Personal Injury Law Case – Let’s win

Let’s win your personal injury case!

Our personal injury lawyers have the knowledge and resources needed to assist our clients in getting the best possible results for their case. Our personal injury lawyers are experienced in litigating a wide range of personal injury claims and complex business disputes. The information contained in this website is for informational purposes only and not intended to provide legal advice or make any guarantees regarding your case outcome, either express or implied nor does it constitute a guarantee, warranty or prediction regarding the outcome of your case. When it comes to personal injury, seeking the assistance of an experienced personal injury attorney is your best bet in getting fully compensated for your losses. Attempting to handle your personal injury case without a skilled personal injury attorney, can produce undesirable results. Just like every other profession, it’s in your best interest to consult an experienced personal injury attorney for advice and consult. People who don’t retain a injury lawyer, most often receive a much lower settlement.

1 in 4 car accidents involves cell phone use. #StopDistractedDriving #itcanwait

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Not knowing what type of damages that could be claimed or how to claim them, can result in getting insufficient compensation to cover your losses. Our personal injury lawyers can provide assistance for any type of injury suffered. We have successfully defensed cases involving tractor trailers, aviation, amusement park accidents, product liability, assaults, firearms, motorcycle accidents, oil field accidents, construction accidents, auto accidents and more. You can see by the wide range of personal injury cases that our personal injury attorneys have successfully defended that we have the experience to handle your injury case. Our personal injury attorneys have received multiple awards for our services in the field of law and strive every day to be the best personal injury lawyer possible. Personal injury can cause unwarranted medical bills, loss of wages and put undue stress and anxiety on a family and a marriage. Our team will be there every step of the way to ensure you needs are met both physically and monetarily. Don’t be at the mercy of the insurance company and their attorneys, hire a reputable personal injury lawyer to make sure you are not taken advantage of and you get compensated for your losses.

Injured in a car accident?Hire the best attorney!

No one wants to deal with monetary loss or injuries sustained from an auto accident but if you do, it’s a good idea to consult an auto accident attorney. An auto accident attorney provides legal representation for people who have been injured or suffer property a loss as a result of an accident. An auto accident attorney will tend to have more experience in the area of property loss recovery and personal injury. An experienced auto accident attorney will be able to provide the answers needed to properly defend your case in court or when battling the insurance companies. An auto accident attorney will be able to help you with automobile, truck, motorcycle and other and other types of motor vehicle related accidents. Professional rules, ethical rules and codes of conduct set forth by state bar associations must be followed by every auto accident attorney. Once an auto accident attorney is licensed to practice, he is permitted to file legal complaints, argue cases in state court, draft legal documents and offer legal assistance concerning motor vehicle accident cases. An experienced auto accident attorney will interview prospective clients, evaluating their cases and help them determine which the best way to proceed with their case. An experienced auto accident attorney should also research every aspect of the case and be able to build a strong case to defend their clients. An auto accident attorney should be dedicated to helping clients obtain the justice they deserve for their suffering and monetary losses. Our experienced auto accident attorney will fight hard to make sure you get fully compensated for your losses. To help protect you protect your rights and get compensated for any loss, physical or monetary, give our experienced auto accident attorney a call.

Ghostwriting in legal Blogs

Kevin O’Keefe over at LexBlog has a fantastic article discussing the question of whether ghostwritten Lawyer Blogs are unethical. This is an issue which has been percolating for some time. This has been hastened by companies such as FindLaw and other consultants feeding into the legal field’s FUD (Fear – Uncertainty – Doubt) over social media. As lawyers we are typically well behind the curve in adopting new technology and social media is no different. To combat this, lawyers have attempted to compensate by doing what most lawyers do, throw money at the problem. Unfortunately, social media battles are won by investing time instead of money. And time is not something lawyers are known to ‘give away’ very easily.

Thus companies such as Findlaw and Lexis-Nexis have been making millions of dollars via lawyers trying to find the easy route into social media, taking money to quickly put up flashy websites, blogs, twitter and Facebook pages and populating those with breaking news and articles.

This is where the problem comes into play. Most often when these articles, posts or entries are published they are attributed to the lawyer/law firm on the account instead of the actual author. Unfortunately, misleading readers into thinking something was written by a lawyer runs afoul of most states’ rules of professional conduct, requiring:

 

A lawyer shall not make a false or misleading communication about the lawyer’s or the lawyer’s services. A communication is false or misleading if it contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.

 

As the Kevin’s article suggests, these posts and articles written under the auspices of being written by lawyers gives the impression of legal advise or opinions when in fact they are most likely written by college students at best. Of course, this may explain some of the content I have seen on many lawyers’ websites, but more importantly it goes to something far more important that the rules of professional conduct, it contributes to the public’s view of lawyers as liars and cheats who will do anything to make/save a buck. Let’s be honest, most legal blogs are not there to educate other lawyers, though they may do so as a bonus. They exist to increase search engine rankings and to improve the overall status of the lawyer/law firm who write them, to give them credibility in the area of law they practice. Taking credit for an informational article about the law that was actually written by a college student can hardly be deemed credible or trustworthy, neither to the public or other lawyers.

 

While I am not suggesting any ethics opinions are necessary to curb this practice, I would hope the members of the bar in general would refrain from this blatant degradation of our profession. As a self-proclaimed self-governing body, should not attorneys aspire to be seen better than this? Should we not encourage each other to something greater? Social media is an amazing tool which, when used properly, can be a boon to any business, including the law. But it can also be the converse, just another tool to artificially inflate a company and try and fool the readers into thinking something is what it isn’t. As Kevin O’Keefe aptly put it, “…this would be one that would draw a ton of publicity on and offline. Nothing gets more sensationalized when it comes to legal news today than lawyers and social media.” Or as we used to say in High School, “Don’t be THAT guy”.

 

The Effects of Social Media on Jury Trials

Having just finished a highly publicized jury trial in Indiana involving three wrongful death claims against the Indiana Department of Transportation, I can tell you that the jury’s access to social media, internet news and other sites was adressed with them every time the jury left the courtroom. Jury access to the internet and social media is becoming more and more of a concern to attorneys, especially once litigation has commenced. We are proud to welcome guest writer Alvina Lopez who writes about this topic:

The Effects of Social Media on Jury Trials
Originally social networking media sites Twitter and Facebook were used as a way to connect and communicate with old friends and out-of-town family members. More recently however the sites are used as an outlet to share every little aspect of people’s lives, even the mundane “I’m eating breakfast.” Partially to blame is easy internet access via smartphones—they enable users to permanently stay “connected” while on-the-go. Constantly being plugged-in is what ultimately encourages users to update statues or tweets 24/7. While it’s perfectly fine if you wish to publicly announce small tidbits of your daily life to the world on a regular basis, using social media sites while you’re actively participating as a juror can get you in a heap of trouble—so much in fact that you can be slapped with improper juror conduct and may face jail time.

While not all states have been able to control the improper use of technology in the courtroom just yet, currently leading the pack is California. Under the code of civil procedures §611 jurors have always been prohibited from researching, discussing, or spreading information outside of the courtroom, but California recently passed a new law that mandates judges to explicitly explain that the code includes “all forms of electronic and wireless communication.” The new law will take effect in 2012.
In Malta the law is a bit different says Tony from the top law company in Malta. While one may think that a law like this shouldn’t be necessary—after all hasn’t it always been known that jurors are only permitted to deliberate a case using the evidence presented in court?—it’s been deemed as a necessity after a slew of mistrials erupted due to the discovery of some jurors researching defendants’ criminal histories on the internet and discussing the case with fellow jurors whom they “friended” on Facebook.

The temptation is so easy—a juror can easily come across a news link to the case on Facebook or be influenced by the comments or statues someone posts regarding a high profile case. Not to mention that some jurors have a hard time controlling the various updates regarding the cases themselves. To delve in the seriousness of how people constantly discuss their juror experience, here are some real tweets extracted from Twitter on 9/20 using the hashtag #juryduty:

 

  • Jury duty update: Weapons case. Defendant repping himself. He just gave what was essentially the “Unfrozen Caveman Lawyer” speech. Srsly
    • Ok…was not looking for jury duty to be longer than three days…not a happy camper right now
    • S/o 2 the people who r having wayyyyyyy 2 much fun at jury duty playing cards.. -_-

While it may seem like updating a Facebook status about a trial is harmless, it’s important that you remember why you were selected to be juror in the first place: your verdict will determine whether an innocent or guilty person is sent to jail. That said, you essentially have someone else’s life in in your hands. You never want to risk having a mistrial of a guilty man for example because you couldn’t fight the urge to tweet about the case.

So How to Avoid the Temptation? While ultimately it’s up to you to fight the urge to access social media and the internet while a case is underway, here are some additional suggestions that may make the process a little easier:

  • Turn off your phone
    • Temporarily remove the social media apps from your phone, or sign-out
    • Do not friend request fellow jurors
    • Temporarily deactivate your social networking account(s) until the trial is over

 

Hope you enjoyed this article, stay tuned for more.

 

Presentation on the iPad

Exhibit A – Trial Presentation on the iPad

Having just spoken at the Kentucky Bar Association about the paradigm shift the iPad is creating, I am incredibly excited about the new version of Exhibit A. Up until now, most lawyers use programs like Sanction, Verdical, Trial Director, or Exhibit View to present exhibits at trial. This requires a laptop computer and normally someone to run the computer from counsel’s table while the attorney speaks. Such a setup hinders the flow of the lawyer’s presentation and creates ‘cross-talk’ between the lawyer and person running the computer as they try to highlight, callout or mark on the exhibit. The iPad changes this dynamic by allowing the lawyer to do all of these things him/herself. Granted, the trial presentation apps on the iPad do not offer all of the same “bells and whistles” the PC applications have, but when I speak to most other attorneys, they, like me, only use about 10% of what those programs costing thousands of dollars offer. For the most part, trial lawyers want to be able to search for an exhibit, highlight, draw on, zoom in and create a callout on an exhibit. Everything else is lagniappe as my dad would say.

There are a number of trial presentation apps in the App Store for the iPad which have all of those features but the one feature every trial lawyer needs – callouts. Callouts are those boxes which zoom in on a particular area of a document. We’ve shown you an early look at TrialPad 2.0 which has them (and we’ve spoken with the developer Ian who has advised us that 2.0 has been submitted to the App Store) but unfortunately Exhibit A has beaten every other app to the punch with the release of v.1.3.0. Among other things, the new version of Exhibit A has true callouts, block highlights, redaction features, exporting of exhibits via email and a completely new interface. Let’s take a look at these new features.

CALLOUTS
Let’s just get to the guts of this update. Without the ability to do a callout of a portion of an exhibit, trial presentations on the iPad weren’t truly competing with anyone except for themselves. Now that we finally have an app which can do it, others will follow suit out of necessity. To create a callout in Exhibit A, you simply open an exhibit and select the “Tools” button to select the callout icon on the far right. Creating the callout is as simple as sliding your finger from where you want the upper left side of the callout window to start and sliding to where you want it to end. If you’ve ever used a trial presentation program on a PC, it’s exactly the same except you use your finger or stylus instead of the mouse.

As you can see the callout is presented beautifully, with the underlying exhibit greyed-out and the callout contrasted against the background, perfectly sized.

While it is nicely displayed, I have a few issues with the callout feature which I am sure will be addressed in future updates. First, the annotations made on an exhibit do not get “called-out”. For example, if I create highlights, draw marks or other annotations on an exhibit, and then callout that area, those markings do not show up in the callout as you can see below.

his is the sort of thing that happens in early versions of software and is missed by programmers since they don’t typically foresee this sort of usage of a tool. While it may seem minor, this is certainly something which must be fixed before using Exhibit A in trial or a courtroom setting.

BLOCK HIGHLIGHTS
This feature is pretty straight-forward but seems to be ignored by some other developers. Many times it is necessary to highlight portions of an exhibit and so other apps allow this by giving you a free-hand highlighting tool, which Exhibit A also provides. However, when highlighting lines of text or entire paragraphs, using the free-hand tool is cumbersome and to be blunt, messy. The inability to create nice blocks of highlighted text is definitely an issue in other apps and so the inclusion of this in the latest version of Exhibit A is most welcome. My only complaint about this feature is not really about the feature but in the way highlights in general are created in Exhibit A as well as most other trial presentation apps save for TrialPad. Instead of creating a highlight which increases the contrast with the text below, Exhibit A merely places a semi-transparent block of yellow on top of the text, thereby making it difficult to read the text below and negating the point behind highlighting, to call attention to a part of an exhibit. I have provided examples below of highlighted text in Exhibit A and TrialPad to better visualize this oversight.

This works just like the block highlights, except allows the user to redact portions of an exhibit. For some reason developers keep putting this into their apps, probably because ‘redaction’ sounds like a legal term. In practicality, your exhibit should probably be redacted before trial using a desktop app. Regardless, it works as advertised, allowing for redacted areas to appear as either a block of white, black, red, green or blue. To use redaction, it is selected in the same tool area as highlighting. Problem, and this is a MAJOR one: when you redact an area, if you make a callout of it, the text below appears! Why? Because the callout feature does not callout annotations and the redaction tool is simply another annotation. This oversight makes the redaction feature incredibly dangerous and could potentially cause a mistrial. It must be fixed ASAP.