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

Adoption and Family Law

Written by Law Offices Of Gary Green

It is wonderful when a couple decides to give a child a home by adopting. Once the decision is made, however, you may seem unsure on how to begin and what legalities you may face. On the other hand, we can only imagine how hard it is putting your child up for adoption because you want your child to have a better life. If you are a couple wishing to adopt, please send us a letter and biography, which we will keep on file for 6 months. We represent birth mothers in adoption cases and those who need legal services for step-parent adoptions as well. If you are a birth mother needing assistance for an adoption placement, please call our Little Rock office and speak with an attorney.

While we have placed infants with adoptive parents from all over the U.S., we currently limit our family law practice to the State of Arkansas. We do not handle adoption cases in the State of Missouri. Our fees in adoption cases and the reasonable expenses of the birth mother are paid by the adopting parents. Attorney fees for all other family law issues are charged hourly against an advance retainer.

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 22:41

Divorce and Custody

Written by Law Offices Of Gary Green

We understand that issues that arise within a family that need to be settled through the legal system can be exasperating and even traumatic. We represent those who need legal services for divorce and child custody. We treat each case with the delicacy and respect that our clients deserve and distinguish ourselves by seeking solutions best suited to the needs of our clients.

Divorce happens, and when it does, we will be there to help. We will represent you through the trial court level for a flat fee of $950.00 exclusive of costs if the matter truly is uncontested and for a quoted retainer, exclusive of costs, if contested. To us contested means formal discovery is filed by either party or custody of minor children is sought by formal pleading by both parties. We can only offer a flat fee service in the counties in which we have offices or the counties contiguous to those counties.

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 22:41

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 22:18

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 22:04

Wrongful Death

Written by Law Offices Of Gary Green

It is nothing short of a tragedy when a loved one’s death could have been avoided. In terms of the law, a wrongful death claim is when a person dies due to the negligence or misconduct of another individual, company, or entity. Immediate family members of the deceased can file a wrongful death claim to recover damages from pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses.

These situations are not accidents when there is someone at fault. Most of our practice is devoted to wrongful death and personal injury claims. We know what to expect in your attempt to be compensated for a loss. We have the experience and the acumen to help you find justice and peace during your time of duress.

We accept wrongful death 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.

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.

Friday, 21 May 2010 07:11

Class Actions

Written by Law Offices Of Gary Green

A class action lawsuit is nothing more than the consolidation of several related lawsuits into one. Not all lawsuits are eligible to become class actions, in fact, most cannot. However, if there are numerous plaintiffs (or possibly defendants), all with common legal issues to resolve, then a judge may allow them to join as a class. Class action plaintiffs can include consumers hurt by defective products and small businesses bringing suit against large corporations for unfair business practices, persons harmed by pharmaceuticals, persons who have lost money in the securities markets, and many other types of common losses suffered by many people.

The ideal of the class action allows a remedy en masse to those who otherwise might not be able to afford access to the courts. Currently, cases can be under either state or federal jurisdiction and claims can be large or small.

For a class action lawsuit, a named plaintiff stands in for a group of similarly situated plaintiffs injured by the same defendant or group of defendants. The need for resources and ability to keep track of the many parties and issues involved make these very complex cases to handle. Many class action suits fail because the issues presented are not clear enough.

We are willing to consider any reasonable claim you wish to present to us. 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.