Tuesday, January 24, 2012

In the "best defense is a good offense" department: A man who had pleaded guilty to DUI manslaughter stemming from a crash near Tampa, Fla., on Christmas Day 2007 now denies causing the crash that killed three of the four people in the vehicle he hit, and has sued the estate of the person whose death he admitted causing.

Now, when you talk about frivolous lawsuits, here's an example. By pleading guilty to a criminal offense, he essentially is admitting civil liability for the same incident. It's a bit difficult (uh, impossible) to overcome his own admission in the criminal case.

His lawyer, who is also his sister, filed the lawsuit. I wonder if she has any experience in personal injury claims or litigation, because it sounds like a real boneheaded move to me.
Man with a death wish? "A man was arrested on suspicion of driving under the influence Thursday over allegations he shut down San Francisco's subway system for more than two hours after driving his SUV onto the underground tracks...."

Even more seriously, he was charged with failure to obey a traffic sign. Oooh.
Some of the ways our federal government has supported the middle class.
After 16 -- yes, 16 -- years, IRS issues final regs on exclusion of damages for personal physical injury. This is not very world-shaking, but it is noteworthy that monetary recovery only relative to physical injury or physical sickness is excluded from income. In other words, if you have a recovery based on emotional distress, then the IRS regs require you to report that as income. On the other hand, "The regulations also permit the exclusion of damages for emotional distress, to the extent the emotional distress is attributable to a physical injury or physical sickness, and also permit the exclusion of damages that do not exceed the amount paid for medical care for emotional distress."

It's unfortunate that in our supposedly enlightened world, there is still a distinction drawn between bodily injury and the just as legitimate emotional or psychological injury.

Thursday, January 12, 2012

Along with terrible human tragedy, a heart-warming canine rescue story.

Here's a story on the facts of the incident.
Injured in a car wreck? In Florida, if the Republicans have their way, you will HAVE to go to the ER and not your family doctor. And, if you don't go within 72 hours, your personal injury protection insurance (no fault) claim will be denied.

At first blush, this looks like just another stupid idea by politicos who obviously need to get a life. But consider. How many of us would just not go to an understaffed, overcrowded ER, regardless of how we felt? Or, how many of us would wait a few days to see if we had any real accident-related injuries before seeking medical treatment. Perhaps, those Repubs are just trying to winnow down the number of claimants who could legitimately make a claim. Devious, and heartless. And certainly not in the best interest of the constituents the claim to represent.

Shameful.
Life Care's Colonial Hills Nursing Home in Maryville loses certification: Multiple -- multiple -- violations, including sexual molestation, medication errors, and others led to this action which in essence closes the facility and forces the evacuation of the residents.

Unfortunately, when it comes to nursing homes, these types of incidents are all too common.

Wednesday, December 21, 2011

Cuts to Social Security payments could cost 419,000 jobs. According to the Southern Rural Development Center, "If Social Security payments were reduced by only five percent, the nation’s economic output would decrease by $63 billion, 419,000 jobs would be lost and tax revenues would decrease by $7.8 billion."

If that is the case, then who are the geniuses who are crying wolf, demanding that Social Security gets cut down? My guess is that those critics don't rely on Social Security.
DUIs and insurance rates: This item focuses on Florida law, but the principles should remain the same even if you are in an East Tennessee or Knoxville DUI incident.

Tuesday, December 13, 2011

No Social Security Crisis:

It has built up a $2.5 trillion surplus, largely in anticipation of the growing numbers of baby boomers who are beginning to claim Social Security benefits. It was always expected that this surplus would shrink over time, but it is clear that the steep recession has accelerated this decline. There clearly is a need to make some changes in the program to restore its long-term funding and spending balance. But there is no crisis in Social Security and no reason to scare the daylights out of the more than 50 million Americans who depend on the program's retirement and disability benefits.

Which begs the question: who is spreading the unfounded rumor that Social Security is in imminent danger of collapse? And why are they spreading it?

Wednesday, November 09, 2011

Social media sites like Facebook being used to spy on injured workers. This is a growing phenomenon, which could spell real problems for personal injury or worker's compensation claimants especially. Some very worthwhile tips:

1.Make sure there is nothing you would not want your mother or the insurance company lawyer to see.
2.Search your name to see that what comes up is acceptable. Make whatever adjustments are necessary.
3.Check your privacy settings.
4.Don't answer emails or requests from people you don't know. (Keep in mind that because of the lawsuit process, the opposing legal team knows a lot about you and could send you an email that might make you think you know each other.)
5.Don’t accept a Facebook friend that you don’t know. Set up your Facebook to require an email before you will accept a new friend.

And, speaking as a lawyer who knows that most lawyers are way behind the technology curve, volunteer to your lawyer if you are prominent on Facebook, Twitter, or other social media. It could make the difference between a salvageable case and getting blindsided at trial.

Monday, November 07, 2011

Sober Brad Paisley pulled over for suspected DUI. My question is, why then was he pulled over?
Man to Social Security: I'm Not Dead! This part, I love: ""There could be cases where we've erroneously terminated someone," said Frank Vieria, who works in public affairs at the Social Security Administration."

I'm glad that guy's not a hit man. After all, erroneous termination is a bad thing, right?
Father fights delay in Social Security Disability payments: Terminally ill daughter died before Social Security benefits arrived.

The arbitrary five month waiting period is ridiculous. And is the "People's House" (House of Representatives) doing anything about it? No:

That bill, the Social Security Fairness for the Terminally Ill Act of 2009, was not passed before the session of Congress in which it was proposed ended.

Today there is a new bill in the House of Representatives — the Social Security Fairness for the Terminally Ill Act of 2011 — that aims to do the same thing. The bill is currently under legislative review.

What do you want to bet that the pending bill never sees the light of day?

Tuesday, October 25, 2011


The great Kittiwake camera mystery: do you know this diver? Apparently the camera, containing undated photos of Grand Cayman diving [that's the famous Sunset House mermaid in the photo] was found by a diver off the Florida coast.

Wednesday, October 19, 2011

"In case you forgot -- or didn't know in the first place -- Wendell Potter, the former head of corporate communications for CIGNA, says profits drive the insurance industry, and that its highly paid executives deceive and manipulate to put shareholders first - above the health needs of their members.

Potter, certainly a guy in a position to know, said further that "there are no government 'death panels.' The law doesn't cut Medicare benefits and it doesn't call for a 'government takeover' of health care. . . . My colleagues and I came up with that term to scare the heck out of people." (emphasis added)

Anybody else feel manipulated and deceived?
Trespassing, yes. DUI, No: DUI conviction of man who was sitting in a parked car, in a private driveway, with the motor off, is overturned by the Nebraska Supreme Court. Said the Court:


We do not believe the Legislature intended to make a citizen drinking a beer while cleaning out his vehicle parked in his driveway guilty of a crime because the vehicle is overhanging the sidewalk," Justice William Connoly wrote in the 38-page ruling.

The county court concluded that because McCave had stated that he was leaving while he was in his vehicle with the keys in the ignition and the motor off, the officers could infer that McCave drove to (his father's and stepmother's) house intoxicated. We disagree.

For once, a sensible decision from the courts. Too bad it had to go all the way to the state supreme court first.

Starving the beast: "How cuts to Social Security Administration will hurt you."

You know, I see all this talk about budget cutting and how the lower and middle income people are going to have to suffer and sacrifice for the good of all. When are the wealthy people, who can most afford to make some sacrifices, going to be called upon to do their share?
New York High Court: lack of seat belts in busses actionable at law. I've always wondered how bus companies get away with having no seat belts. This court ruling shows that they will not necessarily get off scott free. From a personal injury point of view, this is a good decision.

Monday, October 17, 2011

Tennessee lawmaker who pushed guns-in-bars law charged with DUI: You reap what you sow?