A few years ago I tried an auto accident case. The defendant driver was 94 years old. By the time of the trial, she was in a nursing home. I never did take her deposition before trial because it was represented to me that she was too ill. Since the accident facts were pretty straightforward (she ran a stop sign), my inability to take her deposition before trial did not concern me.
When the trial started, defense counsel indicated that his client, the elderly driver, would testify at trial. I offered to enter into a stipulation with the lawyer that there was no need to have her testify.
The insurance company refused, apparently thinking that, by putting her on the witness stand, it would create sympathy for the elderly driver.
So the defense attorney put her on the stand. It was a disaster. She was confused, couldn't hear very well, and the questioning didn't serve any real purpose. Despite the disjointed testimony, she did say that she didn't think she saw any cars coming when she entered the intersection.
When it came time for cross examination, the judge asked me if I had any questions. I stood up and said three words: "No, your Honor." She had done no damage to our case, and the last thing I wanted to do was to ask a single question that appeared to be "beating up" an elderly, confused driver. In my judgment, the jury understood what was going on. And as it turned out, the jury "got it."
Sometimes you need to know when to shut up. In these situations, often the best cross examination is none at all.
This preventable truck driving accident seemed simple enough. The truck driver ran a red light under heavy fog conditions (fog "so bad you couldn't see in front of you" according to witnesses) and smashed into a motorist at an intersection.
However, after the lawsuit was filed, it was discovered that the driver:
had a previous speeding ticket in New Mexico, a suspension and/or revocation of his license, multiple moving violations, falsified/missing driver logs, little to no experience in the field, and the inability to speak/read/write English fluently.
What's more, during "discovery" (the process by which parties request and exchange written documents/information) it was learned that the driver logs from the crucial time period surrounding the accident were never produced, and that the logs which were produced “show falsified information with regard to times and/or distances.” (Id.).
As a result of these facts, the judge permitted the plaintiff (the injured party) to amend the complaint to allow a jury to consider a claim for punitive damages against the trucking company for its hiring practices and not producing the missing information, among other things.
Lesson: many trucking negligence cases involve more than the "simple facts" that led to a collision. Occasionally, haphazard hiring or safety practices well before a collision are the true root cause of an eventual collision.
And you can be sure of one thing: the unjured victim will NEVER learn about some of these safety shortcuts unless (1) he or she hires a competent attorney with experience in knowing what information to push for; and (2) a lawsuit is filed. Trucking companies NEVER voluntarily release this potentially damning information without a lawsuit being filed.
Case: Sabo v. Suarez, United States District Court, M.D. Pennsylvania (July 31, 2009).
I found it ironic that this verdict came on the heels of a recent report that indicated that New York City spent hundreds of millions in 2009 settling personal injury type lawsuits. City officials were complaining about the extreme costs of tort litigation and ways to curb it, such as putting a legislative cap or limit on lawsuit recovery.
But I'm sure THIS verdict will engender no complaints from NYC officials about our tort system. Welcome to the double standard that is our litigation system. After being in the litigation trenches for over 20 years now, the real world definition of a frivolous lawsuit donned on me a few years ago.
The textbook definition of a frivolous lawsuit in Ohio is:
Conduct that serves merely to harass or maliciously injure another party, or is for another improper purpose;
Conduct that is not warranted under existing law, cannot be supported by a good faith argument for a change of existing law, or for the establishment of new law;
Allegations that have no evidentiary support or are not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.
Forget how the law defines a "frivolous lawsuit." You want the street definition? Here it is: Any lawsuit other than mine."
It's those "other people" out there that are abusing the system. "They" are trying to get something for nothing from cities like NYC, so the thought goes. But our claim, or in this case, New York City's, is valid and proper. This seems to be the prevailing mentality of people utilizing the legal system. In fairness, there is some truth to this belief, because some people try to take advantage of the system. More importantly, though, the "any lawsuit other than mine is frivolous" mentality exposes how subjective public attitudes about our legal system really are. One person's valid lawsuit is another person's "frivolous lawsuit." That term gets tossed around so loosely and so often that it has lost its true meaning with the public.
It's very similar to all the current cries for "tort reform." What it truly means is that people generally have no objection to cracking down on "those other lawsuits out there," but get really ticked when they discover that tort reform has infected and limited their legitimate lawsuit.
If you've been injured in an auto accident, you may receive a few phone calls. Here's what you need to know to protect yourself from some shady and perhaps even illegal practices.
The first series of calls may come from chiropractors who got your name by hiring "runners" to retrieve your accident report (which is a public record). The pitch? "We can help you and there's no need to pay the bills as we have an attorney who will work with us and pay your bills out of any settlement." Many will even offer you cab fare to arrange for your initial office visit. From there many will pressure you to sign forms where you give the chiropractor an interest in your injury claim. And, by the way, they will recommend an attorney, who will often be at the chiropractor's office, ready to "sign you up." These are nothing more than "mills" that are not intetested in your best interests. Many insurance companies are wise to these referral mills (because the same chiropractors and attorneys show up repeatedly on these claims) and you are at risk for ruining your claim by agreeing to this shady arrangement.
The next wave of phone calls you may receive is from a small group of attorneys or their office staff. THIS PRACTICE IS ILLEGAL IN OHIO AND VIOLATES OUR ETHICAL RULES. Any attorney engaging in this sleazy practice can be disciplined. These phone calls will take on various forms, according to Columbus personal injury attorney William Mann, who is also an expert in Ohio ethics law:
If attorney phone solicitations are done "right," they are very difficult to prove. The offending lawyers, when caught, say something such as, "Oh, we get dozens of phone calls a day from potential clients and friends and family of potential clients and we try to return all of them. We probably called X because we got a call from a friend or family member asking us to call him." Another scam is to direct contact a potential client and say,"I am investigating this accident and heard you had information about it.* * * Oh, you were injured in this accident, too! Well, since I am already working on this I would be happy to represent you as well." Another popular scam is to direct contact a potential client and say that you will be happy to come to their house and talk about the potential case. When you get there you give them some money, maybe $125 if it is a good case, in cash, for "cab fare," so that they can come to your office during the case if they sign your contract. It goes on and on but these are the scams that I hear about most often.
The overwhelming majority of attorneys do not pull these shenanigans. As usual, it takes only a handful of unscrupulous attorneys to give all of us a black eye. Lesson: HANG UP THE PHONE! Do your research. Ask friends and family for a list of competent Ohio personal injury attorneys or firms. Hop on the Internet and find a firm that offers potential clients good information or practical advice on what to do after an auto accident. And just say no to "friendly" offers of cab fares and attorneys lurking in the back room of a chiropractor's office.
Recently I visited a local free "listing" website (similar to yellowpages.com) just to make sure our firm was correctly listed on the site. I noticed a link at the top of the site to a another site (something like "malpractice lawyers for you"). Curious as to who this firm was, I clicked on the link. Up popped a law firm that I had never heard of. The firm listed a 1-800 number and listed no address. I was convinced that this was not an Ohio malpractice firm.
So I dug a little further with a Google search and, sure enough, this malpractice firm, advertising in Canton, was really an Oklahoma law firm. Why would an Oklahoma law firm be soliciting Ohio malpractice cases? Simple--to "sign up" the client and attempt to refer the "client" to a competent Ohio malpractice attorney, for the purpose of gaining a referral fee.
Here's the problem with this arrangement. You as the "client" of this firm are now being passed off to another attorney or firm. No doubt you will have no say or input as to whom you'll be passed off to. This is nothing more than a business arrangement. So be careful when you are searching for an Ohio malpractice attorney and land at a site that does not reveal the location of the firm. The old adage of "cutting out the middleman" might apply here...
Phoenix, Arizona DUI attorney Lawrence Koplow is a lawyer who provides legal representation for vehicular manslaughter and other criminal defense needs such as DUI, driving while intoxicated (DWI) and other vehicular crimes. If you need help with reckless driving, or leaving the scene of an accident crimes contact us. Mr. Koplow’s record as a DUI attorney shows that he is an experienced defense attorney, dedicated to helping people who need an aggressive and qualified DUI lawyer.
If you need a DUI Attorney, you should know that Mr. Koplow is a former DUI prosecutor with the Maricopa County Attorney’s Office. He used to prosecute people charged with DUI. Now he uses what he learned as a prosecutor to benefit his clients. Mr. Koplow also employs creative defense tactics and keeps on top of the latest DUI defense strategies. For example, Mr. Koplow has developed a network of experts to assist with challenging blood alcohol readings and the validity of field sobriety tests such as the HGN “eye” test.
Many people don’t realize it, but those charged with a DUI or driving while intoxicated (DWI) are sometimes also charged with additional crimes such as reckless driving, or aggravated DUI and other vehicular crimes requiring the legal representation of an experienced DUI attorney.
Mr. Koplow is a skilled Phoenix Arizona DUI attorney who understands the need for a lawyer for those that are charged with DUI or driving while intoxicated (DWI). If you are looking for a Phoenix DUI lawyer and don’t know which Arizona DUI attorney to turn to, or if you have been charged with a vehicular crime, such as Arizona vehicular manslaughter, Arizona reckless driving, or Arizona leaving the scene of an accident, give Mr. Koplow a call.
The mesothelioma lawyers at the Simmons firm represent victims of mesothelioma throughout Missouri and the St. Louis metro area. Our mesothelioma lawyers in Missouri understand the complexities of mesothelioma and asbestos litigation, and how important it is that you have an experienced attorney on your side.
If you or a loved one have been diagnosed with mesothelioma, contact our mesothelioma lawyers in Missouri today for a free consultation with any mesothelioma questions - medical or legal - you may have. We are one of the nation's leading supporters of the Mesothelioma Applied Research Foundation and have pledged $10 million to support cancer research at the Simmons Firm Cancer Institute at Southern Illinois University.
Missouri Asbestos Exposure
Our Missouri mesothelioma lawyers are experienced working with victims of asbestos exposure. Most people afflicted with mesothelioma are often exposed to the material during the course of their employment. Many of them were exposed while working in St. Louis, Kansas City and throughout Missouri. These people, concerned only with making a living to support their families, did the jobs they were asked without questioning their employers and the materials they were asked to handle. At hundreds of job sites across the United States, including Missouri, thousands of workers were exposed to asbestos on a daily basis, putting their health, even their lives, at risk.
Unfortunately, direct exposure is not always necessary to have an increased risk of an asbestos-related disease. Simply working around the dangerous material can be enough to expose someone to a dangerous level of asbestos. Family members of those directly exposed to asbestos are also at risk if they inhale fibers brought home on work clothes. This is called “take-home” or “paraoccupational” exposure and can be just as dangerous as direct exposure.
Missouri Mesothelioma Lawyers with Experience
At the Simmons firm, our Missouri mesothelioma lawyers have been working with clients suffering from diseases associated with asbestos exposure for nearly a decade. In that time, we have represented thousands of individuals from all areas of the United States. Our skill and conviction, along with our dedication to personal client service, have helped us recover over $1 billion in verdicts and settlements for over 10,000 clients.
Missouri Mesothelioma Lawyer and Legal Information
The state of Missouri ranks 17th in the nation for asbestos cases and the state has seen 624 deaths related to asbestos between 1980 and 2000. Large compensatory awards are not unusual when asbestos-related cases come to jury trial in Missouri. As recently as 2007, a jury awarded $5.1 million to the family of a 42-year-old woman who died of mesothelioma. The case is also notable since the woman had been exposed to asbestos through second-hand exposure, a concept which is being tested in other state court systems.
In addition to asbestos lawsuits filed by individuals who have been affected by asbestos exposure,there have also been cases filed 'in the public interest.' In 2005, the Trial Lawyers for Public Justice, in con
junction with other public interest groups, filed suit against the City of St. Louis and Lambert-St. Louis International Airport alleging that they endangered public health by demolishing 300 houses using the controversial 'wet method' of demolition. The wet method violates two federal statutes and may have exposed hundreds of people who live near the demolition sites to airborne asbestos.
In a case brought under the Clean Air Act, a local hotel operator was fined $200,000 for allegedly exposing hotel guests to asbestos during renovation work. Violations of the federal Clean Air Act such as these may give members of the general public who were exposed to and injured by asbestos grounds for a personal injury lawsuit in the future.
Determination of Damages
In the Missouri courts, juries determine whether damages are compensable using a pure comparative negligence system. Under pure comparative negligence, a plaintiff may still recover damages even if they bear any of the fault in causing the injury to themselves. As long as the defendantis determined to be at any fault in causing an injury, the plaintiff may collect damages, but the damages awarded will be reduced proportionate to the percentage of fault judged to the plaintiff. In other words, if a jury decides that damages in a case amount to $100,000 and the plaintiff is 20 percent at fault in the injuries, the plaintiff's award is reduced by 20 percent. The plaintiff will receive $80,000.
Missouri courts also used a modified joint and several liability rule in apportioning damages in cases where there are multiple defendants. Under the Missouri modification, a defendant is only subject toseveral liability if they bear 50 percent or less of the fault in causing the injury. If their fault is determined to be 51 percent or greater, they are liable for joint and several liability, which can make them liable for the entire judgment if other defendants are unable to pay their share.
Missouri Asbestos Litigation
Below are several examples of asbestos-related cases in Missouri:
City of Kansas City v. W.R. Grace & Co.: A St. Louis jury awarded $14.3 million in damages in what is believed to be the first asbestos property damages suit against a major asbestos manufacturer.
Clayton Center Associates v. W.R. Grace & Co.: A Missouri jury awarded $17.9 million including more than $2 million in punitive damages to Clayton Center Associates. The plaintiffs alleged that Grace & Co. sold them asbestos-containing insulation for a property despite the fact that the company knew legislation banning the product was about to be passed. Grace was also accused of using the product in the St. Louis market because this location was less knowledgeable about the dangers of asbestos than other regions.
Stephanie Foster v. Aerojet: A St. Louis jury awarded $5.1 million to the family of a woman who died of mesothelioma that was caused by her exposure to asbestos fibers on the clothing of her father, who worked for Aerojet during her infancy. Aerojet tried to claim that they had never used asbestos in their plants or products, despite their own records that showed a stockpile of tons of asbestos in a company-owned warehouse. The court sanctioned Aerojet, who lost subsequent appeals calling for a new trial. The plaintiff was awarded $5.1 million.
TennesseeMesothelioma Lawyer and Legal Information
While Tennessee has not seen the volume of asbestos-related lawsuits that states like Virginia, Texas, Ohio and Pennsylvania have seen, the state courts have dealt with enough asbestos cases to have developed specific statutes and policies for dealing with asbestos-related diseases. For instance, in1979, the Tennessee legislature passed a bill that accepted asbestosis from a restrictive statute of repose that would havebarred most asbestosis lawsuits from being filed.
Often, asbestos and mesothelioma lawsuits are challenged either in pre-trial motions or on appeal with defendants citing errors of procedure as the reason for appeal. The Tennessee courts have frequently ruled in favor of plaintiffs in matters of procedure. In a 1982 case, for instance, the Sixth Circuit Court of Appeals reversed a lower court's jury verdict for the defendant on the grounds thatthe trial court judge had erred in several matters of procedure. One of the more importanterrors was the judge's instruction to the jury telling them by mistake that they could only find for the plaintiff if the defendant's products were the sole cause of the decedent's asbestosis. On the contrary, the appeal court stated, the defendant's actions didn't have to be the sole cause of the defendant's injury under Tennessee law. It was enough that the defendant's actions were a "substantial factor in causing them." (Murphree v. Raybestos-Manhattan, Inc)
Determination of Liability
The Tennessee courts follow a system of modified comparative negligence - 50 percent in determining whether or not damages should be awarded. Under the system followed in the Tennessee courts, a plaintiff can only collect damages if their fault in causing the injury is found to be 49 percent or less. If the plaintiff is found partially at fault, but less than 50 percent at fault, any damages determined will be reduced in proportion to their share of the fault. In other words, if thejury decides that the plaintiff is 30 percent at fault in his or her own injury and the damages in the case amount to $100,000, the plaintiff may collect up to $70,000.
In cases with more than one defendant, the Tennessee courts use a pure several liability system. Under that system, each defendant is only responsible for the share of the award that is proportionate to its share of the fault in causing the injury.
TennesseeAsbestos Litigation
Tennessee's court system has been dealing with an asbestos incident involving the U.S. Postal Service. In one of the state's main facilities, asbestos used in the floor tile placed many employees at risk. OSHA and the Postal Service are still looking for the best and safest solution to this problem, and in themeanwhile, employees are being kept safe through a number of preventative measures, including daily mopping.
There are many different grounds under which a mesothelioma lawsuit may be brought against a company or companies. FELA and the Jones Act, for instance, specifically allow railroad and maritime employees who were injured on the job, including those who were injured by occupational exposures like asbestos, to bring suit against their employers for compensation of damages. These account for many Tennessee asbestos suits, along with disputed Workers' Compensation clams. Examples of asbestos-related lawsuits in Tennessee are detailed below:
2006 - Hensley v. CSX Railroad: Thurston Hensley, age 67, sued CSX under the Federal Employees Liability Act (FELA) for damages he sustained as a direct result of being exposed to asbestos in the CSX railroad yards where he worked for 33 years as an electrician. Hensley received $5 million, upheld on appeal in April 2008.
2008 - Satterfield v. Breeding Insulation and ALCOA: In a case decided in February 2008, the Tennessee Supreme Court in Knoxville reinstated a second-hand asbestos case and returned it to the trial court for decision. Amanda Satterfield filed suit against the defendants alleging that her exposure to asbestos carried home on her father's clothing when she was an infant caused her mesothelioma.
Satterfield's father worked for Breeding Insulation and used products made by ALCOA in his work with asbestos. The suit alleged that ALCOA had knowledge as early as the 1960s of workers' families becoming ill from secondhand exposure to asbestos in their products, but failed to warn Satterfield of that danger. Consequently, from the time his daughter Amanda was born prematurely and throughout her childhood, Satterfield returned home in dusty clothing and exposed his daughter to asbestos which eventually caused her mesothelioma.
Amanda Satterfield filed suit in 2003. She died of mesothelioma in 2005 while the suit was still pending, and her father joined the suit as her representative. ALCOA argued that they had no legal duty of care to Amanda Satterfield, and thus there was no cause of action to bring suit against them. The Tennessee trial court agreed and dismissed the case. The Supreme Court of Tennessee disagreed with the judgment that ALCOA had no duty of care to the families of their employees and reversed the decision, returning it to the trial court.
In its decision, the Supreme Court stated that "ALCOA should have understood that the risk of injury to someone like Ms. Satterfield was a reasonably foreseeable probability." The case cements the concept of secondhand household exposure to asbestos as a reasonably foreseeable probability for which the company can be held liable.
Mesothelioma cancer is deadliest of the asbestos caused diseases, but there are many others. asbestosis, lung cancer, COPD and chronic bronchitis are additional diseases that can be traced back to asbestos exposure. California residents who have developed an asbestos related disease have a number of legal options available to them. Our attorneys are familiar with California’s state rulings on mesothelioma cases as well as the applicable federal statutes and rulings.
Individuals who have suffered as the result of asbestos exposure can file a liability claim against one or more of the asbestos companies that have set up trust funds to compensate those that have been injured. Another option is filing a lawsuit against a former employer who manufactured products containing asbestos or who allowed asbestos exposure in the workplace. The third option is filing several legal actions, which is what thousands of Californians have done.
California Mesothelioma Lawsuits
The term “asbestos cancer” generally refers to mesothelioma, a lethal malignancy for which the only known cause is asbestos. The initial symptoms are usually shortness of breath, a persistent cough and tightness in the chest, followed by pleural effusion. Over seventy percent of all mesothelioma cases develop in the outer lining of the lung; the other possibilities are in the abdominal cavity and in the lining around the heart.
A few facts:
• Mesothelioma has a latency period of twenty to fifty years. You may have recently developed asbestos cancer from a job you left decades ago.
• About 3,000 new cases of mesothelioma are diagnosed annually in the U.S. despite the fact that asbestos products were taken off the market in the 1970s and 1980s.
• Because of the long latency period mesothelioma is often not diagnosed until the disease has developed to a late stage. The average survival term after diagnosis is twelve to eighteen months.
• The courts in most states understand the urgency of a mesothelioma lawsuit and often will help expedite it. California’s courts are generally reasonable about an attorney’s request for rapid proceedings on behalf of a gravely ill client.
Asbestos Claims in California
California has more asbestos related deaths every year than any other state. Part of the reason is the state’s sheer size, and part of the reason is the proliferation of industrial sites that were built with products containing asbestos. There are oil refineries in the Benicia and Vallejo to the north; San Pedro, Carson and Los Angeles to the south. (See more about Asbestos exposure in California)
Shipyards and naval bases are probably the job locations with the highest risk of hazardous asbestos exposure. Tens of thousands of Californians worked or are still working at the facilities in Oakland, Richmond, San Francisco, Vallejo, Long Beach, Los Angeles and San Diego. There are hundreds of other likely locations for job site asbestos exposure in the state.
National Experience with Asbestos Compensation
Asbestos claimsare often filed against more than one company in more than one state. The regulations can vary – however our attorneys are familiar with the claim requirements for every firm that has acknowledged their liability for asbestos exposure and set aside funds to pay claims. We can provide a quick analysis of your case and get the necessary legal work in motion quickly – and at no charge.
If you need a California asbestos attorney call 1-800-490-6014 or fill out the brief form at the top of the page. We’ll be in touch immediately.
If you or someone you love has been arrested and charged with a drunk driving offense, don't settle for anything less than experienced, smart, and aggressive DWI defense representation.
That's what we promise our clients.That's what we deliver.At the Bedford, Texas, firm of David E. Cook, Attorney at Law, we represent clients throughout North Texas, including the Mid Cities and Tarrant County, to defend their rights against DWI and DUI charges. We're honest, we deal with clients directly, and we never entrust these important matters to less experienced "associates".
If convicted of a drunk driving-related offense in Texas, you may pay some pretty steep prices, including: court costs, fines, attorneys' fees, higher insurance rates, license suspension, drivers' license surchar
ges, and jail time. We can help you to avoid these consequences by challenging evidence such as:
Probable cause and other constitutional issues
Blood-alcohol (BAC) or breath test results
Improperly administered Field Sobriety Tests
Police officer testimony
Factors such as illness, fatigue, and nervousness also need to be considered.
We are a small, one-attorney law firm, but we have a big reputation for the quality of our work and for the integrity with which we handle our cases. As your Fort Worth DWI lawyer, David E. Cook can help you to understand the laws and the legal process involved and will work to resolve your case at a minimum of cost and disruption to your life.
Clients also benefit from our experience in DWI / DUI matters and from the respect we have from others in the legal community. Wherever possible, we will challenge the evidence in order to get the
DWI charges against you reduced or dismissed. But if these options are not available, we will work hard to obtain the most favorable sentencing options on your behalf.
But time is afactor so don't delay.
If you have been arrested for DWI in Texas, the state can and will automatically suspend your driver's license. As long as you contact us within 15 days of your arrest, we can request a hearingto tryand stop the suspension. Contact experienced Texas drunk driving attorney, David E. Cook, Attorney at Law today for a free consultation .
Fort Worth Texas DWI Lawyers
Tarrant County, Texas DWI criminal defense attorneys handling drunk driving cases in Fort Worth, Texas and Tarrant County. Fort Worth DWI Lawyers at the Dunham Law Firm.
For an immediate free consultation on your arrest for driving while intoxicated in Tarrant County, Texas, simplyfill out the contact form to your left. The Fort Worth DWI Lawyers at the Dunham Law Firm have been handling cases of drunk driving since 1989 and have former prosecutors with extensive trial experience to defend your case. But hurry, time is important to keep your Texas Driver's License from being suspended. Fill out the Free DWI Consultation form to your left and the Dunham Law Firm will send you a free copy of your Texas DWI arrest report.
With offices in Fort Worth and Austin, Texas, the lawyers at the Dunham Law Firm handle DWI (Driving While Intoxicated), DUI (Driving Under the Influence), BWI (Boating While Intoxicated) and drunk driving charges. Having Texas Board Certified Attorneys and former prosecutors handling your TX DWI case can make the difference of winning, going to jail or doing probation. You will find the law firm is very knowledgeable about Texas DWI Laws and drunk driving information.
Experienced Fort Worth Texas DWI Lawyers
When selecting legal representation, realize that your attorney's experience is very important. The way your drunk driving case is handled will have an influence on the outcome and thus your future. Having Texas Board Certified Criminal Law Specialists on your side can mean the difference between obtaining a good result and a bad result. At the Dunham Law Firm, many of the attorneys have previously been Assistant District Attorneys, spending years perfecting their courtroom skills. They know the procedures of the criminal court system and can make that system work for you.
Proven Track Record against Tarrant County DWI Arrests
The Dunham Law Firm has accumulated a highly successful record of acquittals, dismissals and reductions in the defense of DWI, drunk driving and alcohol related cases. Each case is different, but note that the attorneys at the Dunham Law Firm always start with the goal of getting your case of drunk driving in Tarrant County, TX dismissed or reduced to a traffic ticket.
Affordable DWI Pay Plans and Low Fees
The lawfirm offers fair and competitive fees, especially for Board Certified attorneys. In most cases, they charge a low flat rate and often do not require any money down. The initial consultation is free. When you factor in experience and proven results, the Dunham Law Firm is a good choice for those who want the highest quality of legal representation at a fair and reasonable cost.
Serious Consequences for Drunk Driving in Texas
A charge of DWI, DUI or BUI in Tarrant County can have serious consequences. You may lose your driver's license, experience a substantial increase in car insurance rates, pay large fines and court costs, suffer a driver's license surcharge ranging from $3,000.00 to $6,000.00, and possibly face jail time.Don't leave your future to chance. Select the Fort Worth DWI Attorneys who will fight for you. The Dunham Law Firm will work for dismissal or reduction of your charge. If successful, you may even be able to have your arrest record and fingerprints torn up! Don't let this arrest record affect your job or your future; call immediately to discuss how the Dunham Law Firm will handle your case.
A Word of Warning about your Texas Driver's License
You have only 15 days from the date of arrest to request a hearing on your driver's license. If you fail to request a hearing, your license may be suspended and you face the probability of paying huge fines for several years. It is important that you hire legal representation for this hearing to challenge the license suspension. Having legal representation for this license hearing provides an opportunity for your attorney to question the arresting officer. Putting the officer on the stand helps to establish his or her position, which can be very beneficial to your criminal case.
Texas Driver's License Surcharge (Fines)
Since 2003, Department of Public Safety has been authorized to levy a surcharge on driver's licenses suspended for alcohol related arrests. This charge can range from $1,000.00 to $2,000.00 per year for three years. Depending on your case, you could be facing a $6,000.00 fee just to keep your license. Now you know why it is so important to fight your license suspension.
Call the Tarrant County DWI Attorneys at the Dunham Law Firm immediately to discuss ways you may be able to keep your driver's license and get your TX DWI dismissed or reduced.
Diseases caused as a result of exposure to asbestos can result in serious outcomes. Exposure to asbestos results in a type of lung cancer called as mesothelioma. At times it can take 40 years for the disease to develop in the body. As of now there is no cure for this disease and companies that manufacture products with asbestos are being held responsible for exposure to asbestos. If you or any of your loved one has been diagnosed with mesothelioma and if you know where have you been exposed to asbestos then you can file a case and take legal action against the people who are responsible for your exposure. Even if you are not aware of the reason for your exposure to asbestos then also you can take the help of a mesothelioma lawyer to file your case. The lawyer would work to assess the cause of your exposure. If you are suffering from mesothelioma in Colorado then a knowledgeable Colorado mesothelioma lawyer can be of much help to you in filing your case and getting you the compensation. The lawyer would investigate all the process and would collect information related to the case.
Taking the help of a Colorado mesothelioma lawyer
A well-experienced and qualified mesothelioma lawyer can help you in evaluating your claim and give you the right counseling about how you should proceed with your case. In a mesothelioma case you are liable to get compensation for the damage that you have suffered as a result of the disease. The ColoradoState mesothelioma lawyer works to get you compensation for both financial as well as non-financial loss like lost wages and effect on earning capacity, medical expenses, pain and suffering, etc. You should make sure that the mesothelioma attorney whom you select should have enough experience in handling such cases and should be qualified to take up these cases.
Selecting a Colorado mesothelioma lawyer
When selecting a mesothelioma lawyer in Colorado you should keep certain things in mind.It is always suggested that you select a mesothelioma lawyer who has experience in handling such cases. An experience mesothelioma lawyer would know the exact process of how to go about thecase and would have the right contacts, knowledge and resources that can strengthen your case. Moreover before the lawyer files the case he or she would have to go through your history and the history of the company against which the case is being filed. If there have been any previous lawsuits against the company then this can be helpful in your case. Only a lawyer who has experience in this field can handle your case with expertise.
It is advised that you should avoid an out-of-court settlement. If you try to settle your mesothelioma case without the help of a lawyer then it is possible that you might not get the compensation that you are entitled for. You would belosing your valuable time and also would be settling for less. Selecting the right lawyer for your mesothelioma case can, not only get you the right compensation but also make a difference. The companies would try and subside the case but the mesothelioma lawyer would help you out in getting justice and your compensation.
How much does a mesothelioma lawyer cost
When it co mes to paying the Colorado mesothelioma lawyer then most of the lawyers charge on contingency basis. You are not required to pay the lawyer unless the lawyer is successful in getting you the compensation for your case. This also means that there are no out-of pocket charges for you. Moreover most of the mesothelioma lawyers give an initial free consultation to the vict ims and their families. Even if you are confused whether you have a case or not you should approach a mesothelioma lawyer to assess whether you can make a claim on your case. The compensatio n that you get and the time involved in getting you the compensation depends on the trial and cow long does the trial last. However in Colorado mesothelioma cases are given early tria l d ates so that the victim can get an early compensation.
Colorado Mesothelioma Lawyer and Legal Information
Like many other West Coast and Southwestern states, Colorado courts are historically friendly to victims in mesothelioma and asbestos-related lawsuits. In general, the courts have established and upheld the principle that big companies (the mining companies in particular) should be held responsible for cleaning up their own messes, environmental and otherwise. In case after case, the Colorado courts have held mining companies and manufacturers liable for controlling exposure to asbestos even in cases where the defendant company only manufactured part of an asbestos-containing product, or when a company had only recently taken control of the assets of another company with asbestos related assets.
Environmental and Occupational Safety Regulations
Colorado vigorously enforces some of the toughest environmental and occupational air quality standards in the nation with regards to asbestos. The regulations for managing and handling asbestos are overseen by the Asbestos Compliance Assistance Group of the Air Pollution Control Division of the Colorado Department of Public Health and Environment.
In Colorado, neglect that leads to exposing the public to asbestos fibers can be grounds for a lawsuit against the responsible parties. If, for instance, a contractor or building owner fails to take the proper precautions to contain asbestos when doing renovation or demolition, and hazardous substances like asbestos migrate to neighboring properties, the abutting neighbors may have grounds to bring suit against the owner for recovery of cleanup costs and damages.
The Colorado courts have also affirmed the responsibility of a company to clean up its own environmental messes. In a 2005 case, the Colorado Superior Court held that Asarco, a mining company that owned and operated a number of mines in Colorado, was still financially responsible for cleaning up the leaks from one of its mines even though the company had entered bankruptcy protection. The bankruptcy was triggered by, in part, nearly 100,000 lawsuits alleging asbestos exposure and asbestos poisoning. The 2005 Asarco decision is a departure from traditional court rulings which have often reduced or eliminated fines and cleanup costs for companies in bankruptcy.
Determination of Liability
The Colorado courts follow a principle of modified comparative negligence - 50% rule. Under the 50% rule, a plaintiff may recover damages in a lawsuit even if they are partially at fault in their own injury or illness, as long as their responsibility in the disability is less 50%. The judge or jury will determine what percentage of responsibility for the disability lies with each party in the lawsuit. As long as the plaintiff is less than 50% liable for their own injury, the plaintiff may recover damages, but those damages will be reduced proportionate to the portion of liability assigned to them. In other words, if a judge or jury determines that a plaintiff is 20% liable for their own injury, and the total amount of damages is $100,000, the plaintiff can collect damages in the amount of $80,000.
The courts in Colorado follow a modified joint and several liability method for determining the financial award due from each defendant in an asbestos lawsuit with multiple defendants. Typically, each defendant will be responsible for damages proportionate to their assigned liability. If the judge or jury determines that two or more defendants conspired to injure another, then they'll be subject to joint and several liability.
Asbestos-Related Litigation
There have been a number of landmark asbestos cases decided in Colorado in the past 20 years. Among them are cases that set precedents to allow plaintiffs to sue successors of companies that once made asbestos-related and contaminated products, and that allow plaintiffs to bring suit against a company that distributed asbestos-containing products even if they did not manufacture the product.
In the 1986 case, Gibson v. Armstrong World Industries, Inc., the Colorado U.S. District Court ruled that Nicolet, Inc., which purchased Keasbey & Mattison Company, was liable to asbestos victims for damages caused by Keasbey & Mattison's asbestos-containing products. The ruling affirmed that Colorado courts would hold companies liable for the assets of companies that they purchase on taking control of their assets.
In 1987, lawyers for John Crane argued that the company should not be liable for injuries caused by a productthat it prepackaged and sold to the public because they were not the original manufacturer of the product. They asked for a summary judgment of dismissal. The Colorado U.S. District Court denied the summary judgment, holding that a company that distributes a product shares the liability for any damages that it causes.
If you or someone you know has been diagnosed with mesothelioma or another asbestos related disease, it is vital to contact an experienced Colorado mesothelioma lawyer to learn about the requirements and avenues available for compensation for your illness
Mesothelioma is a rare type of cancer that develops because of exposure to asbestos. This disease can take up to 20years to show up and get diagnosed. If you or any of your loved on has been diagnosed with mesothelioma then it is advised that you should take the help of a lawyer who specializes in taking up mesothelioma cases. T he lawyer can help you in getting the deserved compensation. Even if you are not sure whether you can file a mesothelioma case you should consult a lawyer who would be able to advise you on whether you should file a case or not.
Why should you take the help of a lawyer?
Fighting alone against big names can be a difficult task and understanding the complexities of such cases is also difficult. It is hence suggested that you should take the help of a mesothelioma lawyer. The mesothelioma lawyers work with medical professionals who can help the lawyer in understanding the case better and proving the specific correlation between a patient?s side effects and the Mesothelioma diagnosis.
The mesothelioma lawsuits typically require assistance of experienced lawyers who would be able to help you understand your rights and make rightful claims. The mesothelioma lawyers in Georgia would work to get you compensation for your medical expenses ; any expense for future treatment, loss of wages, compensation your inability to work, pain and suffering etc. Usually mesothelioma cases are given priority and you can get compensation within a years time. There are a number of companies that would try for an out-of-court settlement. However, you should not opt for such settlements, as there are chances that you would not get the compensation that you deserve. You should let your lawyer handle your case.
Selecting a mesothelioma lawyer in Georgia
When you select a mesothelioma lawyer Georgia then you should pay attention on the experience that the lawyer has and how many cases has the lawyer handled so far. You should also make sure that the lawyer would take up your case and would attend to you personally rather than transferring your case to any of his colleagues. You should ask the lawyer about the maximum amount of compensation that the lawyer has obtained for his mesothelioma clients till date and how does he handle such cases. You should be aware of the legal process that the lawyer follows.
In case the lawyer takes up multiple law cases then you should make sure that you ask the lawyer about the percentage of practice that the lawyer devotes towards mesothelioma cases. You should also make sure that you ask the lawyer about the fees that he or she charges and how and when are you supposed to pay the lawyer. You should make sure that the lawyer with whom you h ave d iscussed your case would handle it throughout. There are times that lawyers handover cases to their colleagues and this can affect your case.
How much does the mesothelioma lawyer charge?
Most of the lawyers in Georgia taking up mesothelioma cases charge on contingency basis. You are not supposed to pay your lawyer unless the lawyer gets you the compensation for your case. However, before you hire the mesothelioma lawyer you should ask the lawyer about the fees structure that he or she charges. Before you hire a lawyer you are supposed to sign an agreement that consists of certain clauses and the fees structure. You should make sure that you understand these clauses correctly. In case you don?t then you should ask the lawyer before signing the agreement so that all the points are clear in the beginning.
Most of the mesothelioma lawyer in Georgia give an initial free consultation to their clients. You should make sure that you take advantage of this consultation and ask the lawyer about your case and the amount of compensation that you can get in your case.
If you have been diagnosed with one of the many complication (lung fibrosis disease, cancer or others) do to exposureto asbestos you need to find a asbestos lawyer Los Angeles or Mesothelioma lawyer Los Angeles. But, you must find an attorney that specializes in asbestos cases!
These lawyers know that there is a lot of money to be made for them in these type of cases. So, although it may not be their specialty they will take the case any way. You must find asbestos lawyers California and ask them to show you proof of cases they have tried that pertain to Mesothelioma.
Do not expect Mesothelioma lawyers California to be able to give you an exact dollar amount if you should win your case. Amountswill vary vastly depending on many factors.One being the existent of the damages to the patient another being the location or state where the suite is being filed.
Cases have gotten a little harder to win (unless the proof is undisputable) because back in the 80’s & 90’s the country was running ramped with Mesothelioma law suites. Later, as technologies advanced they realized that many of these Mesothelioma cases that were won back then were most likely won do to fast talking asbestos attorneys California.
So to give you the best chance of winning your Mesothelioma law suite, is to insure that the asbestos lawyer Los Angeles or Mesothelioma lawyer Los Angeles you choose specializes in Mesothelioma.
The average pay out for a Mesothelioma law suites is around $1,000,000.00 and to date there has been billions of dollarspay out Mesothelioma sufferers and there is still billions of dollars worth of law suites still pending, and countless yet to arise.With Mesothelioma attorneys California that specializes in Mesothelioma and the proper documentation you should have no trouble winning your case.
The government has set up regulation for legal limits to the espouse of asbestos, along with a scale of how much a victim will be paid for lost of time worked, future time lost, pain and suffering, medical bills and expenses. A good asbestos attorney California will accumulate all this information to insure that you get as much as the law allows.
The main thing for you to remember is there is a time limit the law allows for you to file your case. Alsothere are amendments being made to the laws regarding Mesothelioma case all the time, that’s why it is very important for you to be sure you have contacted a asbestos lawyer Los Angeles or Mesothelioma lawyer Los Angeles that specializes in Mesothelioma cases.
