Archive for the ‘Scaffolding Accidents’ Category

How to Work Effectively With Your Lawyer

It is important to work effectively with your lawyer so you can have a satisfying working relationship with one another. This is an excellent article about the subject, which we wanted to both share and elaborate upon.

It is a good idea to bring a copy of your own insurance documents (declaration page), when you first meet with your attorney. Your attorney’s office can also obtain this information if necessary, but as the article above mentions, the client can sometimes access this information quicker.

You should also bring with you other information your attorney may need to begin working on your file. For instance, for a personal injury matter, this may include the names and contact information for all your treating physicians, or copies of police accident reports. There are often key deadlines early on in a potential lawsuit, so the more information your attorney has on hand from the outset of your case, the better.

Keep all documentation, including letters and bills from doctors and insurance companies. Discuss with your attorney early on what types of documents they may want you to forward to their office, and be sure to do so in a timely fashion. This will help to ensure the attorney will always have up to date information in your file when they need it. Sometimes it is as simple as mailing (or e-mailing) it to the office when you receive it, or leaving it with the assistant or paralegal in charge of your file.

Keep a list of questions you would like to discuss with your attorney, as well as notes about what happened since the last time you spoke, which will help you make the most of your next appointment.

For a personal injury or medical malpractice case, it can be useful to keep a calendar documenting symptoms and keeping track of all your medical appointments.

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Valuing Your Case

As most clients will tell you, “It’s not about the money.”  A lawsuit helps people regain some sense of control at a time when they feel powerless.  An accident can destroy a person’s independence or livelihood.  So when our clients tell us that it’s not about the money, we understand what they mean.  But, ultimately, a positive result in a lawsuit does come down to a monetary value and having a ballpark figure about the value of your case can save you from making a costly mistake. Everyone knows about high profile verdicts like the one received by the woman in Liebeck v. McDonald’s Restaurants who suffered third degree burns after spilling hot coffee on her lap. The jury awarded the plaintiff a judgment against McDonald’s for punitive damages in the amount of $2.7 million (the amount McDonalds made selling coffee in two days).  Verdicts like these tend to skew people’s expectations for settlements too high.  What people might not realize is that the judge reduced the award and McDonald’s appealed the decision.  The resulting settlement was less than $600,000.

A case’s worth is determined by several factors and I’d like to discuss them a bit here.  Please keep in mind that every case is different and that individual results will vary.

The most important determining factor in valuing a case is how much money is available either in the form of an insurance policy or a defendant’s assets.  Even if you receive a million dollar verdict at trial, if the defendant doesn’t have the money to pay you, you will not be getting a million dollars.

Another factor is the severity of your injuries and the amount of pain, suffering and expense they have caused you.  Are they permanent?  How long will you need to continue with treatment?  Generally speaking, breaking your toe is not worth as much as breaking your back.  If your injury will require future treatment, this added expense should be taken into account when discussing settlement.

A third thing to consider when valuing a case is how much income the plaintiff has lost or stands to lose.  If a highly trained neurosurgeon is left unable to return to her duties she will likely be losing more future salary than a truck driver.  This is not to say that a truck driver’s injuries are in any way less significant or disruptive than a neurosurgeon’s, it’s just something to keep in mind when you think of the value of your case.

Comparative negligence is also something to consider when valuing your case.  Did you contribute in any way to your injuries?  If a jury finds that you are 30% responsible for an accident, for instance by not looking before crossing a street, then any verdict received from them will be reduced by 30%.   A verdict of $100,000 would be reduced to $70,000. Going to trial is essentially a wild card.  A recent study of jury verdicts found the defense won 50 per cent of the time resulting in no recovery. Verdicts for the plaintiff in injury cases averaged under 30,000. This dispells the popular notion that juries commonly give million dollar verdicts. We live in a conservative area filled with working-class jurors.  They don’t hand out million dollar verdicts often.  This is a crucial fact to keep in mind when considering settlement offers.

If you’ve been hurt, please give us a call to talk to our knowledgeable, experienced attorneys.  At James Morris Law we always fight to achieve the best results for our clients.

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Scaffolding accidents serious threat in New York. Protect yourself.

Working on scaffolding can be extremely dangerous. Many people often get hurt working in such high places on construction sites. Or even worse, people die every year in scaffolding accidents. According to the latest government statistics, scaffolding accidents killed 88 people nationwide in 2008. Just recently, a 42-year-old man was killed when he fell 130 feet from scaffolding not properly secured.

What causes such accidents? How can you stay safe? A recent study by the Bureau of Labor and Statistics determined that 72% of workers injured in scaffolding accidents can attribute their injuries either to the planking or support giving way, or to the employee slipping or being struck by a falling object. All of these scenarios can be controlled by complying with federal Occupational Safety & Health Administration standards.

New York State has rigorous laws designed to protect the safety and rights of people working on scaffolding. New York Labor Law 240, which is often called the “scaffolding law,” enables workers who fall from collapsed or poorly maintained scaffolding to recover damages for their injury. The law also protects workers who sustain injuries that occur due to ineffective or improper safety equipment such as harnesses.

Have you been injured in a scaffolding accident in New York State? You may be entitled to compensation. You deserve to be treated with respect. You deserve justice. You need the Law Offices of James Morris.

When you choose us, you get experienced attorneys who will vigorously defend your rights and fight for the compensation you rightfully deserve. Don’t let a scaffolding accident ruin your life. Take control. Contact James Morris today. We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.