Thursday, 5 July 2012 12:33

Personal Injury

Written by Law Offices Of Gary Green

Law Offices of Gary Green has offices located in Little Rock, Arkansas, and Memphis, Tennessee. Our lawyers are familiar with the individual laws of both states, and practice in the following types of injury:

 

The injured should consult a personal injury attorney as soon as possible. Not having a personal injury attorney can lead to problems with proving a case, obtaining fair compensation and possible issues arising from statutes of limitations.

We accept personal injury claims on a contingent basis. All cases are unique, so call us toll free and without obligation at 1-888-442-7947 to discuss. You may also send us an e-mail at ggreen@gGreen.com if you have questions or need additional information.

Thursday, 14 June 2012 11:59

Reflex Sympathetic Dystrophy

Written by Law Offices Of Gary Green

Reflex Sympathetic Dystrophy (RSD), also known as Complex Regional Pain Syndrome (CRPS) is a chronic, progressive neurological disorder. Symptoms associated with RSD and CRPS are:

  • Burning Pain
  • Excessive Sweating
  • Swelling
  • Extreme Sensitivity to Touch

 

There are two types of RSD and CRPS. Type one involves no nerve injury. Type two involves nerve injury.

RSD/CRPS normally affects individuals between the ages of 40 and 60 and is three times more likely to occur in women than men.

Two possible causes of RSD/CRPS are injury directly to the nerve or injury or infection in an arm or leg.

Currently, there is no known prevention for RSD/CRPS.

If you or a loved one is suffering from RSD or CRPS due to injury call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 to discuss your legal options or send us an e-mail at ggreen@gGreen.com.

The answer is simple: risk reward ratio. Medical Negligence, Nursing Home and Products Liability cases do not settle with a few letters and phone calls. They resolve, if at all, after expensive, protracted litigation. The odds of obtaining a verdict in a Medical Negligence, Nursing Home or Products Liability case are low as compared to suing, for example, a drunk driver. And many times in Medical Negligence, Nursing Home or Products Liability cases there is the need to bring in additional counsel who has experience with a particular product or type of case. These additional fees are paid by the attorneys, negotiated between themselves, with the client’s acknowledgment , but not at additional expense to the client.

At Law Offices of Gary Green expenses on Medical Negligence and Products Liability cases usually run 25 times higher than for general negligence cases!

It is impossible to know how much expenses will be for any case until the case is over, but suffice it to say expenses in Medical Negligence, Nursing Home and Products Liability cases usually run in the scores (if not hundreds) of thousands of dollars. Attorneys in Medical Negligence, Nursing Home and Products Liability cases have to hire professional experts to prove the cases. The requirement for proving one’s prima facie case by expert testimony in Medical Negligence cases is by statutory law. The very definition of Medical Negligence is proof, by expert testimony, that the care rendered by the defendant fell below the standard of care for that particular jurisdiction. Especially in Medical Negligence cases, local experts do not want to testify against local defendants. That means we have to fly in out-of-state experts who charge literally thousands of dollars for every hour they are away from their home – some of them bill even when they are sleeping!

Finally, it is often more difficult for a jury to find against a doctor, hospital, nursing home or company that manufactures products. Health care professionals, engineers and company representatives are revered in this country. They are well educated, suave and usually work with, employ or treat many of the potential jurors. Using the drunk driver analogy again, a juror is much more likely to find against a drunk driver than a doctor, hospital, nursing home or company representative.

So there you have it. Higher expenses and less chance of success are why fees go up, usually from 40% to 45%, in Medical Negligence, Nursing Home and Products Liability cases.

Some people can and should handle their own personal injury motor vehicle collision case, keeping the lawyers out of it, reducing costs and making things happen quickly. A good example of when most lawyers would agree with me on this proposition would be on the property damage part of the personal injury claim. To get the lawyers involved to settle the value of your wrecked car usually slows down the process – they are in the middle between you and the adjuster, and things just do not move as quickly when you have to consider a third party’s schedule.

But will the adjuster treat you fairly on the property damage claim? Well, never forget that our civil justice system operates as an adversarial process; and educate yourself as to the value of your property damage claim. If you realize it is the adjuster’s job to settle the claim as inexpensively as he can, and you know what your claim is worth, there is no good reason that you cannot get close to the value of the property damage by dealing directly with the adjuster. If you cannot, then bring in the lawyers (but perhaps at a price).

Now is a good time to mention that Law Offices of Gary Green does not charge a fee for handling the property damage portion of a personal injury claim. If you do not like the stress of dealing with an adjuster and you are not in a rush that a third party attorney could slow down, you might want to just let us handle it for free.

Having said that, if you find the handling of the property damage claim stressful or distasteful, you certainly will not enjoy handling the personal injury part of your motor vehicle collision case!

For the more adventurous, I will offer some general pointers:

1. Put the offending party and the insurance companies on notice, in writing, that you will be handling your own claim. Keep a paper trail.

2. Go ahead and collect the documents that will not change. E.g., get the hospital bills and records if you have been released from the hospital; but do not get your doctor’s bills and records until the doctor has released you. (You do not want to pay for a bunch of records and then have to do it again after more treatment).

3. Realize that before the negotiation is complete you should have compiled every piece of paper, every item that possibly relates to your case – the police report, newspaper articles, medical bills and records. If in doubt about whether you need to get something, get it!

4. Once you are in a position to evaluate the case, send a demand to all possible insurance companies and defendants. This might be the week after the wreck if your bills are high and the available insurance/assets are low. Be careful here! If you are dealing with more than one insurance policy (whether liability, underinsured motorist coverage or uninsured motorist coverage) you should hire a lawyer. Settling with one company or one defendant can inure to the benefit of all defendants or insurance companies! Remember, it is an adversarial system!

5. Negotiating a claim can be like negotiating for other things of value. A first offer and a “final offer” usually are not the last offer you can coax.

6. Evaluating the claim is the hard part. “Comparable sales” reasoning can apply, but cases are unique – more so than real estate is unique. The value of claims can vary greatly based solely on the conduct of the defendant. (If a drunk driver caused the wreck you will receive more than if the same injuries had been caused by a sober driver). Beware of formulas! If someone is in a wreck and dies in the ambulance on the way to the hospital, do not tell me the value of their case is a multiple of the ambulance bill!

7. Realize when you sign a release, it is over. You cannot go back if the money you accepted turns out not to be enough to cover your future needs. If you are ever going to consult an attorney, do so before you sign a release!

When I pay my taxes, I hire a CPA to prepare my return. Could I do it myself? Of course, but doing it only once a year does not keep me sharp enough to know what all I might be missing. While my CPA is expensive, I am convinced he saves me more in taxes than what I pay for his services. Most of the time, particularly with the more serious cases, the same applies to hiring a lawyer. The lawyer’s fee can be a bargain when it comes to the added value the lawyer can bring to the case.

At least, consult a lawyer. You can consult with us for free. At Law Offices of Gary Green there is the no recovery, no fee promise. No recovery, no fee and no expenses. And when there is a recovery, we promise our fee will not be more than your recovery.

Tuesday, 6 July 2010 21:47

Personal Injury

Written by Law Offices Of Gary Green

There are virtually no injuries that we have not handled at Law Offices of Gary Green. The vast majority of our practice is devoted to personal injury and wrongful death claims. Many of these cases are successfully resolved without having to file suit because of our extensive experience with the law and claims management.

At Law Offices of Gary Green, we understand that injury in a personal injury case means more than the physical injury itself. We take into account our client’s future employment, foreseeable medical treatment and costs, future rehabilitation, vocational retraining, economic loss, and mental health issues. We understand that injuries may have psychological components that impact a client’s life that have to be taken into account as well. Even a routine accident without devastating injuries, frequently results in Post Traumatic Stress which can impact a person’s marriage, job, and normal functioning in society.

Having a lawyer is essential in a personal injury case because the insurance companies’ claim’s adjusters are paid to save their company money. The insurance industry’s own statistics concluded that those who retain lawyers to help them with their personal injury and wrongful death claims fare better than those who do not. That is reason enough to seek out a good law firm to help you.

We accept personal injury claims on a contingent basis. All cases are unique, so call us toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com if you have questions or need additional information.

Friday, 21 May 2010 22:18

School Bus Wrecks

Written by Law Offices Of Gary Green

Every day parents put their kids on school buses assuming they are safe and in good mechanical condition. On any given day, approximately 47 million elementary and secondary school children board a yellow school bus, yet remarkably few of these buses have seat belts, and an alarming percentage have either not been properly inspected or failed inspection altogether.

While responsible parents would never put their children in an automobile with bad brakes or allow them to ride in an automobile without the use of a seatbelt, the ubiquitous yellow school bus is a vehicular dinosaur.

Though most states have proposed legislation mandating seat belts on school buses, only a handful actually have them. Even fewer mandate their usage. Studies show that students riding on belt-equipped buses roam the aisles less frequently and are more likely to remain seated. Additionally, bus drivers report being less distracted because they have to spend less time handling student misbehavior and can concentrate more on driving safely.

Seat belt opponents argue that school buses already are the safest form of transportation on the road and that equipping buses with seat belts would reduce overall capacity. Private contractors, as well as many school officials who operate a third of the nation’s school buses, have fought the installation of lap belts on school buses for more than 30 years. For the most part, federal and state governments have gone along with them.

Parents should also be reassured that when they put their children on a school bus each day that the vehicle is safe and has passed a recent inspection. Yet surprise inspections throughout the country have shown that nearly 80 percent of these buses fail inspection—over half of which fail for mechanical reasons.

In a recent survey of school bus mechanics, the braking systems were the most common concern expressed. While the effect of wear and tear may seem obvious, many brake problems are concealed. The brakes may appear to be functional when actually little force is being applied to the brake drums. Ideally, all wheels should be doing an equal amount of work, applying and releasing at the same time. Something as simple as maintaining air pressure in the braking system, can prevent a catastrophic failure. Misalignment or brakes that are out of balance are unseen problems, but certainly can be felt by the driver. It is not enough to repair a problem once a defect is found because of the inspection process; inspection programs must be thorough and preventative in nature, and drivers need to know how to recognize a problem before it becomes an incident. In the event of a serious injury, defective brake issues should be thoroughly explored by experts who have full access to the brakes before changes are made.

School buses should be designed to ensure the safety of the millions of children they transport annually and maintenance and proper inspection of these buses should be the rule and not the exception. Any school bus wreck that transpires is not an accident if the problems that cause them are well known. The National Coalition for School Bus Safety found that some operators are making money by running unsafe buses by waiting for state inspectors to identify defects rather than doing preventative maintenance because it would mean removing the bus off the road for a period of time.

Parents have a right to expect that buses are designed and maintained to minimize student injuries. If a member of your family or someone you know has been injured as a result of a collision involving a school bus, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:15

Truck Accidents

Written by Law Offices Of Gary Green

Representing victims of truck accidents and tractor-trailer wrecks presents a challenge and complexity not experienced in other types of wrecks. The attorneys of Law Offices of Gary Green have risen to that challenge many times. The resulting catastrophic injuries alone make trucking accidents and tractor-trailer wrecks distinct from all others, but the resulting compensatory offers make these wrecks dangerous to the unwary even after the wreck. Our experienced lawyers know what you can expect to face and can help you find justice—no matter how evasive it may seem.

A trucking accident and tractor-trailer wreck that involves a motor carrier regulated by the U.S. Department of Transportation (DOT) has built-in protection for an injured consumer. The problem is that the carriers will not disclose that they have excess insurance policies beyond the primary policy without your filing a suit:

  • They will not tell you that the driver of the DOT-regulated vehicle is their statutory employee, regardless of the fact that the driver might be an owner-operator and might have a contract with the regulated company, which refers to the driver as an owner-operator.
  • They will not tell you they are responsible for the actions of that driver as long as the driver acted within the scope of that statutory employment.
  • They will not tell you they have valued your claim at 5 times or 10 times the set amount when they are really only offering you the base amount for a full release of your right to sue.

Before sorting out all the experts for proving the catastrophic injuries, experts should be consulted regarding liability. It is not an accident when the risks for tractor-trailer wrecks are well established and can be avoided. A reconstruction expert should be called while evidence is still fresh. Reliance on old evidence can disqualify an otherwise good expert and keep the video reconstruction that helps the jury follow your theory of liability out of evidence. Satellite GPS records and electronic control modules must be identified and read before they are destroyed – usually within 90 days as a standard operating procedure for most companies.

Almost every 18-wheeler case should plead negligent supervision, negligent hiring, and negligent retention, as these facts usually are usually borne out through discovery all the way up to trial. The driver’s logs, driver qualification file, and driving record should be reviewed. Then depositions should be taken of the trucking company’s safety director, corporate representative,

relevant dispatcher, and others having knowledge of the wreck.

The condition of the tractor-trailer and its brakes should be considered. Trucks are often poorly maintained and driven by truckers with serious safety deficiencies. An alarming number of these drivers are fatigued, under the influence of drugs, or medically disqualified to drive a truck.

We have handled claims against

  • Watkins & Shepard Trucking, Inc.
  • Cal-Ark International, Inc.
  • USA Motor Express
  • J&P Trucking
  • Autobahn Freightliners LTD
  • National Bus Carriers LTD
  • Weston Transport
  • Woody Bogler Trucking
  • USA Truck, Inc.
  • Landstar Ranger, Inc.
  • Graham Trucking, Inc.
  • Stuart Small Trucking
  • Star Transportation, Inc.
  • A&J Transportation
  • West Florida Transport
  • Clarksville Refrigerated
  • D&H Trucking
  • Werner Enterprises
  • All American Bottling Corporation, LLC
  • Callaway Transfer and Storage
  • PSM, Inc.
  • Gail Stuart Trucking, Inc.
  • Willis Shaw Express, Inc.
  • Paccar, Inc.
  • Central Hauling Company
  • J.L. Trucking
  • Jacobson Transport Company, Inc.
  • Strimbu Transport, Inc.
  • Lance Trucking, LLC
  • Roadway Express
  • Schneider National, Inc.
  • JNJ Express

There is a lot of work to be done, and it takes a lot of money and people to do it. Law Offices of Gary Green has been there before. If you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation, 1-888-442-7947; or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:13

Drunk Driving

Written by Law Offices Of Gary Green

Alcohol is an integral part of American life and is one of the most readily available consumer products on today’s market. It is cheap and often marketed toward young people as an acceptable part of popular culture. However, while drinking is a normal accompaniment to most social events, our society no longer considers drunk-driving crashes as unavoidable accidents. More than 100,000 deaths are attributable to alcohol consumption each year, and the economic costs associated with alcohol problems total more than $100 billion annually.

For victims who survive a drunk-driving crash, the crash itself is just the beginning. In a split second, their lives are changed forever and it becomes a daily struggle emotionally, physically, and financially. In many cases, the offender often walks away with minor injuries or no injuries at all and receives an insignificant punishment or is sentenced to a few months in jail. The victim, on the other hand, often sustains serious injuries that result in paralysis, coma, traumatic brain injury, or life in a vegetative state.

For the families of a loved one involved in a serious drunk-driving collision, life is suddenly interrupted, and tragic consequences soon follow. Life becomes a prison, not only for the seriously-injured victim, but also for the care-giving family members who must adjust to the day-to-day challenges of becoming an around-the-clock caregiver. Their life is put on hold. They lack the energy to maintain normal activities, become overwhelmed with emotion, and struggle to cope with the unrelenting demands of day-to-day life.

Financially, the costs for medical treatment can be astronomical, as the offender often has no insurance. Prescriptions, therapy, and respite care can become all consuming. In many cases, the injured person will end up permanently disabled and begin receiving disability payments much less than their regular income.

As if the sorrow that follows is not enough, dealing with the legal ramifications can be overwhelming. Many victims of these tragic collisions describe life afterwards as a scream that will not come, forever haunted, because life is never again the same as it was before the wreck. The right lawyer can help alleviate the worry and stress that comes with the legalities of the situation. Law Offices of Gary Green has the right attorneys for you. We are a corporate sponsor of Mothers Against Drunk Driving (MADD). MADD’s mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. Law Offices of Gary Green contributes to MADD in honor of every victim it represents against a drunk driver.

If you or a loved one has become the victim of a drunk driver, or if you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:10

Car Accidents

Written by Law Offices Of Gary Green

Motor vehicle collisions are road traffic incidents which usually involve at least one road vehicle colliding with another vehicle, another road user, a stationary roadside object or tire failure, and which usually result in injury or property damage. On average, there are more than 6 million car collisions on the roads of the US, annually.

More than 3 million people are injured due to motor vehicle collisions, with more than 2 million of these injuries being permanent. There are in excess of 40,000 deaths due to car wrecks every year. About 40% of fatalities occur because of a drunken driver. About 30% of fatalities can be attributed to driving above the speed limits and 33% and above, because of reckless driving that causes the car to go off the road and result in a wreck.

The majority of motor vehicle collisions could be avoided if only the vehicle’s operators drove more responsibly. Unfortunately, drivers can be easily distracted by so many things such as conversations with passengers, playing with the radio, eating or drinking, and talking on cellular phones. The collisions that ensue are not accidents if the drivers were responsible for their vehicles. Even if you are a responsible driver and do not give in to distractions, that does not guarantee that you cannot be involved in a collision due to the fault of another careless driver. Knowing how to drive is not enough anymore with so many vehicles on the road. However, knowing how to drive defensively and being cautious of other drivers is one way to improve one’s chances of avoiding a motor vehicle collision.

If you have been involved in a motor vehicle collision, have questions or need additional information please call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:07

Railroad Crossing Litigation

Written by Law Offices Of Gary Green

A train kills someone every one hundred minutes in America. There are more than 300,000 public rail grade crossings in the United States:

  • More than 80% do not have lights and gates
  • One third have no active warning device of any kind
  • For many of these crossings, warning time is often minimal to nonexistent and pedestrians and motorists are made unknowingly susceptible to the liability of an approaching train
  • Occupants of a motor vehicle that collides with a train are 40 times more likely to die, than if they had collided with another motor vehicle
  • More than half of all railroad mishaps occur at these unprotected crossings

With all this information it is hard to consider any damage sustained by unsafe railroad crossings as simple accidents. For those lucky enough to survive, the injuries sustained are typically life threatening, requiring extensive surgical intervention, many necessitating amputation. The injuries resulting from a child playing on or around railroad tracks or a motor vehicle’s collision with a train only emphasizes the need for limited access to railway areas and increased warning devices.

Trains cannot stop in time to prevent a collision from occurring. While an automobile traveling 50 miles per hour requires approximately 50 feet to come to a stop, it takes a train over a mile and a half, more than 150 times longer, to stop traveling from the same rate of speed. While grade crossing warning signals have become more high tech and rail traffic has steadily increased, the railroads responsible for maintenance have continuously reduced their workforce, leaving the public at increased risk.

At Law Offices of Gary Green, we have experience and familiarity with railroad crossing litigation. Liability can be established against the railroad by proving vegetation was allowed to grow too high in the right of way, blocking the view of both the engineer and the driver of the vehicle. Often, engineers do not blow the required whistle sequence because the whistle is so deafeningly loud in the cab of the train. However, the train’s black box can be retrieved which will show use of the whistle and speed of the train prior to impact. Communications between the train crew and dispatchers are recorded. These recordings, through contentious discovery, can be key in establishing liability against the railroad.

If you or a loved one has had an injury involving railroad crossings or a train collision, or if you have questions or need additional information, call Law Offices of Gary Green toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.