Ever since the infamous McDonalds “hot coffee” case a number of years ago, some people believe they have hit the lottery when a restaurant serves them bad food or otherwise causes them harm. Unfortunately, those people are misinformed on two counts. (1) Restaurant food negligence cases will normally not bring them riches. (2) The McDonalds […]
Accidents Involving Minors
In nearly every state, a minor is defined as any individual under the age of 18. Minors are legally unable to file personal injury claims on their own behalf. It is up to the minor’s parent or guardian to file a claim for them. A child (minor) is entitled to the same legal rights as […]
Suing a Friend
You are a passenger in your girlfriend’s car. She somehow becomes distracted and rams into a poll. She is fine. But you end up with a fractured ankle. Everyone is telling you to sue your friend. But you are not one of those “suit-happy” individuals.. and, after all, she’s your friend. How can you even […]
Why We Say Lawyers “Practice” Law
Lawyers are said to “practice” law. Now why use the word “practice?” My theory is that lawyers, from the beginning of time, used that word so if they were ever sued for malpractice, their defense would be, “I can’t be held liable for my poor judgment, your Honor. I am still just practicing law. I […]
It’s Not Personal – When a Lawyer Rejects Your Case
After 35 years of practicing personal injury law, I can’t even begin to think of the number of cases I have turned down. The number must well be in the tens of thousands. Most times the prospective client understands why there is no case and thanks me for my time and opinion. But a fair […]
Understanding Defamation … Slander … Libel
Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts. Defamation, quite simply, is any statement that harms someone’s reputation. If the statement is written, it is called “libel.” If the statement is […]
Lawyers And Bedside Manners
When we think of bedside manners, we think of how doctors interact and communicate with their patients. A doctor with a bedside manner is a good communicator, while one without a bedside manner may appear uncaring or may be overly abrupt with patients. But lawyers need to have “bedside manners” also. Lawyers, like doctors, are […]
Why Won’t A Lawyer Take My Case?
You’ve been injured in an accident. You think you have a good case. Your friends tell you there’s a good case and urge you to hire a lawyer right away. You call a few lawyers but no one wants to take your case. You are frustrated. You think the lawyers somehow are conspiring against you. […]
Lawyers … Clients … And Phone Calls
One of the biggest complaints clients have about their lawyers is that they don’t always return phone calls. This is also one of the big reasons why a client may fire his or her lawyer and hire another. As a practicing personal injury attorney for 35 years, I’ve gotten some great cases due to another […]
Legal Malpractice Can Be Hard To Prove
Everybody makes mistakes… even seasoned professionals. That is why most doctors, dentists, accountants and lawyers protect themselves by carrying malpractice insurance. An injured patient, or client, will usually seek to sue the professional for the harm he or she has caused. When a lawyer is sued, it is called legal malpractice. Legal malpractice cases are […]
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