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Republican Rep. Michele Bachmann Un-american Claim Is Troubling

Mike Bryant — Mon, 20 Oct 2008 19:36:43 GMT

As part of an overall attack on the character of Presidential candidate Barack Obama, Minnesota congresswoman Michele Bachman is now saying that he is Un-american. She goes futher to suggest that the Congressional leaders are also.

There are still three weeks to the election, so there are still questions to be answered by the actual vote. But, it seems safe to say that the leadership of both the House and Senate will be the same. So if Bachmann wins she will be heading back to a congress where she has clearly indicted those she would be expected to work with. Further, at a time when the country is truly facing some of it's biggest concerns ever, she has raised the rhetoric to a level that won't do a thing to moving the country ahead to solutions. It's doubtful that she will be able to play an affective role at all.

If the polls bear out and Obama does become President, it seems even less likely that she will be able to work with any of those in power. For those in her district this is very bad news. These unsupported comments are uncalled for and do nothing to help the country or the process. There is enough clear political difference that a fair look at the issues would serve the country and the voters much better.

10/22 As an update- here is an interesting historical analysis on the impact on this race and other races in Minnesota.

Originally posted at InjuryBoard by Mike Bryant

Does my Teenager Need a Booster Seat??

Joe Crumley — Tue, 28 Jul 2009 15:03:01 GMT

Minnesota's new booster seat law brings a whole new group of older kids into booster seats. The new law has been in force since July 1, and folks are asking questions.

Does my Teenager Need a Booster Seat??? The law only applies to children both under age 8 and under 4 feet 9 inches. So unless your 7 year old is that tall, the child MUST BE in a booster seat. (By the way, if your 7 year old is 4 foot 9, call me... I'd like to negotiate a pro basketball contract.)

But is it safe enough to merely follow the law? Safety Experts suggest you can do more. Any child under the age of 13 should always be in the backseat. Proponents of the Minnesota law also suggest that any child who is over 8 but still under 4 feet 9 inches remain in a booster seat. Although it may be difficult, you should base your decision to get rid of the booster seat on the child's height and not their age. Any parent or caregive must review this comprehensive guide to Child Safety Seats from the American Academy of Pediatrics (AAP).

It's not illegal to let your petite twelve-year-old ride without a booster, but you may be risking your child's life. Use your common sense and your observations of your own child to determine when your child is tall enough to ride in a car without a booster seat and have seatbelt fit properly.

What if I Get a Ticket? The law does have an escape clause: The $50 fine may be reduced or waived if you can prove that you obtained an appropriate car seat or booster seat "within 14 days after the date of the violation." That's no reason to delay getting a seat, though.

What if I'm Driving Other People's Kids? This could be a problem. You need boosters for all of them. Common sense and preparation should simplify this problems. If you're driving the baseball or soccer team, ask their parents to have the kid ready at the door, booster seat in hand (and with a parent to help install it correctly the first time). Booster seats should become just another sports accessory, like water bottles and shin pads.

What about Babies? Babies should be placed in a rear-facing safety seat until at least age 1 and at least 20 pounds in weight. The AAP even advises that it is best for baby to "ride rear-facing to the highest weight or height allowed by the manufacturer of her car safety seat." Either way, the child ought to be in the center position of the back seat away from any possible impact.

Why the Changes? Some people have been wondering why these changes have been made. Many parents believe that a seatbelt is enough. However, over the past twenty years, we have learned that seatbelts may actually cause more harm than good for a small child. This is because seatbelts were not designed to fit children and because children are so much shorter and lighter than adults, seatbelts improperly fitted on a child can sit across their necks or ride up too high on their laps which can cause serious injury in a crash. A booster seat or car seat will elevate a child the few inches needed to ensure that the seatbelt fits properly or it will have a guiding system on it so that the seatbelt is situated in the proper position on the child’s body.

Can I Get Help With the Cost? For people who are concerned about the cost of booster seats, there are organizations to help parents get affordable booster seats. Organizations like the American Automobile Association (AAA) can also help parents track down financial help and provide advice on where to buy.

How Do These Darn Things Work? It is crucial that the booster seat fits your child properly and that you have it installed in your car properly. Some experts estimate that 4 out of every 5 children are placed in safety devices or restraints improperly. The doctors at the American Academy of Pediatricians provide comprehensive guidelines, as does the AAA and this website: http://www.carseatsmadesimple.org/. Most fire stations will also offer assistance to parents or caregivers who need help with car restraints so do not be afraid to ask.

My partner Mike Bryant wrote about this law when it was first passed. For more information, check out the latest news about the law.

Originally posted at InjuryBoard by Joe Crumley

Airliner Misses Minneapolis - Sleeping, Arguing, Cockpit Sex Orgy?

Joe Crumley — Fri, 23 Oct 2009 12:58:37 GMT

(New Update: Browsing or Drowsing - Pilots Plead Laptop Distraction)

A Northwest Airlines flight from San Diego flew at least 150 miles past Minneapolis St. Paul Airport (MSP) Wednesday night, out of radio contact and apparently on autopilot. Military fighter jets were about to scramble and intercept the Airbus A320 when radio contact was finally made after 75 minutes. The National Transportation Safety Board (NTSB) is investigating the incident.

Concerns for possible hijacking, terrorism or technical problems had the FBI and security personnel on the alert and investigating. The Star Tribune reported that Delta Air Lines, which operates Northwest, has suspended the pilot and co-pilot. Delta said Flight 188 had 144 passengers and five crew members. Pilots initially told FBI agents that they had been distracted by a heated argument in the cockpit.

Passenger's responses ranged from anger to whimsy, with at least one passenger asking whether the extra miles would be added to their Frequent Flyer totals.

http://www.youtube.com/watch?v=fQUf6xGl-mw&feature=player_embedded

What were they Doing Up There? While no credible sources have entertained the whimsical orgy referenced in the headline, many have questioned how an argument could distract the pilots for over an hour. The New York times reported:

"It just doesn’t make any sense," Bill Voss, president of the Flight Safety Foundation in Alexandria, Va., told The A.P. "The pilots are saying they were involved in a heated conversation. Well, that was a very long conversation."

Sources have speculated that the pilots may have fallen asleep. The pilots apparently were unaware of their overshoot until a flight attendant in the cabin contacted them by intercom. The plane was over Eau Claire, Wisconsin and had been out of communication for over an hour.

Black Box Should Reveal Much. The A320 has a cockpit voice recorder that should answer many questions. It is unknown how long it will be before the NTSB reveals their findings. Regardless of whether the recordings reveal snoring, bickering, or even squeals of passion, airline customers should be concerned. 37,000 feet at several hundred miles an hour is no place to get distracted, even with modern autopilot computers.

Overshoot Much Farther than Reported. Although it has been widely reported that the aircraft overshot the Twin Cities by 150 miles, the overshoot was actually closer to 400 or 500 miles. The plane was out of contact for more than an hour, and should have begun its descent several hundred miles west of the Twin Cities. The plane flew over Minneapolis at 37,000 feet at cruising speed, apparently on autopilot, and was still cruising 150miles past the Twin Cities.

The photo shows the plane’s flight path as captured on flightaware.com, a website which tracks air traffic. Because of security concerns, once communications was reestablished, the plane was apparently put through a series of various turns, in part to assure flight controllers that the plane was still in control of the pilots.

Past Incidents. The flight brought forth memories of the 1999 death of golfer Payne Stewart. Jets that scrambled then discovered that Stewart's plane had lost cabin pressure and showed no signs of life. The military jets watched helplessly for thousands of miles until the Stewart's jet eventually exhausted fuel and crashed in South Dakota.

In January 2008, two airline pilots fell asleep for at least 18 minutes during a flight from one side of Hawaii to the other. The plane passed its destination and headed out to open sea before air traffic controllers raised the pilots, one of whom was later diagnosed with sleep apnea.

Aviation Safety. Pilot fatigue has been an issue in the news recently, with arguments regarding whether pilots should be allowed to take naps, as they are in some other countries.

We'll certainly be watching closely to see what the investigation reveals.

Originally posted at InjuryBoard by Joe Crumley

"F**k You!" - Schwarzenegger Veto Message to Legislator

Joe Crumley — Wed, 28 Oct 2009 14:47:04 GMT

California Governor Arnold Schwarzenegger sent a clear - and profane - message to a California Legislator who heckled and criticized him recently.

The Guver-nator vetoed a bill sponsored by the legislator, San Francisco San Francisco Assemblyman Tom Ammiano. Letters or "Veto Messages" are often attached to vetoes, but slightly hidden within this veto message was the infamous expletive F**k You (except fully spelled out). As you can see below, the first letter of each line in the message spell out the slam.

The SanFrancisco Chronicle noted:

... the veto message came after Ammiano called the governor a liar and shouted from the audience to "kiss my gay ass" when Schwarzenegger unexpectedly showed up at a Democratic Party dinner in San Francisco on Oct. 7.

Ammiano later called Schwarzenegger's attendance at the event a "cheap publicity stunt" that wasn't at all amusing, in light of the governor's cuts in social services, ordered furloughs of state workers and failure to act on some gay-rights issues.

The Star Tribune reported:

"My goodness. What a coincidence," said Schwarzenegger spokesman Aaron McLear. "I suppose when you do so many vetoes, something like this is bound to happen."

Schwarzenegger's veto messages are sent to the lawmakers who authored the bills, and posted on the governor's Web site. McLear noted that the left-hand margin of past veto messages has spelled out words such as "poet" and "soap."

I'm not sure how such political commentary relates to InjuryBoard, but I'm disturbed.

Claiming coincidence is a joke or an out-and-out lie. The odds of such a clear message randomly appearing are astronomical. It is clear that the Governor or one of his staff sent this message.

This is reprehensible behavior. A governor leads, and sets an example for the citizens of the state. He's treating his office as a joke. What example is this for the schoolchildren of California? Being a crude foul-mouth .... is okay; you could be governor of California with that potty-mouth.

On the surface it may seem a clever way to respond to rudeness from a competing politician. But this is a major veto. In sending his little message, the governor vetoed a bill that was important to the Port of San Francisco. You can only hope that he intended the veto all along, and the message was an afterthought.

But if Ah-nuld thinks it's okay to veto a major bill just to make a joke or to slap down a politician, he needs to be impeached, because this is a major disgrace to his office. He earns this photo:

Originally posted at InjuryBoard by Joe Crumley

Big Trucks Kill! - The Dangers of 18-Wheelers

Joe Crumley — Tue, 13 Oct 2009 08:14:00 GMT

Sharing the road with big rig 18-wheelers is dangerous. These large and powerful trucks often weigh 25 times more than the average passenger car. So, it goes without saying, that when these multi-ton behemoths are involved in crashes, the amount of damage and resulting injuries tend to be catastrophic. Passenger-car drivers face many risks when they share the road with the big dogs.

Here are images from professional towing companies.... Some with cars and some just trucks... but look carefully, there's not much left of many of the cars: http://www.youtube.com/watch?v=maWm4LC5q5c

http://www.youtube.com/watch?v=4NeH3N9GoVk

Many semi-truck wrecks occur because the driver is tired, inattentive or distracted. Sometimes they are under the influence of alcohol, prescription/non-prescription drugs or are driving aggressively, too fast, or too close to other vehicles. The Federal Motor Carrier Safety Administration undertook a three year study to analyze the causes of large truck accidents. That research found:

For all crashes in the study (single and multiple vehicle crashes), trucks were assigned the critical reason in 55 percent of the cases. Driver reasons accounted for 87 percent of the reasons, and most involved failure to correctly recognize the situation or poor driving decisions. Thirteen percent of the coded reasons involved the truck, weather conditions, or roadway problems. The most common associated factors recorded were driver factors, such as legal drug use, traveling too fast for conditions, unfamiliarity with the roadway, inadequate surveillance, fatigue, and feeling under pressure from motor carriers. The most common vehicle associated factor was brake problems. Traffic flow interruption and requirements that the driver stop before the crash were prevalent roadway factors.

For two-vehicle crashes involving a truck and a passenger vehicle, trucks were assigned the critical reason in 44 percent of the crashes and passenger vehicles in 56 percent.

Truckie D, a trucker who contributes many excellent articles here on InjuryBoard, points out most crashes are caused by cars drivers, not truckers. The 56/44 breakdown in the FMCSA study seems to support that. But semis are driven by professional drivers, usually for commercial gain. Professionals driving dangerous behemoths must be held to a higher standard than us amateurs.

It is only fair to acknowledge that these drivers are under considerable time constraints and are often trying to meet critical deadlines. New federal regulations set forth time limits for how long truck drivers can be on the road. Some truckers, perhaps most, ignore these limits, using double logs or other tricks to gain the system.

Truckie also points out that states are closing rest stops, making it tough for truckers to find a place to rest. Many places do not allow truckers to park their 18-wheeler in their parking lot; and sometimes those places that do provide trucker accommodations are full.

But a trucker is a professional driver. Just as a professional driver should plan ahead to not run out of gas, a professional driver should plan ahead to have a place to stop to maintain compliance with the law. The alternative is to risk the lives of innocent drivers and passengers on the road. As I mentioned in a comment on his article:

... I can tell you that there are two main extreme types of truckers.

One is the very professional driver who understands that he's driving a Goliath among us Lilliputians (to mix references), and acts accordingly. I suspect that most of these guys recieved excellent training by an excellent teacher at a real driving school, have never taken a drink within 12 hours of a shift, always check lights, always do a complete inspection of their truck and trailer multiple times daily, never keep double DOT logs, never drive sleepy, and have endless patience with all the goofy things auto drivers do around them.

Sadly, there are too many clowns out there who were taught by their Grandpa or their boss, who think they're the best driver in the world, and thus can do anything, who hammer the accelerator and the brakes endlessly, who leave inspections for the guys back in the garage, or whoever had the truck before or after them. They cheat on their driving time and their logbooks, cuz laws and rules are for sissies, they party all night and get up early to drive still half-drunk or half-asleep, and they drive the same speed in a night snowstorm as a dry sunny day. Often they work doing short runs around town and not over the road. And if some idiot in a minivan or a subcompact dares pass them on the right, cuts them off a little, or drives under 80 in the fast lane, these clowns think it's a good a idea to throw "a little fear o' God in them" by putting the front bumper of his 80,000 pound behemoth inches behind their rear bumper.

It's rare, but I've seen it too many times.

There are many degrees of skill between these extemes. And sadly, most of the killed and maimed who come to me have encountered someone closer to the second driver than the first.

Passenger-vehicle drivers are unable to ignore the presence of 18-wheelers on the road. Big rig 18-wheelers can and do bully the road. They dominate it, by noise, by weight, and mostly by size. According to the National Highway Traffic Safety Administration, in 2006 one out of nine traffic fatalities resulted from a collision involving a large truck.

Horrific crash resulting in seven deaths.http://www.youtube.com/watch?v=Pw3odVTVNfA

Here's an empty squad car hit by a FedEx tandem truck while clearing another crash. http://www.youtube.com/watch?v=JpwtsCds17U&feature=PlayList&p=FC4DBB03BF4BE17C&index=14

While it’s impossible to completely eliminate the dangers of driving with 18-wheelers, there are several ways to reduce your risk. Consider the following tips:

18-wheeler Trucks Have Their Own Limitation Big trucks cannot maneuver like passenger vehicles. Oftentimes, these trucks are carrying thousands of pounds of cargo and it is difficult for them to not only accelerate, but to stop. For this reason, it’s important to avoid cutting too closely in front of trucks and avoid sudden braking.
Keep Your Distance Big trucks are hard to see around. Make sure you keep your distance when traveling behind a large truck. Following too closely prevents you from seeing potential hazards, such as pot holes and road debris. Also, if the truck doors shift loose then cargo may spill out. In addition to watching brake lights, you must keep a proper distance between your vehicle and the truck in front you.
Avoid the Shoulder of a Road If you experience car trouble or get a flat tire, try your best to get off the road. The shoulder (where most pull off to after they encounter problems) is one of the most dangerous places. Most large trucks travel in the right lane. Parking your vehicle and/or attempting repairs in the shoulder puts you at extreme risk. Shoulders are even more dangerous when roads are wet or slippery. When your only choice is to pull off onto the shoulder, move away from your vehicle and the road; then contact a tow truck to pull your car to a safe location.

Here's a guy who doesn't pull over far enough, but is it his fault, or the trucker who's not paying any attention? Regardless of that, it will be the car driver and passengers most likely killed or maimed:http://www.youtube.com/watch?v=IiiBmT6lYyQ

18-wheelers are very important. They carry large amounts of cargo across our country, and are part of the lifeblood of our economy. Long ago, our legislators made the choice to keep them on the same highway system as passenger cars, for better or worse.

But these mammoth vehicles can create dangerous situations and cause disastrous results. Drive cautiously and remain aware of other travelers on the road. Be considerate of others, consider each vehicles' limitations, and always watch out for the big rigs.

Originally posted at InjuryBoard by Joe Crumley

Howard Dean Has Always Supported "Tort Reform"

Mike Bryant — Thu, 27 Aug 2009 11:49:27 GMT

What a day of gotcha statements by the voices of big business and the health insurance companies. They are all excited about Howard Dean's statement at a town meeting that so-called "tort reform" isn't going to be in the health insurance bill. This should be no surprise to anyone that has listened to Dean over time or to anyone that has looked at the issue with any honesty. The thing is, all of these voices of the opposition don't care about the truth, they just want to continue to beat the drums and keep pushing health care reform (and Obama)toward a political Waterloo.

Let's look at what Dean said. Basically, he said that the author of the bill wouldn't allow tort reform in, and blamed it on the political influence of the trial lawyers. Well, if he was an unbiased person that didn't support tort reform anyway, you might be able to see that as a some great revelation. But this really isn't much different than a number of things he's said in the past. Sure, he has toned it down at times, but the reality is that Howard Dean has always favored limiting patient's access to the courts, aka "tort reform."

The reason that tort reform isn't in the bill is because it is such a small part of the system. Liability and malpractice costs are a tiny splinter of overall medical and health insurance costs. There are so many other places where health care can be significantly reformed that can make a huge cost difference, but health insurance companies might lose money. So the Right takes a page from the old Bush/Rove hymnal .... Let's all turn to page 362 and sing, "Attack the Trial Lawyers."

Now if we looked at a state such as Minnesota which has expert affidavits and meaningful statutes of limitations, there's a starting point for an honest discussion about what can be done nationally. As always, there are issues with state rights that need to be considered. But with Minnesota's low number of filings and low malpractice premiums, those seem like better ways to look vs. arbitrary caps that steal the individual's constitutional rights.

There are a number of great posts here at the Injuryboard talking about defensive medicine and who really profits from that. Also discussions about how Texas is now filling up with questionable doctors that because of the cost benefit analysis that is being used to limit the liability of unsafe medicine. It is time for a real discussion about making health insurance work for everyone. Time to stop the partisan garbage and move this along for the consumer.

Originally posted at InjuryBoard by Mike Bryant

Driver Guilty - Drunk Driving a La-Z-Boy?!

Joe Crumley — Thu, 22 Oct 2009 14:37:09 GMT

10/31 - After you read this, look at the Updated Post here.

11/3/09 - Another update! DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

_______________________________________________________

Drinking and driving is always a bad combination, but a Minnesota man has taken DWI in a more casual direction. Dennis LeRoy Anderson of Proctor, Minnesota (near Duluth), pled guilty Monday of DUI … while on a La-Z-Boy recliner!

The 61 year old Anderson had converted a La-Z-Boy recliner with wheels, a lawnmower engine, stereo, cupholders and headlights (see photo). Anderson does auto body work when he’s not making furniture into hot rods.

Unfortunately, he had a lot too much to drink before climbing into his chair, registering a 0.29% blood alcohol content, 3-1/2 times the legal limit! Anderson left the Keyboard Lounge on August 31, 2008, hopped on his La-Z-Boy but promptly crashed it into a real car in the parking lot.

The Star Tribune reported:

Deputy Police Chief Troy Foucault said the chair is "quite decked out." Along with the stereo and cup holders, it is powered by a converted lawnmower
with a Briggs & Stratton engine, a steering wheel, headlights and a power antenna.

Foucault estimated that the La-Z-Boy can top out at 15 to 20 miles per hour. A National Hot Rod Association sticker adorns the headrest.

The chair was impounded and will be sold at the next police auction.

"We have quite a few people calling about buying it," said Foucault, who half-seriously acknowledged that he's tempted to bid on it, except that "I have kids who would take it out and drive it on the street."

Anderson, with a prior conviction for drunken driving, was sentenced to 180 days in jail and a fine of $2,000.

Driving while drunk is serious business. As my partner Mike Bryant has written, drunk drivers can cause serious injuries to themselves and others.

Notice the ill-advised between-the-legs placement of that steering column/gearshift lever/whatever it is? I gotta think that "second collision" at 15-20mph could have caused more than "minor injuries." Ouch!

____________________________________________________________________

10/31 - Updated Post here.

11/3/09 - Another update! DWI La-Z-Boy Isn't - Trademark Foul Kills E-Bay Auction at $43,500

Originally posted at InjuryBoard by Joe Crumley

Are Killing Pain Killers Better Than Chiropractic?

Mike Bryant — Thu, 30 Jul 2009 09:54:00 GMT

I am amazed when talk comes up at the legislature or with individual insurance claims about whether chiropractic should be paid under the no fault act. Usually it involves discussions about limiting the coverage or adding treatment parameters. There is no real talk about how to deal with the person's pain if you take away their chiropractic treatment, which works for so many.

One of the options has to be pain killers. Has there been a single one that hasn't been looked at for significant damage to organs or causes for potential death? Let's see what's out there:

An advisory panel of the FDA voted to recommend a ban on Percocet and Vicodin. The panel noted that patients who take Percocet and Vicodin for long periods often need higher and higher doses to achieve the same effect. More than 400 people die and 42,000 are hospitalized every year in the United States from overdoses.

The FDA advisory panel, made up of scientists, doctors and consumer representatives, voted 21 to 6 in favor of lowering the maximum daily dose of nonprescription acetaminophen for adults, which is currently set at 4,000 mg; the panel did not specify a new maximum dosage. They also voted 24 to 13 to reduce the maximum single adult daily dose to 650 mg from the current maximum of 1,000 mg, or the equivalent of two tablets of Extra Strength Tylenol. Finally, the members recommended 26 to 11 that the 1,000-mg over-the-counter dose be switched to a prescription-only status.

In a separate vote, the panel recommended 36 to 1 that if acetaminophen-containing prescription drugs continue to be sold they be sold with a black-box warning.

Far more people are harmed by regular use of aspirin and ibuprofen (Nsaids). 100,000 Americans are hospitalized each year with complications associated with Nsaids and 15,000 to 20,000 die from ulcers and internal bleeding linked to their use.

The U.S. Food and Drug Administration has called for a black box warning for Darvon, Darvocet and other painkillers containing the drug propoxyphene because of overdose risks.

You look at this list and it makes you wonder why the discussion isn't about how do we use more alternative medicines? Why are painkillers given out like candy? Now, I represented enough people with serious pain, so I know that many of the concerns that the loss of these drugs may cause. But, despite that it seems like anything that is done to limit their use is for the better.

Originally posted at InjuryBoard by Mike Bryant

Toby Keith: What Are You Talking About?

Mike Bryant — Thu, 05 Nov 2009 09:20:00 GMT

I've always been a big fan and own a couple of his albums. I think I've watched "Beer For My Horses" too many times, probably. It's because I like listening, that I pay attention to the lines of his song. Which surprised me a little when he threw, "Spill a cup of coffee, make a million dollars" into American Ride. I would guess a lot of people missed it or guess that they know what it is, but the reality is that it's so untrue it deserves a comment.

It's the McDonald's case. Yes, that great place that loves to sue others and mistreat employees. It's the case where so many tort reform lies sprung, but almost no one has ever seen the woman. The 79-year-old woman went to a McDonald's in New Mexico with her son. She was sitting in the car, not driving as the story goes. She was attempting
to remove the lid when the coffee spilled and was burned by a liquid that was 180-190 degrees Fahrenheit when served and that it was between 165 and 170 degrees Fahrenheit when it was spilled. The coffee you make at home is 135-140 degrees Fahrenheit. She suffered horrific third degree burns to her inner thighs and buttocks. She went to McDonald's and asked for her $10,000.00 in medical costs, including the cost for debridement and skin grafting. They said no.

A jury listened to all the evidence and found that the coffee was way too hot and that McDonald's was well aware of that. But they also found the woman 20% at fault. The verdict was $200,000.00 in compensatory damages and $2,700,000.00 in punitive damages. Right off the bat, the court by rule reduced the compensatory amount by her negligence of 20%. The judge also reduced the punitive damages to $480,000.00 . The case was then appealed and reduced again. Following this the case was settled with a nondisclosure agreement. Both the woman and her lawyer have been forced to remain silent while the story has gotten bigger and bigger with each telling.

It was later disclosed that the jury came up with their number by using the amount McDonald's made in coffee sales for a day. That they came into the case thinking this would be nothing and were surprised with the way McDonald's didn't seem to care and that they had over 800 similar incidents.

Why have McDonald's and other tort reformers continued to tell the one sided story? Well, to get juries to make sure "that never happens again". To convince people that they need insurance, because it could happen to you. And to attack a good system of justice that allows ordinary people to get protection. The system worked as it should in this case, unfortunately people don't often know what really happened.

I'll continue to listen, Toby, but you missed the mark on this one. Or at the very least you are helping big business continue to take the consumer for a ride.

Originally posted at InjuryBoard by Mike Bryant

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant