Dallas Personal Injury Lawyer - Miscellaneous - Most Commented

Scheduled Execution of Bobby Wayne Woods Stopped

Jeff Rasansky — Thu, 23 Oct 2008 16:48:18 GMT

The Texas Court of Criminal Appeals has stopped the scheduled execution of Bobby Wayne Woods due to claims that the 42 year old man is mentally retarded. Woods was scheduled to be executed in Huntsville today for the 1997 death of his ex-girlfriend's 11 year old daughter.

Woods claimed that he wasn't responsible for the young girl's death and blamed it on his cousin who ended up killing suicide. Woods was to be the second prisoner in the State of Texas this week to have been executed. Two more men are scheduled to be executed next week.

The appeal that Woods' lawyers filed cited IQ tests and records that showed Woods received failing grades in most of his special education classes when he was going to school. Woods has been proven to have severe deficiencies in reading and writing skills, understanding the concept of punishment and understanding that actions have consequences.

However, Woods made a statement to police at one time, saying that he had taken drugs before he went to his former girlfriend's house and he admitted to the abduction. DNA found on the murder weapon was traced back to Woods.

The fact that Woods' execution has been delayed brings quite a bit of media attention to a very hotly debated topic in today's world. Texas currently leads the nation in executions of inmates, with 13 already this year.

Originally posted at InjuryBoard by Jeff Rasansky

Top 10 Worst Insurance Companies in the United States

Jeff Rasansky — Thu, 16 Jul 2009 14:16:35 GMT

The American Association for Justice (AAJ) has recently published a lengthy report detailing America's ten worst insurance companies. The majority of these companies are household names, each of which advertises as the best company and most customer friendly. The report provides damaging evidence to the contrary, that each company employs different tactics trying to take advantage of their policyholders. These companies are ruthless and will stop at nothing in their pursuit of profits, usually employing the slogan of &ldquo;profits over policyholders.

Several of these insurance companies, including Allstate, State Farm and Torchmark, employed the consulting firm McKinsey & Company. This consulting firm was hired to help the company raise their bottom line. Once employed, McKinsey helped each company establish a 'three D approach' for handling customers: delay, deny and defend. Insurance companies were taught to deny the claim, delay the payment and do anything to defend against the lawsuit. This approach taught insurance companies the value in using their litigation team to defend against lawsuits brought upon because of not paying claims.

Profits over policyholders is a slogan used by many of these insurance companies as an approach in handling their business. Basically, insurance companies should do anything possible to gain profits, even at the expense of their policyholders. Many of these companies identified their company goal as earning the maximum amount of return for their shareholders as possible.

Another tactic that many of these insurance companies employ is abandoning of their policyholders. Companies have identified policyholders in hurricane prone areas, Louisiana and Florida, to be more risky policies than others. Companies have become very stingy in their claim payments to policies in these regions evidenced by Hurricane Katrina.

One unfortunate lasting image of Hurricane Katrina involves State Farm and their deceptive ways in avoiding paying claims. An example involves the Nguyen family who lost their home in Hurricane Katrina and whose claim was denied by State Farm. State Farm&rsquo;s own engineers surveyed their damages and concluded the damage was caused by wind. Eye witnesses shared their account that another house was literally picked up and thrown into the Nguyen&rsquo;s home.

State Farm hired other engineers to come to a different conclusion, that the damage was caused by flooding, allowing them to deny the claim. Bob Cochran, a CEO of an engineering firm employed by State Farm to assess Hurricane Katrina damage, was told to alter reports that State Farm did not agree with. This led to ethical issues from Cochran's employees regarding State Farm's position.

We cannot overstate the importance of understanding each policy provision with regards to an insurance company. Many insurance companies trick their policyholders by adding complicated portions to their policies which confuse policyholders. Consultation with an attorney before signing anything not completely understood is highly advisable.

After reading this report, I am shocked by the practice of leading companies in the insurance industry. I want a company that is reliable and will handle my claim with honesty and speed. None of these insurance companies listed will do that. This report should alert consumers to the danger of working with insurance companies. Policyholders should be very cautious and understand exactly what they are covered for and not covered for.
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Originally posted at InjuryBoard by Jeff Rasansky

How to Wreck, Ruin, and Terminate Your Personal Injury Case

Jeff Rasansky — Wed, 10 Jun 2009 17:14:32 GMT

Warning:
Your Facebook, Myspace, and Twitter profile may keep you from getting the money you deserve after an injury.

Consider this:
Information is flowing faster and more effectively than ever before – all without your explicit consent. While you may set your own profile privacy, other individuals can link their pictures and comments to you – all under their own privacy settings.

Evidence from online profiles is already used regularly by the media, police, and insurance companies looking to characterize you as an undesirable plaintiff and witness.

Through the course of mediation, litigation or trial, the defense is always looking for damaging information to your case – photos, videos, blog posts, comments from friends, Twitter posts, stories, press coverage – anything with your name, personality and actions clearly documented.

All of this evidence is publically available, documented by date and time, and can be admissible in a court of law. Investigators are employed by insurance companies all the time. These investigators set up surveillance alerts for your name, your families’ names - even your friends’ names. Insurance companies look at this information to:

Confirm or disprove the severity of a person’s injuries;
Confirm or disprove the ability to resume normal activities;
Confirm or disprove the ability to work;
Confirm or disprove the ability to interact with family members and friends;

Confirm the type of “witness” you may make at trial

Also keep in mind that during a trial, juries may also look at these social networking sites, even though they may be instructed not to conduct any type of internet “research” regarding the case.

Removing all content and avoiding social media and social networking sites may be the best solution while in the course of litigation. This solution, though optimal, may not be realistic.

To protect yourself in this situation, we very strongly recommend the following steps:

1. Allow immediate unrestricted access to your social media sites, postings, and content to your attorney and paralegal. This will allow your attorney and paralegal the opportunity to review and spot-check your profile for anything potentially damaging or controversial throughout your case.

2. Take a critical eye to anything – and everything – attributed to you online. This means running a Google, Yahoo, Facebook, Myspace, LinkedIn, YouTube, Flickr, and Twitter search for your name and any keywords associated with you. This means removing everything with anything you wouldn’t want your grandmother or boss seeing, even if you think it’s restricted and private. Investigators are experts at taking a few bits of innocent-looking information and twisting it in a negative fashion.

3. Check your privacy settings. Most sites will allow you to actually block certain people altogether. Block the opposing lawyer and law clerk. This is not foolproof as there will be others regularly looking for you that you don’t know. Do not allow any access to anyone other than immediate friends.

4. Do not accept friend requests or answer emails from people you don’t know. On Facebook, as with other sites, sending a response to a message will grant the sender access to your profile for a certain number of days. This is a common way to get access to your profile.

5. Throughout the course of mediation, litigation, or trial, do not post anything about your case, the people you’ve interacted with since filing your claim, information or details about the accident or injury, or any compromising materials to your claim. Have your attorney review your online profiles, and when in any doubt about photos, videos, friends’ comments, do not make them available online until after the conclusion of your case.

The Rasansky Law Firm strongly encourages our injured clients and their families not to open their lives to social networking until the case is closed. Victims should pay very close attention – daily attention – to anything posted or attributed to them throughout the entire duration of a claim and case, reviewing not only their own profiles, but any information that appears in friends and family members’ profiles as well.

Originally posted at InjuryBoard by Jeff Rasansky

U.S. District Judge Approves a Kmart Settlement Involving 401(k) Investments

Staff Writer — Fri, 17 Feb 2006 14:46:14 GMT

A federal judge gave preliminary approval to a class-action settlement between investors and Kmart executives. Shareholders accuse the company of investing 401(k) savings plans in Kmart stock, which became worthless after the company filed for bankruptcy back in 2002. The agreement would pay nearly $11.75 million to those who invested in securities between March, 1999 and May, 2003. An estimated 71,000 people will receive compensation at an average of about $160 per plan participant.

In Detroit, a federal judge gave preliminary approval to a proposed $11.75-million settlement of a class action lawsuit. The lawsuit accuses former Kmart bosses with breaching their fiduciary duty by investing the company's 401(k) plans in now-worthless Kmart stock. The lawsuit alleged that former Kmart CEO Charles Conaway and other former officers and directors breached their fiduciary duty by investing the plans in Kmart stock and misled retirement plan participants about the company's dire financial condition and business prospects in the months leading up to its historic bankruptcy filing.

The actual losses to employees are alleged to be estimated at $26 million to $55 million. Court documents indicate that 401(k) participants who held stock in the plans will only recoup 20% to 40% of their losses. Nonetheless, U.S. District Judge Avern Cohn in Detroit approved the proposed settlement. He did so after a court-appointed fiduciary, Theodore St. Antoine (a University of Michigan law professor), concluded that the settlement was fair, adequate and reasonable given the prospects of waging and winning a complicated legal battle. Plaintiffs' lawyers Glen Connor of Birmingham and Mary Ellen Gurewitz of Detroit Connor and Gurewitz said the settlement is the best deal they could negotiate, given the former Kmart's available resources.

Plaintiffs' lawyers said the average settlement will be $162 per plan participant. The most anyone would receive is $37,000 based on the number of shares they held, lawyers said. The plaintiffs' lawyers have requested 10% of the settlement -- $1.17 million -- for attorney fees, plus up to $250,000 for settlement fees and costs.

The court documents say 71,000 people held Kmart stock in the plans from March 15, 1999, through May 6, 2003, the day Kmart emerged from bankruptcy protection as a new company, Kmart Holdings Corp., and the old stock was canceled. Kmart filed for bankruptcy protection in January 2002. In May 2005, Kmart merged with Sears, Roebuck and Co.

There is still a hearing scheduled for 10 a.m. May 22 to decide whether to finalize the settlement. This is referred to as a fairness hearing. Between now and then, plaintiffs' lawyers Glen Connor of Birmingham and Mary Ellen Gurewitz of Detroit are to notify class members about the tentative settlement by U.S. mail and newspaper ads. Participants should receive letters by early April, Gurewitz said Wednesday. Objecting class members must file written objections with Cohn at least seven days before the May 22 settlement hearing.

The $11.75-million settlement is to be paid from a $25-million insurance policy for Kmart's former officers and board members.

Originally posted at InjuryBoard by Staff Writer

Metoclopramide Usage Can Lead To Tardive Dyskinesia

Jeff Rasansky — Fri, 27 Feb 2009 15:25:48 GMT

The FDA has recently announced that drugs containing the antiemetic metoclopramide must carry a boxed warning about the risk of tardive dyskinesia. Risk of this condition is much higher with long-term usage and currently the existing labels already carry an un-boxed warning. The FDA recommends that treatment last no longer than three months.

Oftentimes, the symptoms of tardive dyskinesia can continue after stopping the drugs and are very rarely reversible. The FDA has said that manufacturers of the drugs that include metoclopramide must also implement a risk mitigation strategy that would ensure patients receive a medication guide with each prescription which details the risks.

Metoclopramide-containing drugs include tablets, syrups and injections which are used for short-term treatment of gastroesophageal reflux disease in patients who haven't responded to other therapies.

Originally posted at InjuryBoard by Jeff Rasansky

Potential Daycare Abuse in Dallas Daycare Center

Jeff Rasansky — Tue, 24 Feb 2009 14:24:54 GMT

According to WFAA.com, a grandmother in South Oak Cliff found her grandson locked in a daycare van on Monday evening after she searched for hours for the tot. He was supposed to have been dropped off by his daycare at her home.

The Tom Thumb Nursery School and Day Care was supposed to deliver her grandson, three year old Ronnie Ross, to her home at around 6:00 p.m. After the van failed to show up, she called the daycare but received no answer. Her daughter, Amber Ross, was told to come home from work and they all showed up at the daycare center at 9:00 p.m. and found the lights out and the doors locked.

As they walked the property, family members called out for Ronnie and they heard him cry out. He was locked inside the daycare which was itself locked behind a security cage. Rescuers and Ronnie's family were able to convince the boy to unlock the van and free himself. Police said that he was ok and probably spent 3 hours in the van.

The DPD said that the investigation will be turned over to a child abuse detective and officers will be filing child abandonment charges against the daycare facility on Monday night.

So what do you guys think? Is this a clear case of daycare abuse or simply an accident?

Originally posted at InjuryBoard by Jeff Rasansky

Nursing Home Patient's Death in Chicago Investigated

Jeff Rasansky — Tue, 10 Feb 2009 15:55:36 GMT

An 89 year-old nursing home patient with Alzheimer's is under investigation after her frozen body was found in the courtyard of the facility early last Thursday morning. Sara Wentworth lived at The Arbor of Itasca for two years and had been outside for at least 90 minutes before a nursing care worker found her and brought her back inside, according to DuPage County Coroner Peter Siekmann.

Itasca Police Chief Scott Heher said that his department is close to concluding its investigation and noted that criminal charges were possible. He will be meeting later this afternoon with officials of the DuPage County state's attorney's office.

Nursing home personnel told police that they checked on Wentworth in her bed at 3 a.m., he said. Police were called to the rest home, 535 S. Elm Street, shortly after 5:40 a.m., with information that the women was not breathing.

Police Chief Heher said that a door leading to the courtyard had an alarm that had gone off, but when the staff checked on the signal, they did not see anyone.

A spokeswoman for the Illinois Department of Public Health will also be investigating this incident. Under a current federal rating system, the facility is rated as a "one star" facility, out of a possible five stars. It is one of 81 different nursing homes in the Chicago area.

Originally posted at InjuryBoard by Jeff Rasansky

Brace Yourselves: We Are Now OFFICIALLY in a Recession

Jeff Rasansky — Mon, 01 Dec 2008 17:48:16 GMT

For months, the talking heads on television denied the possibilities that we could possibly be in a recession. Now, there is no denying that fact.

According to the National Bureau of Economic Research, we've been in one since December of 2007. This organization is a group of economists who analyze economic trends and cycles. So, it's safe to say that they know what they're talking about.

The White House recently conceded the fact that we are on another economic downturn under the Bush Administration, although they will not use the term "recession". Most economists believe that this is the greatest economic downturn in over 70 years, and there isn't an end in site.

Employment has been failing since January of 08 and has recently approached the 10 percent mark while the GDP has been negative for yet another quarter, falling at a rate of .5 percent. Many economists believe that the economy will not rebound until late into next year (we hope!).

According to the National Bureau of Economic Research, we have seen two recessions since Bush first took office, the first occurring in March of 2001.

The question, in my opinion, is what can we do about it? There has been a lot of finger-pointing over the past few months, and many big changes have taken place on Wall Street. But what does that mean for the rest of us? How can we bolster our economy and insure that this doesn't happen again? Are we all going to place our hopes in Obama's hands? Will he be the answer to our financial woes, or will things get worse under his administration?

I suppose only time will tell.

Originally posted at InjuryBoard by Jeff Rasansky

Girl And Aunt Mauled in Pit Bull Attack

Jeff Rasansky — Fri, 16 May 2008 10:27:12 GMT

A toddler in Fort Worth is in critical condition after being attacked by two pit bulls Wednesday night. The two year-old’s aunt was also injured by the dogs in the Redwood Mobil Home Park. Police said the aunt was giving the young girl a bath when the attack occurred. Both she and the toddler suffered horrible puncture wounds and broken bones as a result of the attack. The police added that this attack was one of the most vicious they’d ever seen. The scene was an exceptionally bloody one, according to one officer.

The dogs were later captured and euthanized. Their bodies were sent away for testing and the police said that there were no records of the dogs receiving their required shots. No charges have been filed in the incident.

Pit bulls have been the subject of much debate over the past few years. Many lawmakers are seeking to ban the ownership of the breed, claiming that they are excessively dangerous and aggressive.

Originally posted at InjuryBoard by Jeff Rasansky

Yes, it pays to be a PPC Attorney

Jeff Rasansky — Tue, 08 Sep 2009 14:11:46 GMT

Last week we addressed the cost of being a PPC attorney. Just a little nudge to measure conversions when doing pay per click (PPC) campaigns like Adwords. Of course it is worth the investment but, you need to take a look at your keyword selections for tweaking and getting in to your niche. It takes a good cross-section of research.

Start by looking at what you want to accomplish in your interactive marketing. That includes making sure your search engine optimization and social media activities like Twitter search or Facebook are helping you to harness PPC and drive down the cost of those clicks. In the long run, the goal is to find the best clients possible and do it by knowing how they search on your practice areas online.

Originally posted at InjuryBoard by Jeff Rasansky