What’s the correct measure of damages in a property damage case such as the Mayflower oil spill? Is it having new sod thrown on your lawn by Exxon Mobil? Are you supposed to be satisfied when the very old pipeline is repaired? The law says you’re entitled to the difference in fair market value immediately before and immediately after the rupture, plus incidental damages. If I had a house there, I’d demand they buy it!

Driving a motorcycle can be an exhilarating experience, but motorcycle accidents are too common on our roadways. Motorcyclists can be hard to see, especially to drivers who may not be driving defensively or are being lax about the rules of the road. About three quarters of all motorcycle crashes involve a passenger vehicle. It does not matter how cautious a motorcyclist is in some accidents, as other drivers’ inattentive or unsafe driving can be to blame.

Motorcycles are often victims of negligent drivers. Motorcyclists are not surrounded by metal and only have a helmet and, hopefully, armored clothing for protection. Injuries are more likely in a motorcycle crash than in a car crash. Additionally, fatalities are more common as well. The U.S. National Highway Traffic Safety Administration found in a 2006 study which found for every 100,000 registered motorcycles, 72.34 will be involved in a fatal crash, but only 13.10 cars will be involved in a fatal accident for each 100,000 registered. This same study found the odds of a fatal crash for motorcyclists was 35 times greater per mile travelled than the risk for a passenger vehicle.

In the event of a crash, motorcyclists may be entitled to compensation.  There might be cause for compensation for their family as well. People affected by a motorcycle accident should contact a motorcycle accident attorney immediately because they are often unaware that they may be eligible to file a personal injury lawsuit or a wrongful death suit, in the most unfortunate cases. Those affected by these accidents may be unaware of all of the options that their rights under the law afford them, and even if they are aware, they may not immediately realize how much an accident can impact them in the long term.

There may be long or short term pain and suffering from crashes, mentally or physically, and this often is cause for compensation. When a motorcyclist suffers a physical injury in a motorcycle accident, he or she might be barred from going to work; enjoying previously enjoyed activities and living their previously normal life may no longer be possible. By working with a motorcycle accident attorney like Law Offices of Gary Green, motorcyclists can recover lost wages, receive payment for property damage, and other monies due to them. Punitive damages, which are to deter the defendant from causing further harm, may also be appropriate in some situations.

As the previously mentioned statistics illustrate, many motorcycle accidents lead to a fatality. If someone is killed in a motorcycle crash, there are many effects for the motorcyclist’s family like loss of companionship, financial hardship, and life-long emotional distress. Family may be entitled to recover compensation for wrongful death and loss of consortium.

If you or a love one has been injured in a motorcycle accident, know that there are motorcycle accident attorneys that care about helping you recover your due compensation. These accidents are devastating for everyone involved, and a caring, experienced attorney can help you learn your rights and help you to move on from this traumatic event.  To find out about the law and the compensation you may be entitled to, contact Law Offices of Gary Green today. You can call toll free at 1-888-442-8947 or you can email ggreen@ggreen.com for more information and your no obligation consultation.

Act 177 of 1957 created the Arkansas Public Employees Retirement System (APERS). Initially created to provide retirement benefits to state employees, APERS has expanded to include benefits for county employees, municipal employees, college and university employees, non-teaching public school employees, and other non-state employees.

Although participation in APERS is mandatory, some agencies failed to implement the law. Thanks to the efforts of the lawyers at Law Offices of Gary Green, the Montgomery County Nursing Home employees will now receive retirement benefits in the form of a combination of 401(a) qualified plan retirement accounts and 457(b) retirement accounts with the employee contributions being paid into 457(b) accounts and the employer contributions being paid into 410(a) qualified plan retirement accounts.

Similarly, employees of the Woodruff County Health Center, Lawrence Hall Nursing Center, and Hudson Memorial Nursing Home are being represented by Law Offices of Gary Green in an attempt to have retirement benefits paid to them also.

This work is beyond our normal scope of practice, but we are very proud to be able to help these employees.

In the Montgomery County case Law Offices of Gary Green worked with local attorney Robin Smith, who pioneered the case and helped us marshal it through to the end.

In Woodruff County we are working with local attorney Ralph Myers, who has likewise done an excellent job working to help us marshal the case.

We look forward to working with other law firms to further develop these APERS cases. There probably are situations other than nursing homes in which county employees, municipal employees, college and university employees, non-teaching public school employees, and other non-state employees are not receiving mandated retirement benefits.

Warranties are supposed to protect you, the consumer, from loss due to a problem with a purchased product. A product warranty is essentially a promise from the manufacturer to consumers that, even when used properly and as intended, if a product causes damage or injury, it will be replaced and/or the injured party will be compensated for their loss. Unfortunately, some manufacturers do not make good on their promise, and the warranty basically becomes worthless. This is what is known as breach of warranty.

Almost every product purchased comes with an expressed or implied warranty. This warranty may be written, verbal, or implied, meaning a product should meet certain minimal quality standards, and should not fail when used in a correct fashion or because of bad design. This is a consumer protection guarantee that the product should be free from defect and should not break or malfunction during a reasonable period of time from the date of purchase. When this warranty turns out to be worthless, it is time for you as a consumer to take action.

If a product that you have purchased turns out to be faulty and is covered by a warranty, or it has some other product liability issue, you should first try to work with the merchant or manufacturer. They should remedy the problem as covered by the warranty, but if they refuse, a breach of warranty lawsuit may be necessary to get compensation. With the help of an attorney who has experience dealing with product liability and warranty issues, such as Law Offices of Gary Green, you can get the monetary compensation you are entitled to.

Sometimes faulty products cause bodily injuries. If this has happened to you or someone close to you, it is important to know that you may also be entitled compensation for medical bills, lost wages, pain and suffering, or other losses and expenses. Your family may even be due compensation, even if you are uninjured, however, it is important to understand your rights and get representation when it comes to product liability issues and breach of warranty claims.

Sure, everyone occasionally purchases something that they may not be completely happy with. Sometimes the product isn’t what the consumer hoped it would be, but at other times, there is are greater issues at hand, and consumers are left feeling cheated or have been injured. Defective merchandise, injuries caused by products, and breach of warranty claims have many facets and should be looked over carefully by a product liability attorney. If you or a loved one suspects you might have a breach of warranty cause of action, you need to know what your options are.

For more information on a possible breach of warranty cause of action, product liability lawsuit, or other issues with faulty products, talk to one of our experienced attorneys. Your no obligation, toll free call to 1-888-442-7947 will put you in touch with a Law Offices of Gary Green products liability law expert who will answer any question you may have, and give you more information. You can also contact us by email at ggreen@gGreen.com.

We all rely on skilled physicians and those in the medical field. We trust them with the things that are most valuable to us, which are the health and lives of ourselves and the people we care about most. Doctors aren’t infallible though; they are people too, and sometimes, doctors make mistakes. Often caused by negligence, physician errors can have a negative impact on health, and sometimes these mistakes are so severe they lead to a patient’s death. No matter the cause of the mistake, as a missed diagnosis, improper courses of treatment, or other error can be classified as medical negligence or malpractice.

In the event of even potential medical negligence, those injured need to contact an attorney who knows malpractice law. At Law Office of Gary Green, experienced medical malpractice and medical negligence lawyers are ready to help. Many people are unaware of their recovery possibilities when it comes to physician and medical care missteps. Often working with a medical malpractice attorney is the best way to figure out what the next best course of action may be.

The attorneys at Law Offices of Gary Green understand the struggles that come with understanding malpractice, and they can help you understand your rights. You and your attorney will discuss your situation, and you may be entitled to compensation, and in the unfortunate event of wrongful death due to malpractice, compensation for family members may be due as well.

There are many types of negligence that warrant a medical malpractice lawsuit, and as such, Law Offices Gary Green practices malpractice law including, but not limited to, medical malpractice, compartment syndrome, and birth injury. We understand that something as seemingly simple as a doctor prescribing the wrong medication, or making an improper diagnosis could actually be devastating. Also, it is important to note that nurses and assisting physicians might have also played an important role in your situation.

Any medical malpractice effect can ripple throughout all areas of your life, especially if you end up suffering from temporary or permanent disability or additional medical issues. Doctor negligence can leave you and your family with stress, mental anguish, and financial distress due to things like medical bills and lost wages. If malpractice leads to the victim’s death, there is an additional impact on the family due to the loss of companionship from their lost loved one and a need for care and comfort. A medical malpractice suit helps to recover compensation for these hardships in such a difficult time.

Any type of malpractice could potentially impact all areas of your life, so act now if you or someone you loves may be a victim of some form of medical malpractice or doctor negligence. You need to find out if you are entitled to receive compensation. To learn more, please contact Law Offices of Gary Green today by calling us toll free at 1-888-442-7947. You can also reach out by email to ggreen@ggreen.com. We would love to offer you a no obligation consultation with an experienced, caring medical malpractice attorney to help you learn about your rights.

While drunk driving accident fatalities continue to decrease annually, drunk driving is still a problem. Drinking and driving is careless and dangerous, and drunk drivers know this. However, people continue to get behind the wheel when intoxicated, and this leads to accidents. Alcohol-related crashes can be devastating for the victim, the driver, and their families, even if only minor physical injuries occur.

In the event of a drunk driving accident, not only are victims entitled to compensation, but there may be cause for compensation for family as well. Those affected may be unaware that they are eligible to file a personal injury lawsuit or even a wrongful death suit, because they are not fully aware of the law, their rights, and how deeply they are truly impacted by the reckless actions of a drunk driver. This is why victims of drunk driving accidents and their families need to contact a personal injury lawyer like Law Office of Gary Green immediately.

For victims that suffer physical injuries, they often are impacted for their whole lives. Sometimes these physical injuries could bar them from enjoying everyday activities, or prevent them from working. They could be impacted by short or long term pain and suffering, both physically and mentally, and they may be entitled to compensation for this. These victims should consult with a personal injury attorney to recover monetary losses from lost wages, property damage, and more. They may be entitled to punitive damages as well.

Of course, fatalities are a horrible, devastating effect of drunk driving. When someone is killed in an alcohol-related crash, the loss of life isn’t the only effect. The families of both the victim and the driver could face a lifetime of mental anguish and stress. The victim’s family could be entitled to recover monetary compensation due to the loss of their loved one for this emotional distress, loss of companionship, and for comfort and care. The drunk driver’s family may also feel financial pressure, as they could endure civil litigation.

There are many negative effects for the drunk driver as well. Of course, they may be injured or even die in the crash, but even if they are uninjured, a major drunk driving effect is the feeling that life is over due to consequences they will endure. Drunk drivers can face penalties, fines, jail time, and other repercussions such as being barred from certain types of employment. If they were the cause of a drunk driving accident that harmed a victim or took a life, they will have to live with that for the rest of their lives, and might even pay for it through court-ordered penalties or civil suits.

The effects of drunk driving accidents are devastating for everyone involved. If you or a loved one have been the victim of drunk driving, you may be entitled to compensation. Contact Law Offices of Gary Green today toll free at 1-888-442-7947 or by email to ggreen@ggreen.com for a no obligation consultation with an experienced personal injury lawyer or wrongful death attorney today.

With the holiday season in full swing, it is hard to believe that it will soon be time to take down the decorations and put them in storage until next year. For many households, the attic is an ideal location to store holiday decorations. Pull-down attic ladders are permanently attached to the attic floor and fold down into the room below. When installed properly, pull-down ladders provide safe and convenient attic access without the need to locate a step stool. However, people often fail to recognize the potential risk posed by pull-down attic stairs.

Pull-Down Ladder Failure Can Cause Serious Injury
Although pull-down ladders are convenient, they can be dangerous if they are not installed or manufactured safely. When customers purchase a product, they expect that product to be safe to use for its intended purpose. When climbing attic stairs with a heavy load of holiday decorations, the last thing you want to be concerned about is the ability of the pull-down ladder to support your weight.

Attic ladder injuries that happen during normal use may occur because of a structural defect in the ladder. Common defects of pull-down ladders may be caused by flawed design, poor workmanship or the use of cheap materials. Often, the manufacturer will use inferior materials to save money during production. Unfortunately, their cost-saving measures can put customers at risk.

If a manufacturer continues to create a product that is known to be defective, they may be liable for a product liability lawsuit. One manufacturer has recently been subject to a lawsuit because of frequent hinge failure associated with their pull-down ladders. These hinges are made of a weaker metal that is subject to bending, cracking and shattering. When the hinges weaken, the ladder becomes unstable, increasing the risk of injury. Despite their awareness of the danger, they continued to sell the product, causing many people to become injured.

Hold Defective Ladder Manufacturers Accountable
If you have suffered a pull-down ladder injury, contact a product liability attorney to help you file an attic ladder lawsuit. Product liability lawsuits are an important way to hold manufacturers accountable and protect other consumers from harm. If the attorney can show that the manufacturer was negligent, you may be able to recover financially for your medical expenses and the pain and suffering you experienced due to the ladder defect.

At Law Offices of Gary Green, our experienced product liability lawyers will fight for your legal rights. Our goal is to help victims to recover financially for all expenses associated with their injuries. Because we understand that personal injury cases involve a great deal of stress and anxiety, we work hard on your behalf so that our clients can focus on healing. Our lawyers thoroughly investigate each case to maximize your chance of success. Once we establish that your injuries were caused by the ladder defect, we are able to hold ladder manufacturers accountable for their negligence.

To speak with an attorney, contact Law Offices of Gary Green at 1-888-442-7947 or email ggreen@gGreen.com.

Hundreds of thousands of people across the U.S. have had artificial hip prostheses implanted inside them.

It’s now been determined that these prosthetic devices are doing more harm than good. The metals they’re made of are breaking down in the bodies of patients who have undergone hip replacement surgery. The blood in these patients shows extremely high levels of cobalt and chromium, two of the main metals used to make the hip prosthesis.

It’s unclear as to when hip replacement manufacturers knew that their devices were defective. What is clear, though, is that patients are paying the price.

“People who’ve gone through a very difficult surgery in the first place now have to go through a second surgery to have the hip prosthesis taken out,” says Gary Green, P.A., and President of the Law Offices of Gary Green.

In the meantime, Green says, these patients have to deal with toxic blood poisoning and corrosion of their artificial hips.

Almost all manufacturers of metal-on-metal hip replacement prostheses have come under fire for their faulty implants. These companies include Stryker Orthopedics, Biomet Inc., Smith and Nephew, Zimmer Holdings Inc., Jonhson & Johnson, and DePuy Orthopedics.

Stryker, in particular, is in the spotlight now for its recent voluntary recall of many of its hip prostheses.

According to Green, the voluntary recall isn’t really a noble act on the part of the manufacturer. The company essentially had to choose between a voluntary recall or a forced recall by the U.S. Food and Drug Administration, or FDA, which would have been more stringent.

“Stryker is acting like a typical insurance company in these recall cases,” says attorney Green. “They’re contacting those who have these defective hips in their bodies and letting them know they’ll cover the medical bills. But they’re not offering to pay them any extra money to go through surgery again.”

An attorney can help secure compensation beyond doctors’ visits and new hip replacement surgery. Patients may also be entitled to payment for pain and suffering and punitive damages.

There are three basic ways to approach a settlement:

• Attorneys may be able to help some patients settle directly with the manufacturers outside of court.
• Class-action cases are beginning to be filed across the country, so patients have the option to try to join one of those. Be advised, though, that there’s a place for class-action suits, and there’s a time to avoid them. These lawsuits are ideal for very small claims that couldn’t have been brought on individually.
• An individual claim is the best option in the case of a hip prosthesis gone awry. A lawsuit individually handled and filed will likely result in a better outcome for the individual patient than a class-action suit.

“To get the full value of an individual case, an individual suit is going to have to be filed,” says Green.

- Lucy Carmel, THELAW.TV

If you or someone you know has suffered as the result of a defective hip implant, regardless of manufacturer, contact Law Offices of Gary Green today at 1-888-4GARYGREEN or ggreen@ggreen.com to discuss your legal options without obligation.

The decision to place an elderly loved one in a nursing home isn’t an easy one. At a certain point, however, it’s the right thing to do. By staying involved in your loved one’s life, you can minimize the risk of nursing home abuse and neglect. With the holiday season rapidly approaching, it’s the perfect time to revisit a few key things to look for when placing a loved one in a nursing home. It’s also a good time to be especially mindful of signs of nursing home negligence.

Finding the Right Facility

Regardless of the time of year, it’s crucial to take your time while looking for a nursing home for your loved one. By being aware of the signs of elder abuse and neglect, you will have an easier time placing your relative in a safe and pleasant facility.

Visit several nursing homes. Pay attention to the demeanor of the residents. When you see an employee, make a point of saying hello. How are you treated? Are the employees courteous and friendly, or do they basically give you the cold shoulder? Try to speak to at least a few residents as well. Do they seem happy? If a resident’s relative is present, speak to her as well. Is she happy with how her loved one is being treated? Pay attention to the quality of the facilities too. Are they maintained well? Are they neat and clean? If not, it’s probably not the facility for your loved one.

Know the Signs of Nursing Home Abuse and Neglect

You’re sure to visit your loved one even more frequently during the holidays. While doing so, be on the lookout for common signs of abuse and neglect. If your loved one seems withdrawn, unusually quiet or depressed, something could be wrong. If your loved one has been suffering from poor hygiene or seems to have trouble with his medications, he may not be receiving the care he deserves. How does your loved one respond to employees at the facility? If he seems wary or nervous, it might be because he is not being treated well.

Ensure the Ongoing Proper Treatment of Your Loved One

The best way to ensure the ongoing proper treatment of your loved one is by visiting him regularly. By being involved, you will be able to advocate for your loved one more effectively. Get to know an administrator at the facility and ask to be kept in the loop about changes in personnel, roommates and other situations.

Fight Back Against Nursing Home Negligence

If you suspect that your loved one is being abused or neglected, you need to act quickly. With the help of an experienced and competent elder abuse lawyer, you will be able to bring an Arkansas nursing home lawsuit against the facility. In many cases, this is the only way to give abused nursing home residents a voice. Fortunately, getting started is easy. Just contact Law Offices of Gary Green by phone at 1-888-442-7947 or by email. Your loved one may be entitled to compensation, and the professionals at Law Offices of Gary Green will work to ensure that the negligent parties are held responsible.

The American Association for Justice (AAJ) has compiled a slide show that exposes the U.S. Chamber of Commerce’s actions to close the courthouse door on American businesses and consumers, bail out Wall Street, protect polluters, and drown elections in corporate money.

1. First in Line for a Bailout

Even after the calamitous collapse of Enron, WorldCom, Tyco, Lehman Bros., Bear Stearns, and AIG, the U.S. Chamber kept fighting for weaker regulations and less accountability for its big Wall Street members. Yet when the market collapsed under the weight of Wall Street schemes gone wrong, the Chamber was the first to plead for massive, unconditional bailouts.

2. The Leading Denier of Climate Change

The U.S. Chamber has been one of the world’s leading opponents of policies to curtail climate change, even threatening to sue the Environmental Protection Agency over its reform efforts. Major companies, such as Apple, and energy companies PG&E, PNM Resources, and Exelon, have left the organization in protest of the Chamber’s climate change stance.

3. Do As I Say, Not As I Sue

The U.S. Chamber’s Institute for Legal Reform spent more than $226 million in the past decade lobbying the federal government to restrict Americans’ ability to hold corporations accountable when they are harmed by dangerous products and services. At the same time, the Chamber’s National Chamber Litigation Center engages in an average of two lawsuits a week on behalf of its multinational corporate members.

4. Big Business Only

The U.S. Chamber claims to represent small businesses, but 55 percent of its funding comes from just 16 giant corporations. Major corporations dominate the Chamber’s agenda to such an extent that many state and local chambers have abandoned the national organization.

5. Beholden to Foreign Corporations

Even being a major U.S. corporation isn’t always enough to win the U.S. Chamber’s favor. Foreign corporate members of the Chamber often get priority treatment over American companies. After multiple Middle Eastern petroleum companies began contributing to the Chamber, the organization pushed against limiting dependence on foreign oil, saying such measures were a “job-killing energy tax.” In another instance, the Chamber flew Hill representatives to France to be wined and dined with Airbus executives, when the European manufacturer was in direct competition with U.S. manufacturer Boeing.

6. Drowning Elections in Corporate Money

The U.S. Chamber threatens the nation’s democratic process by secretly pouring hundreds of millions of dollars into state elections on behalf of their own pro-corporate candidates, often to the dismay of state and local chambers of commerce that prefer not to enter into the electoral process. At least 40 local chambers of commerce have abandoned the national organization in response.

7. Tampering with Juries

Not content with closing the courthouse door to individuals while they fill it with suits on behalf of their corporate clients, the U.S. Chamber has consistently been linked with attempts to tamper with juries. The Washington Post identified the Chamber as “one of a growing number of advocacy groups that blur the distinction between legitimate media and propaganda to promote their causes.” And in one case, after disgraced accountancy firm Arthur Andersen was convicted of witness-tampering, the Chamber filed a brief in their defense claiming the corporation’s actions were acceptable because they were “part of numerous businesses’ everyday routine.”

8. Stepping Up for the World’s Worst Polluters

After causing the worst oil spill in U.S. history, UK-based BP turned to the U.S. Chamber to thwart any punishment or regulation federal and state lawmakers would try to impose on the corporation. The Chamber and BP have a long history together, so it didn’t come as too much of a surprise when shortly after the oil started gushing into the Gulf of Mexico, U.S. Chamber CEO Tom Donohue leaped to BP’s defense, saying that American taxpayers should help pay for BP’s mess. This statement came just days after Donohue chided President Obama for taking responsibility to ensure the spill was cleaned up.

9. Pushing the Corporate “Get Out of Jail Free” Card

Forced arbitration is the corporate “Get Out of Jail Free” card, and no one has pushed it harder than the U.S. Chamber. Time and again the Chamber pushed to take away Americans’ right to justice by placing pre-dispute forced arbitration clauses in the fine print of contracts. These ubiquitous clauses force Americans into a private system of “justice” that is largely controlled by the major corporations who have harmed them. And there is no way to appeal if you lose. Anyone who has a credit card, a cell phone, or a mortgage and many who have a family member living in a nursing home have probably been forced to sign away their legal rights. And most probably won’t know they have until they try to take a dispute to court. The U.S. Chamber has been a leading advocate of these contracts for consumers, but, not surprisingly considering its two-faced attitude to all things justice, the Chamber also opposes arbitration when it comes to union contracts, where workers would have the upper hand.

10. Funneling Special Interest Money into Washington

Having spent nearly a billion dollars lobbying Congress since 2000, the U.S. Chamber has succeeded in poisoning Washington with money funneled from big businesses into their own pet projects. Oil and gas companies, drug companies, asbestos companies, chemical companies, and others have all enjoyed massive political and media campaigns in support of legislation that would benefit their industries but are extremely unpopular with the public. This arrangement allows the Chamber to be the bad guy while the corporations get favorable laws and anonymity. Of course this service comes at a steep price. Undeterred by the unwelcome attention of the IRS, the Chamber even maintains separate accounts to hide the money used to dispense its multimillion dollar favors.