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 22:41

Stock and Securities Fraud

Written by Law Offices Of Gary Green

Stockbroker fraud or negligence can include misrepresenting stocks or risks, recommending unsuitable stocks, charging excessive transaction fees, or failing to diversify an investor’s portfolio. It is a stockbroker’s responsibility to consider their client’s best interest in all investment transactions.

Most investors have little time to properly research the myriad of entities whose securities trade each day. As such, the majority of investors leave that task to stockbrokers and financial planners. Unfortunately, some of those investors end up wishing they had done their homework themselves.

The overwhelming majority of investment professionals are honest, hard working individuals. Nevertheless, each day stockbrokers are accused of cheating their clients. The increase in security-related lawsuits over the last two decades is startling.

It seems that almost daily we hear national news stories about investors losing substantial amounts of money in their investment portfolios. Unfortunately, many of the losses are attributable to securities fraud.

Often, victims of investment fraud have lost a significant portion of their life savings and we understand it may be impossible to recover. As a result, victims of stockbroker and investment fraud deserve strong and effective representation.

If you have lost more than $200,000 out of pocket in your broker managed investment account, and suspect fraud or mismanagement, it may be important to contact an attorney who can help you protect your legal rights. Please contact Law Offices of Gary Green toll free and without obligation to discuss your legal options regarding stock and securities fraud at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com. Please keep in mind that there may be time limits within which you must commence suit.

Friday, 21 May 2010 22:41

Prescriptive Easements

Written by Law Offices Of Gary Green

If you are the owner of land locked property, need an access easement and negotiations have failed, contact us for litigation services.

Generally, one cannot be denied reasonable access. Reasonable access usually includes a roadway and utility access. We’ve got experience!

If you have questions about easements or need additional information, call Law Offices of Gary Green today toll free and without obligation at 1-888-442-7947 or send us an e-mail at ggreen@gGreen.com.

Friday, 21 May 2010 22:40

Compartment Syndrome

Written by Law Offices Of Gary Green

Acute Compartment Syndrome is an acute medical problem following injury, surgery or in most cases repetitive and extensive muscle use in which increased pressure (usually caused by inflammation) within a confined space and without proper treatment, may lead to nerve damage and muscle death. This condition is most commonly seen in the leg. It is a medical emergency that requires immediate surgery known as a fasciotomy to allow the pressure to return to normal.

The connective tissue that defines the compartment does not stretch. A small amount of bleeding into the compartment, or swelling of the muscles within the compartment can cause the pressure to rise greatly.

Common Causes of Compartment Syndrome include:

  • Tibial or forearm fractures
  • Hemorrhage (bleeding)
  • IV Drug injection
  • Prolonged limb compression, crush injuries and burns
  • Casts

Signs and Symptoms: (Known as the 6 “P”s)

  • Pain out of proportion to what is expected
  • Paraesthesias (altered sensation)
  • Passive Stretch pain
  • Pulseless
  • Paralysis
  • Pressure on passive extension of the compartment

Pain is often reported early and almost universally. The patient usually reports deep, constant, and poorly localized pain that is usually out of proportion with the injury. Pain is aggravated by stretching the muscle group and is not relieved by medication up to and including Morphine.

Parestheisa is altered sensation e.g. “Sticks & Needles”.

Paralysis & Passive Stretch of the limb is usually a late finding. The affected compartment may feel very tense and firm as well as pressure.

Failure to relieve the pressure can result in necrosis (death) of tissue in that compartment and hypoxia (lack of oxygen) of those tissues. If left untreated, Acute Compartment Syndrome can lead to more severe conditions and loss of the affected limb.

If you you or a loved one is suffering from Compartment Syndrome, 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.

Friday, 21 May 2010 22:30

Medical Negligence

Written by Law Offices Of Gary Green

Medical negligence cases are complex and challenging. Their difficulty is increased by the fact that most medical professionals refuse to testify against a colleague. So, the cost and risks associated with these cases are high.

The time limit imposed by law for filing a case is called the law’s statute of limitation. Medical cases statues of limitations are usually shorter than most others. For example, the statute of limitation for a tort case in Arkansas is 3 years, while the statute of limitation for a medical negligence case is 2 years. The statute of limitation for a medical negligence case in Missouri and Oklahoma is 2 years but only 1 year in Tennessee. However, there are varying exceptions for minors for all statues of limitations.

Dystocia

A shoulder dystocia occurs when, after delivery of the fetal head, the baby’s shoulder gets stuck behind the mother’s pubic bone. It has the potential for causing significant, lifelong injury to the baby.

Possible Complications of Dystocia:

Brachial plexus (BRAY-key-el PLEK-sis) injury is the classic injury. If this network of nerves under the neck is damaged, weakness and partial or total paralysis of the affected arm may occur.

Fetal asphyxia (lack of oxygen) is the most feared complication of dystocia. Cerebral palsy and fetal death are rare, but not unknown. During a dystocia delivery, the baby’s head emerges from the mother, and the umbilical cord becomes tightly compressed between its body and the mother’s birth canal. This decreases or totally cuts off blood flow to the infant. If the pressure on the cord is not rapidly relieved, decreased delivery of oxygen to the baby will occur.

The mother, too, is at some risk when shoulder dystocia occurs. The most common complications she may suffer are excessive blood loss and vaginal lacerations. Uterine rupture has also been reported.

Most Common Risk Factors for Dystocia

• Birthweight greater than 8.8 lbs

• Maternal diabetes

• Previous dystocia

• Being past-due

There are two main signs that a shoulder dystocia is present:

• The body does not emerge with standard moderate traction and maternal pushing after delivery of the baby’s head.

• The “turtle sign”: baby’s head suddenly retracts back after it emerges, resembling a turtle pulling its head back into its shell.

Shoulder dystocia cannot be predicted with any degree of accuracy; it cannot be prevented. So, how can your obstetrician treat dystocia when it occurs?

The general consensus is that the best results in resolving shoulder dystocias are obtained when an obstetrician:

(1) Recognizes the shoulder dystocia

(2) Calls for help

(3) Knows the different maneuvers involved in attempting to resolve shoulder dystocia

(4) Implements them in a carefully controlled, calm, and organized fashion.

Because shoulder dystocia is a true obstetrical emergency, its occurrence requires a rapid and well-coordinated plan. In the presence of one or more risk factors, a pre-partum discussion of the risks and benefits of cesarean section should be discussed due the unpredictable nature of the occurrence of a dystocia.

Helpful links:

If you suspect that you or a loved one is the victim of medical negligence or medical malpractice, 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.

Law Offices of Gary Green is located in Little Rock and serves clients throughout Arkansas and across the country.

Nursing home cases are some of the most difficult cases we encounter. They are onerous because of the complexities that arise and the vigorous and expensive defenses mounted by the large corporations that own the nursing homes. On a more personal level, they are also among the most difficult cases because we relate to the victims of nursing home abuse and neglect. We relate to the families who are saddened and guilt ridden by being forced into the position of confronting the abuse and neglect on behalf of their loved one and for those who follow.

We field so many calls regarding nursing home abuse and neglect that we know that callousness, under staffing, negligent hiring, negligent supervision, negligent retention, and greed are pervasive. As much as we would like to, we cannot help everyone who calls us.

Sometimes the suspected negligence is not negligence at all. Sometimes negligence exists, but the condition of the victim was such that a bad result would have occurred anyway. Sometimes negligence exists, but the cost of proving it in court would outweigh the anticipated jury verdict. Generally, a claim or litigation is only recommended when the victim of negligence is permanently in a worsened condition than before the negligence occurred. For instances of abuse or neglect that do not result in permanent damage, we recommend vigorous prosecution in the criminal courts if warranted, and complaints to the state’s Office of Long Term Care or other agencies that regulate and investigate nursing homes.

Watch out for unexplained injuries, bedsores, or the use of a catheter or psychotropic drugs without a corresponding doctor’s order. Be aware that the statute of limitation applied to nursing homes can be tricky. Short medical negligence statutes of limitation apply in some situations, while longer ordinary negligence or even contract statutes of limitation apply in others. We recommend filing a case within the shorter medical negligence statute of limitations whenever possible, but we will consider taking on a case, in some instances, after the medical negligence statute of limitations has expired.

Nursing homes in the State of Arkansas are no longer required to carry liability insurance. Before placing a loved one in a nursing home, investigate the home fully. Below are a few helpful links that will assist in your research:

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 12:03

Yamaha ATV Injury

Written by Law Offices Of Gary Green

Injured in an ATV rollover? Design defects increase Rhino rollover risk and have resulted in serious injury and death.

The Yamaha Rhino

The Yamaha Rhino ATV is an All-Terrain Vehicle (ATV) manufactured by Yamaha Motor Company from 2004 – Present. The Rhino is extremely unsafe because it rolls over even when operating at low speeds. Many injuries and deaths have occurred due to the defective design of the Rhino. There are widespread reports of broken legs, particularly the tibia bone, which occur as a result of the vehicle rolling over due to its unsafe design. The Yamaha Rhino all terrain vehicle has been linked with many rollovers due to the following properties:

  • The Yamaha Rhino is narrow, and wider vehicles can be more stable
  • The Yamaha Rhino is top-heavy and therefore has a high center of gravity
  • The Yamaha Rhino has small tires, and small tires give the vehicle less of a platform for stability

Rollover Warning

Experts have questioned the safety of the Yamaha Rhino since its release. In August 2007, Yamaha announced that it would add doors and passenger handles to vehicles manufactured after 2004, but stopped short of issuing a recall of the Rhino. At the same time, Yamaha issued a new product warning label for the Yamaha Rhino that acknowledged the risk of rollover accidents and alerts users that the Rhino can rollover even while operating the vehicle on flat, open areas. In spite of its knowledge of serious injuries resulting from rollovers, Yamaha has not announced a recall of the Rhino all-terrain vehicle.

When confronted with the mounting injuries of Rhino drivers and passengers, Yamaha has simply blamed them for their own injuries. The following statement is from Yamaha:

“While the Rhino has been a reliable and versatile vehicle, some operators have engaged in aggressive driving (such as sliding, skidding, fishtailing, or doing donuts) or made abrupt maneuvers (such as turning the steering wheel too far or too fast) that have resulted in side rollovers – even on flat, open areas. Unfortunately, some occupants have been seriously injured during such rollovers when they put their arms or legs outside the vehicle, resulting in crushing or other injuries.”

The Yamaha Grizzly

The Yamaha Grizzly is a popular ATV (all-terrain vehicle) used by thousands of individuals across the United States. Unfortunately, there have been numerous issues regarding the throttle system “sticking” and causing the ATV to suddenly accelerate. In one case, an individual was backing his Yamaha Grizzly off its trailer when the throttle stuck in the “wide open” position. The Grizzly slammed into a tree, throwing the operator several feet and causing severe, life-threatening injuries.

Law Offices of Gary Green has experience with Yamaha Grizzly sudden acceleration cases. If you or a loved one were injured on a Yamaha Grizzly ATV or any other ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com

Common Injuries

Rhino drivers and passengers have suffered serious injuries when their Rhino rolled over. In some instances passengers have died. Common injuries include:

  • Broken Legs, Ankles or Feet
  • Crushed Legs, Ankles or Feet
  • Broken Arm, Wrist or Hand
  • Crushed Arm, Wrist or Hand
  • Amputation

The Yamaha Rhino and other ATV models are to blame for thousands of deaths and serious injuries each year. It is estimated that more than 146,600 people – more than one quarter of them children – were treated in the United States emergency rooms for ATV-related injuries according to the Consumer Product Safety Commission.

If you or someone you know was injured on an ATV, you should take the following steps to preserve your claim:

First, take several photographs of the ATV as is and the surroundings where the accident occurred, if possible. Do not move anything until the photographs are secured, if possible.

Second, make sure you maintain the ATV in its current condition in a dry, secure place until it can be examined by one of our experts. Do not attempt to repair or discover the defect in the ATV. If you need assistance in this regard, don’t hesitate to call us.

Third, do not make any changes of any kind to the ATV.

Fourth, other than to secure the vehicle, do not let any person operate the vehicle until you contact us.

Fifth, secure and maintain any and all repair invoices, owner’s manuals, documents you received when you purchased the ATV and any correspondence you received from the dealer or manufacturer.

Finally, call us as soon as possible after the injury.

Failure to preserve the ATV immediately after an injury can compromise your rights to recovery.

ATV Lawsuits

Defective Products – Although accidents happen in any vehicle, ATV design defects have caused limbs to be crushed and even death in all-too-frequent rollovers. Consumer advocates blame the injuries and deaths on weak voluntary standards. Many ATV rollover injuries are caused by unstable design. For instance, the Yamaha Rhino was designed with its high center of gravity too high, making the vehicle dangerously unstable.

Product Liability – This is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.

Design Defects – These are errors caused in the initial product design that make the vehicle dangerous. The injured party must show that the harmful product was defectively designed and often needs to show that a safer alternative design was available and feasible. Manufacturing Defects – are flaws that occurred during the manufacturing process; the manufacturer can be at fault if a defect results in injury, no matter what safety steps were in place during the process.

Failure to Warn – Manufacturers must warn customers of any dangers that are not obvious and give instructions for proper use. If the consumer hasn’t been satisfactorily warned, this could mean the manufacturer knows of a potential hazard regarding its product but neglects to tell the consumer and could be the cause of the user’s injuries.

Our on staff lawyers are standing by to answer any questions you may have regarding the Yamaha Rhino or any other ATV rollover litigation. If you or a loved one were injured on a Yamaha Rhino ATV, contact Law Offices of Gary Green now for a free consultation at 1-888-442-7947 or contact us with an e-mail at ggreen@gGreen.com.

Trademark Notice: “Yamaha” is a trademark of Yamaha Motor Company. Law Offices of Gary Green is in no way affiliated with Yamaha Motor Company. The use of this mark is solely for informational and product identification purposes.