuse Fatal Accidents Head Injuries Medical Malpractice Mesothelioma

Should Young Drivers Face Night-Time Driving Curfews?

With a new government Green Paper looking into ways to improve road safety among young drivers and reduce the number of road traffic accident claims, some organisations have called for a night time curfew for inexperienced road users. The Association of British Insurers, for instance, has said that if learning periods had to be a minimum of one year, and if young drivers faced restrictions on the number of young passengers they could carry, a zero-blood alcohol limit and night-time driving restrictions (with some exemptions), young people's insurance premiums could be reduced by between 15% and 20%. However, while personal injury solicitors agree that making the roads safe for other road users is an important goal, curfews are a controversial approach, and better training standards, improved education and a higher number of road safety messages could be a more effective approach

Source: http://EzineArticles.com/8095266

Head Injuries Medical Malpractice Mesothelioma Nursing Home Abuse Personal Injury Lawyer Product Liability

Worst Toy List: Inflatable Bongo Ball A Potentially Bumpy Ride

A huge inflatable ball that you can climb into by any other name—e.g., Bongo Ball, Giga Ball, GBOP Ball, Human Hamster Ball—whatever—is still a huge inflatable ball that you can crawl into and roll around in. Some even let you bounce around in them, bumping into things (and other people) as you play.

Source: http://www.lawyersandsettlements.com/blog/worst-toy-list-inflatable-bongo-ball-a-potentially-bumpy-ride-011003.html

Bicycle Accident Birth Injury Boat Accidents Brain Injuries Burn Injuries Catastrophic Injuries

How to Get Money If You Are Hurt in a Car Accident

Being in an accident is never an easy thing to deal with, there are a number of different aspects that should be taken into consideration before you even begin the process of trying to get money for your car accident. You need to know the methods upon which you are able to go and get the money that you are entitled to. The best way of course is through an injury lawyer, we will discuss that in greater detail later. There are other methods that can be used to help and ensure that you are getting the money that you are entitled to in the end.

Source: http://EzineArticles.com/8027737

Slip and Fall Accident Spinal Cord Injury Toxic Tort Attorney Work Injury Lawyer Workers Compensation Wrongful Death

How To Choose The Best Doctor For Your Care

It can be wearisome trying to find a doctor that can appropriately take care of you that you feel comfortable with. It is very important that you find someone that you can trust to take care of you and give you the best possible care. Selecting the wrong doctor can mean avoiding situations that lead to more health problems later on in the future. Take time and consider the following when selecting a doctor.

Source: http://EzineArticles.com/8008414

Bicycle Accident Birth Injury Boat Accidents Brain Injuries Burn Injuries Catastrophic Injuries

All That One Must Know About Motor Accident Compensation

Usually, motorcycles are more prone to road traffic accidents as compares to cars. Many people think that the motorcyclists are reckless and ignore precautionary measures, before they ride their motorcycles and take them to the road.

Source: http://EzineArticles.com/8006403

Burn Injuries Catastrophic Injuries Construction Accidents Defective Drugs Defective Product Dog Bites / Dog Attack

Your Heart Says It Was A Wrongful Death, But What Will The Court Say?

The anguish of losing a beloved family member in a tragic accident can send survivors into a spiral of grief and rage. They often demand justice because their hearts are broken and they want revenge against the responsible party. While the responsible party should be held accountable for their actions, seeking justice can be a lengthy legal process.

Source: http://EzineArticles.com/8116218

Fatal Accidents Head Injuries Medical Malpractice Mesothelioma Nursing Home Abuse Personal Injury Lawyer

Memorial Day

As you go to your picnics and family gatherings today please remember the reason for this holiday — to pay our respects to those who have sacrificed to preserve our freedom.

PBS has a wonderful Memorial Day site where you can post and read comments about service members from any of our nation’s wars. Take a look, and leave a note if you can.

main-title

Source: http://www.pissd.com/2012/05/memorial-day/