St. Cloud Personal Injury Lawyer - frivolous lawsuits

Grand Standing Illinois Senate Candidate: Does He Really Care About Health Care?

Mike Bryant — Fri, 07 Aug 2009 16:33:00 GMT

Interesting to read the stories of Illinois U S Senate candidate, Mark Kirk's (R-Ill.) candidate's speeches this week about health care. Seems like up until now he's never cared much about the issue. But, it's a popular topic, so he comes to a press conference flanked by a couple of doctors and leadership from the U S Chamber. Now that's a group that has the American consumer in it's sights.

They purposely put forward:Let's limit all of the lawsuits and make a couple of modest insurance changes. Each of the changes seemed focused almost exclusively on saving money for the insurance companies. Never mind that the Injuryboard members have been documenting for some time now that malpractice rates are down and that medical malpractice is a very small part of the overall budgets and that this frivolous tort reform doesn't work.

But, candidate Kirk really isn't out there to help the system. This is purely a tip of the passed hat. He's raising money with the insurance companies and big business. At least call it what it is. While others are working hard to create a system to help all consumers, he is just looking for the campaign money. Hopefully, Illinois voters will see it for what it is.

Originally posted at InjuryBoard by Mike Bryant

The Court Filings Tell The Truth About The Number Of Tort Cases

Mike Bryant — Mon, 27 Jul 2009 20:06:00 GMT

In a follow up, to a blog I did earlier in the year, it's worth noting that the Minneapolis Tribune picked up the same story today. The number of overall court filings are up in Minnesota , but civil filings are down and make up a very small part of all cases. Despite the frivolous claims of the The U S Chamber for Legal Reform, there is no tort crisis. Other than people with these claims can't get their cases to court because of all the other cases that are filling the system. Don't agree? check the numbers yourself:

In 2008 there were 1,939,512 total court filing

40,580 of those were civil filings.

4,225 were Personal Injury claims
208 of those were Wrongful Death
129 were Medical Malpractice

Also there were 14,143 other civil, but no specific category for business lawsuits. It is always interesting to see how often, companies that are at the heart of the tort reform movement, are involved in so many suits themselves. They seem to see the use of the court as their constitutional right in those cases.

Originally posted at InjuryBoard by Mike Bryant

The McDonald's Case: No Not That One

Mike Bryant — Thu, 02 Jul 2009 09:38:00 GMT

Oh! how McDonald's and tort reformers around the country have trashed the woman who was burned with OSHA-violating coffee in her private parts. The case was settled with with a nondisclosure clause, so you have never heard from the woman. The tort reformers went to work and turned this into the horrible frivolous claim that hurt poor McDonald's.

But, this post really isn't about that case. It's about how McDonald's treated its employee. A man who stopped a customer from being punched at the store and who himself was shot. The justice he received was no coverage. Yep, he was outside the area of his employment. Watch the video and see if you agree:

http://www.youtube.com/v/rwhw-Inji0k&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1"> name="allowFullScreen" value="true">http://www.youtube.com/v/rwhw-Inji0k&color1=0xb1b1b1&color2=0xcfcfcf&hl=en&feature=player_embedded&fs=1" type="application/x-shockwave-flash" allowfullscreen="true" allowScriptAccess="always" width="425" height="344">

This is that beacon for corporate injustice. Looks like a frivolous defense to me.

Originally posted at InjuryBoard by Mike Bryant

This Week With George Will And His Ongoing Illogical Lawyers Attack

Mike Bryant — Mon, 04 May 2009 09:51:00 GMT

I was watching This Week With George Stephanopoulos again this Sunday, and got to hear from the ever lovable George Will. It's really sad how illogical he has gotten. This week's topic was the first 100 days of the Obama administration and in particular what to do with the torture issues that the Bush Administration had left behind. Should lawyers be prosecuted for illegal memos? Personally, I'd like to see us look ahead and deal with the huge problems the country faces. But, I understand the disgust and need for justice concerning the illegal activity.

Will goes into the whole Karl Rove "attack the lawyers" idea, stating that if meretricious lawyering is going to be found illegal, it is going to put a growth industry out of business. Really George? What industry has been built on the providing of illegal advice? Who are you calling prostitutes? It's part of his ongoing attack on the rights of the consumer to protect themselves in civil court. But, it does protect his big business buddies.

It is wholly intellectually dishonest to even bring his frivolous tort reform arguments into this topic. But, he's talking about lawyers, so I would guess his mind is on autopilot. He needs to be called out for his unsupported and dishonest asides.

Originally posted at InjuryBoard by Mike Bryant

George Will Needs To Take Responsibility For Poor Research

Mike Bryant — Sun, 11 Jan 2009 16:43:55 GMT

Today, the local paper included a poorly supported editorial from George Will aimed at trial lawyers, but throughly threatening all consumers. In what was really just a rewrite of the recent US Chamber attacks, he argued that we are victims of too many lawsuits. Unfortunately for him, the facts don't support him.

Other members of the Injuryboard have been pointing out the weaknesses already. The numbers of lawsuits aren't increasing, the information he relies upon is biased and this is just a front for the chamber's arguments. I previously looked at the play ground claims.

It's interesting that he uses the numbers of new lawyers each year, as if it means something. It would be like using English major graduates to say we are going to see more news articles. I believe that in the past, he would quote Shakespeare in the same type of attack until , it was pointed out that the quote actually meant the opposite of his misuse.

Trial lawyers continue to protect the rights of those who have been injured. At a time when big business continues to be shown to be even worse protectors of the public good then we all hoped, it's imperative that we continue on the fight. Are there some questionable cases out there? Sure. But, it seems a lot like looking at this editorial, which is filled with folklore and half truths and saying all editorials should be stopped. Will should stop shilling for the US Chamber and get back to something he knows about.

Originally posted at InjuryBoard by Mike Bryant

Article Finds Less Civil Trials, Lower Average Verdicts And More Success For Plaintiffs.

Mike Bryant — Sun, 23 Nov 2008 09:38:00 GMT

In a recent report, the U.S. Department of Justice looked at recent civil trial numbers and verdicts. The report found a major drop in the number of civil trials, with numbers decreasing by 52 percent from 1992 to 2005 in the nation's 75 most populous counties. The report also found the median final award had decreased, from $72,000 in 1992, to $43,000 in 2005, but that Plaintiffs won in 56 percent of all general civil trial cases.

The fewer number of trials supports the conclusion that a majority of courthouses are seeing around the county. The whole myth that there are growing numbers of civil trials is absolutely false. The impact of those trials also blunts those same myths as to the unsupported contention that there are juries just eager to give away money.

Making the choice to go to trial is not an easy one. Asking a group of people that you have never met to make determinations as to your past and future is scary for any plaintiff. Going to trial with a Certified Trial Specialist is one way to assure you have a time tested attorney on your side. Also asking the right questions about the experience that a potential attorney has, can give you the assurance that you have the right advocate on your side.

Some of the advantages in hiring an attorney who has tried a number of cases include:

1) The experience to advise you as to the value of each demand and settlement offer.

2) The assurance that the other side knows that they will try the case. This can lead to fairer offers and less posturing.

3) The confidence that your trial will be properly presented to the judge and/or the jury.

4) Someone on your side to deal with the Delay, Deny, Defend tactics of some of the worse Insurance companies.

Originally posted at InjuryBoard by Mike Bryant