BP Initiates New Information to Combat Drumbeat to Kill It

SAN FRANCISCO (MarketWatch) -- BP PLC has several options to explore in dealing with the worst environment disaster in U.S. history, but the oil giant may file for bankruptcy if it faces a never-ending flow of claims, lawyers and bankers said Tuesday.

"BP has many options besides bankruptcy and is a long way from exhausting those," said Loretta Cross, a national managing partner at Grant Thornton's corporate-advisory and restructuring-services group, during a conference call organized by the American Bankruptcy Institute.

The Deepwater Horizon platform exploded on April 20, killing 11 people. It sank two days later, triggering a massive oil leak that's still spewing oil and gas. BP shares have plummeted on concern that the company could be overwhelmed by tens of billions of dollars in claims and other liabilities. Read about the stock drop.Cross, who specializes in energy-company reorganizations, estimated Tuesday that BP (BP 27.84, +0.17, +0.61%) needs roughly $30 billion in cash outside of what the company can generate from its balance sheet.

"Finding that $30 billion among their assets is a better solution than filing for bankruptcy and the ramifications it would have for BP's business partners as well as its reputation," she remarked during the conference call.

BP could sell up to $30 billion in debt and still be at the industry average for debt to earnings, before interest, taxes, depreciation and amortization, according to Cross.

The company also has tangible assets with a total value of about $232 billion, giving it "an enormous war chest" to tap if necessary.

What's more, BP could reduce capital expenditures, which totaled about $52 billion over the past two years. However, this would be the least attractive option because it would dent the company's future income, she said.

BP also spent roughly $10 billion a year over the past two years on dividends and those will likely be "curtailed or reduced," Cross added.

The company can also look to "other responsible parties," such as Anadarko Petroleum Corp. (APC 36.40, -0.27, -0.74%) , Mitsui, Transocean Ltd. (RIG 47.08, +0.26, +0.56%) and Halliburton Co. (HAL 24.48, -1.51, -5.81%) , she indicated.

A longer-term solution may be a takeover of BP, Cross said. Read about renewed takeover talk.

'Delay, delay, delay'

But even if BP has such financial flexibility, the company may be considering filing for bankruptcy, according to Peter Kaufman, head of Gordian Group's restructuring and distressed M&A practice."Just because BP can afford to pay all claims, that doesn't mean it will or should," Kaufman said during the conference call organized by the American Bankruptcy Institute. "As investment-banking adviser to BP, I would be working on a plan to help them minimize how much they pay.

"My advice to the board would be to delay, delay, delay," he added.

Pennsylvania Personal Injury Attorney II

by Christian Lassen

5 people were killed Sunday evening when their motorcycles crashed into a van on Route 72 in Penn Township.

The victims have been identified as Joshua Pennington, 27, of East Earl; Linda Lapp, 48, of New Holland; Samuel Lapp, 48, of New Holland; Dennis Wilhelm Jr., 43, of Lancaster; and Amy Wilhelm, 50, of Lancaster.

“Our sympathies to the families of the deceased”, states Philadelphia personal injury lawyer, Chris Lassen, Esquire, managing partner of the Lassen Law Firm, www.InjuryLawyerPhiladelphia.com , one of Pennsylvania’s leading law firms. “The Lassen Law firm only deducts a mere 29% fee from the accident settlement, and the Lassen Law Firm never deducts a penny in costs.”

“The typical contingency fee is almost double what the Lassen Law Firm deducts. Would you hire a real estate agent who deducted 12% or twice the normal 6% fee when selling your home? You wouldn’t have much money to pay off your mortgage if you did”, states Lassen.

The Lassen Law Firm is a Pennsylvania personal injury law firm which deducts a mere 29% contingency fee, not the standard 45% like those other law firms. The Lassen Law Firm reduces its fee even further to only 25% when representing families of deceased victims. The Lassen Law Firm believes that victims shouldn’t be hurt twice by paying a lawyer an astronomical fee.

The Lassen Law Firm, leading Philadelphia Lawyers, located at 1515 Market St, Suite 1510, Philadelphia, Pennsylvania, 19102, serves all of Pennsylvania and handles cases of: defective child products, truck crashes; SEPTA accidents, denied life insurance claims; medical mistakes; auto accidents; pedestrian accidents; construction accidents; and van accidents. For more information, call 215-510-6755 or visit www.InjuryLawyerPhiladelphia.com.

Personal Injury and Chiropractors

Personal injury іѕ a legal term fοr аn injury tο thе body, mind οr emotions, аѕ opposed tο аn injury tο property. Thе legal definition οf a personal injury іѕ аn injury tο уουr body, mind οr emotions. It іѕ nοt аn injury tο physical property.

It covers physical harm, such аѕ broken bones, bruises, οr аnу serious injury sustained іn аn accident. It аƖѕο includes thе emotional аnԁ psychological injury уου experienced аѕ a result οf trauma sustained through a humiliating οr life-threatening experience. Thе term іѕ mοѕt commonly used tο refer tο a type οf tort lawsuit alleging thаt thе plaintiff’s injury hаѕ bееn caused bу thе negligence οf another.

Personal injury іѕ thе name given tο thе branch οf tort law thаt covers аnу wrοnɡ οr ԁаmаɡе done tο another іn hіѕ person, property, rights, οr reputation. An accident саn happen аt work, іn a traffic accident, bесаυѕе οf a faulty product οr a faulty repair, bесаυѕе οf a mistake during medical treatment, οr bесаυѕе уου slipped аnԁ fell οn a wet floor οr pavement. Thе ԁаmаɡе саn bе physical οr psychological bυt, tο bе considered actionable, іt mυѕt occur due tο thе negligence οr unreasonably unsafe actions οf уουr employer, a manufacturer, уουr doctor, уουr landlord, οr ѕοmе οthеr person οr organization whο owes уου a duty οf ordinary care.

Thе mοѕt common types οf personal injury claims аrе road traffic accidents, accidents аt work, tripping accidents, assault claims, accidents іn thе home, product defect accidents аnԁ holiday accidents. Thе term personal injury аƖѕο incorporates medical аnԁ dental accidents аnԁ conditions thаt аrе οftеn classified аѕ industrial disease cases, including asbestosis аnԁ mesothelioma, chest diseases (fοr ex: emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, аnԁ chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, аnԁ repetitive strain injury cases.

Whatever аnу one want tο take аbουt οn hіѕ injury, hе ѕhουƖԁ contract a lawyer οr аn attorney. If уου hаνе sustained a hυrt уου mау bе аbƖе tο claim two types οf compensation, general ԁаmаɡеѕ аnԁ special ԁаmаɡеѕ. General ԁаmаɡеѕ аrе paid аѕ compensation fοr аn injury, fοr example, a payment fοr pain аnԁ suffering οr loss οf future earnings. Thе court wіƖƖ ԁесіԁе οn thе amount tο bе paid. Special ԁаmаɡеѕ аrе paid аѕ compensation fοr actual financial loss caused bу thе accident up tο thе date οf thе hearing. Thеѕе саn include ԁаmаɡе tο clothing οr οthеr belongings, thе costs οf care, travel costs tο hospital, medical expenses аnԁ thе cost οf hiring аnԁ repairing a car іf іt hаѕ bееn ԁаmаɡеԁ іn thе accident.

Tampa Florida Personal Injury Attorney

Orlando, FL (Tampa personal injury lawyer News)— On Thursday, April 1, 2010 a grieving and understandably upset mother and father could be heard tearfully screaming, “They killed my son” after their 9-year-old son was tragically hit and killed by a Disney bus. The St. Petersburg family was enjoying a family vacation at Disney’s Fort Wilderness when the 9-year-old boy was killed while riding his bicycle with another girl on Big Pine Drive sometime around 1:35 p.m., according to WESH and The Palm Beach Post news coverage.
Leading Florida personal injury attorney, David Shapiro of the law offices of Shapiro, Goldman, Babboni & Walsh, reports the family of Chase Brubaker is claiming Disney is at fault for the bus accident. The Brubakers accuse the bus driver of jumping the curb and onto the sidewalk where the kids were riding their bikes. Chase, the only child of Kelly Brubaker, 50 and Dick Brubaker, 56, was riding his bike with another 11-year-old girl on a sidewalk just hours after arriving at the popular campgrounds. Kelly Brubaker remembers how Chase gleefully said, “This is the best day ever. This is my best vacation,” as they arrived. Full of excitement, Chase and his friend took off on their bikes to explore the campgrounds. As they were riding, Chase looked behind him and inadvertently veered into the path of the oncoming Disney bus. He was then subsequently pulled under the bus and under the right rear tire. Chase was pronounced dead at the scene by responding medical teams, as his distraught family looked on.
The Brubakers and the girl riding with Chase dispute the Florida Highway Patrol’s (FHP) findings, although witnesses sided with the FHP’s report. They both maintain the bus jumped onto the sidewalk and struck Chase. A well-worn strip of grass is all that separates the road from the sidewalk, an indication that other vehicles have crossed over the grass many times before. FHP officials assert the physical evidence at the scene and the witnesses’ statements backed up the claims that the boy veered into the road and into the side of the bus.
The driver of the bus, David Rich, 56, a 30-year employee of Disney’s transportation department, is currently under investigation by police officials. It has yet to be determined if he saw Chase prior to the crash and if he will be charged.
David Shapiro, a top Tampa personal injury lawyer, asserts you may be entitled to compensation for damages if you are injured due to another person’s negligence. Contacting an experienced attorney who has a proven track record in litigating accident claims may help you recover the damages you deserve.
Personal injury news by leading Tampa personal injury attorney, David Shapiro.

New York Personal Injury #7

Lawyer represents victims of personal injury, accident injury and medical malpractice within New York State including Queens, Bronx, Brooklyn, Long Island and Manhattan.

NY Personal Injury Lawyer - www.866attylaw.com/personal_injury represents victims of personal injury within New York State.

As per the NYS law, those who have suffered injuries due to negligence of some individual or authority are eligible for personal injury compensation. A personal injury compensation covers various types of injuries that are sustained by the victim. Some of the injuries which can resultin serious personal injuries include auto accidents, car accidents, motorcycle accidents. Some personal injuries can also result from medical malpractice.

Some of the basic steps involved while filing a personal injury lawsuit are given below-

a) Consult with a medical practitioner right after the accident. Many patients tend to ignore the injuries and can experience pain after one year of the accident.

b) Take photographs of the contusions, inflammations, lacerations, broken or injured bones and present them along with the medical report given by the doctor.

c) Write down every detail related to the accident and include the date, time, place, and kind of injuries you have suffered. Also, prepare a document with other essential details like lost wages and medical expenditure that have been sustained. These details would help the attorney to settle right compensation amount for your injuries.

d) Victims of car accident must file an accident report with New York State Police and keep a copy of the same. This would be useful while filing the case.

e) Write down contact details of any eyewitnesses. Also, document their written statements.

f) To win a personal injury compensation lawsuit is a very difficult task. Therefore, if you have suffered injuries within New York State then you must contact an NY personal injury law firm get justice and compensation at the earliest. Many insurance companies play under-hand tactics to nullify genuine injury claims. All these complications can be easily handle by an experienced lawyer.

New York, Bronx Personal Injury Lawyers - Frekhtman and Associates represents victims of personal injury within New York City. Call us at 1-866-ATTY-LAW for a free legal consultation.

Maritime Law and Personal Injury in the Gulf

June 24, 2010 /24-7PressRelease/ -- As the Gulf of Mexico oil spill continues to dominate headlines and the extent of the environmental damage unfolds, the media has mostly forgotten the human tragedy that first brought attention to this disaster. On April 20, 2010, eleven workers were killed in the explosion and resulting fire, many leaving behind spouses and children. Many others were seriously injured and all will suffer from the mental consequences of going through such a horrific event. For businesses relying on the sea for their livelihood, damages continue to mount.

The list of injuries includes severe burns, broken bones, respiratory damage, and post traumatic stress disorder. Whether or not they sustained physical injuries, workers are faced with a lifetime of horrific memories, including plunging 70 feet into the flaming oil-covered sea to escape the inferno. Commercial injuries include the loss of revenue and the possible failure of businesses.

Physical and Financial Damage

Working on offshore oil rigs in the Gulf of Mexico is one of the most hazardous occupations in the U.S. From 2006 to 2009, 30 workers were killed and another 1296 were injured due to fires, explosions or other accidents. Typical injuries included crushed limbs due to shifting machinery, disfiguring burns from sudden fires and shattered bones from the force of explosions. Cost cutting and constant pressure for increased productivity too often create an environment where worker safety takes a back seat to profit. In the case of the Deepwater Horizon, it is already clear that time pressures and the desire to save money made safety and prudent judgment take a back seat.

Since the April explosion, speculation has run rampant about the extent of financial damage that will result from such an immense regional oil spill. The fishing and tourism industries are expected to be particularly hard hit. In addition to civil damages claims in state and federal courts, some plaintiffs will seek relief via the claims process created in the 1990 Oil Pollution Act, which is funded by a tax imposed on the oil industry. Several senators recently introduced legislation to raise the current damages cap under the law from $75 million to $10 billion. But what about the human cost?

Personal Injury Claims

Employees on the Deepwater Horizon will have the right to sue their employer under the Jones Act, a special statute relaxing proof standards and creating an array of remedies available to surviving seamen. Such remedies include pain, suffering, mental anguish, physical impairment, medical expenses and lost wages both in the past and into the future. Employees may also bring actions against non-employers under general maritime law which allows recovery of the same type of damages. Punitive damages are a type of damage permitted under either theory and are meant to punish the responsible parties to deter bad conduct in the future. Claims of unseaworthiness may also be made against the Deepwater Horizon, giving rise to a form of strict liability. Finally, those who sadly lost their lives on the Deepwater Horizon will also have a right to pursue claims for the damages arising from the Death On The High Seas Act.

Commercial Loss Claims

What about the loss of revenue or failure of the myriad of businesses who rely on the beauty and bounty of the sea for their livelihoods, such as fishermen, oystermen, seafood wholesalers, boat charters, hotels, resorts, etc.? They, too, will have a right to recover their losses pursuant to the 1990 Oil Pollution Act and other theories. Good record keeping will go a long way to help prove their ultimate loss, as will documentation of other attempts made to reduce the loss.

Will We Recover and When Will It End?

The end is nowhere in sight and it is a real question as to if it will ever end. Obviously, for those who lost their lives, the damage will never end. The same is true of those seriously injured. Many businesses will be lost forever as will their way of life. It is important to know, however, that there are laws available that can help both personal injury and commercial victims recoup their losses.

Admiralty and Maritime Law: A Sea of Complexity

Unlike other personal injury, workers' compensation, wrongful death and commercial loss cases, litigation involving maritime accidents comes with a special set of challenges, including a range of complex, industry-specific facts and laws. Just as important, lawyers who handle maritime accident litigation must be familiar with a vast array of federal laws and the unique procedures used in federal court. Some attorneys are unfamiliar with maritime law and can cause costly outcome determinative mistakes. For this reason, one must be cautious to retain an attorney already familiar with maritime law.

Article provided by The Krist Law Firm, P.C.
Visit us at www.kristlaw.com

Federal Judge in Toyota Case Continues to Rule on Motions

By GILLIAN FLACCUS (AP) – 3 hours ago
SANTA ANA, Calif. — A federal judge overseeing sprawling litigation against Toyota Motor Corp. indicated Wednesday he will not allow plaintiffs' attorneys to call expert witnesses who work for the carmaker's competitors.
In tentative opinions, U.S. District Court Judge James v. Selna also indicated he believes Toyota has the ability to compel dealerships to preserve evidence from defective cars they inspect, even though the carmaker's attorneys argued the dealerships fall outside their authority.
Selna also appeared to reject Toyota's bid to freeze discovery on the merits of non-class action claims until the class action cases could be certified — a process plaintiffs attorneys said outside court could take a year or more.
He also indicated he would allow federal attorneys in the Toyota cases to share confidential and propriety information about Toyota vehicles with plaintiffs' attorneys handling cases in state courts in Texas, New York and California — but only with strict controls, careful scrutiny and prior notification to Toyota attorneys.
The judge is expected to issue a final written order on all of those issues within the next few days.
Resolution on the questions raised at the two-hour hearing should clear the way for attorneys on both sides to start exchanging information and taking depositions in the massive litigation, which touches on more than 320 lawsuits in state and federal court. Selna appeared to agree to a limited first phase of discovery spread over anywhere between 75 and 120 days, while plaintiffs' attorneys handling personal injury and wrongful death claims said they would provide fact sheets on their clients to Toyota for review.
Hundreds of lawsuits have been filed in federal and state court against the Japanese automaker after it began its recall because of acceleration problems in several models and brake glitches with the Prius hybrid.
Toyota blamed faulty floor mats and sticky accelerator pedals for the unintended acceleration. Some plaintiffs also claim that there is a defect with Toyota's electronic throttle control system, but Toyota denies that.
The court will also take great pains to make sure as much of the proceedings as possible are open the public while balancing it with Toyota's concerns about the exposure of its proprietary information, Selna said.
"The material ought to be available to be shared ... and I think Toyota acknowledges that," Selna said.
Plaintiffs' attorneys have already provided Toyota with requests to take testimony from witnesses in 23 categories, said Mark Robinson Jr., an attorney overseeing the personal injury cases against Toyota.
The complex case is structured so that depositions and evidence turned over by Toyota in the consolidated federal case will be shared with attorneys, judges and plaintiffs suing the automaker in state courts nationwide. Such a system means that witnesses won't have to be questioned multiple times, thereby speeding up litigation.
One issue that provoked debate at the hearing involved how much highly confidential information plaintiffs' attorneys working on the federal case could share with their counterparts in state cases in other locations.
Plaintiffs' attorney bridled at Toyota's suggestion that access to the most confidential information — such as computer source codes — be restricted to a small number of people in the federal case. Such a rule would result in a "two-tier system" that would cut out a large number of plaintiffs, said Wylie Aitken, a plaintiff attorney.
"They have to feel that they're part of what's going on in this courtroom and the judges that we're going to be working with, whether it be Texas or Florida, they want to feel that their litigants are getting the same type of treatment," Aitken said.
But Toyota attorney Lisa Gilford said some of the information that will be placed in evidence at trial is extremely sensitive and any leaks could severely damage Toyota's competitiveness.
"We want to have a further line of control for that trade secret and information that could be damaging should it get out into the wrong hands," she told the judge. "We think the access to that should be controlled by the court."
The next hearing, to discuss the details of the first phase of discovery, is scheduled for July 20.
Copyright © 2010 The Associated Press. All rights reserved.

American Lawyer Released from Rwanda Jail

By STEVE KARNOWSKI (AP) – 2 hours ago
MINNEAPOLIS — A Minnesota law professor who was imprisoned in Rwanda for challenging the official version of the country's 1994 genocide got a big hug from his wife and cheers from supporters as he arrived home Tuesday.
"The stories of my demise were only slightly exaggerated," Peter Erlinder said after arriving at Minneapolis-St. Paul International Airport.
The Rwandan authorities released him on medical grounds late last week, but did not drop their investigation, and he said at the time that he would return there to face charges.
Flanked by his wife and daughter, Erlinder credited Secretary of State Hillary Rodham Clinton, Sen. Amy Klobuchar, Rep. Betty McCollum, U.N. officials and a worldwide show of "globalized people power" for getting him freed.
Erlinder, 62, a professor at William Mitchell College of Law in St. Paul, was in Rwanda to help defend an opposition presidential candidate when he was arrested May 28. He was accused of violating Rwandan laws against minimizing the country's 1994 genocide, though he has not been formally charged.
The professor said individual Rwandans he encountered, including his jailers, were all "wonderful" toward him "in spite of the lies they've been told about how the genocide happened." That drew a plea from his wife, Masako Usui, not to stir things up again, which was only partially successful.
On its surface, Erlinder went on, the Rwandan capital Kigali looked much improved since his last trip there in 2004. And he noted many world leaders have said Rwanda has changed for the better into a more democratic country.
"I made the mistake of believing them," Erlinder said.
Erlinder said his imprisonment showed Rwanda hasn't changed, and he compared the authorities in the East African nation to the East German and Soviet secret police.
"I have seen how it works and they make the Stasi and the KGB look like amateurs," he said.
But Erlinder deferred most questions about his ordeal and his plans until a news conference set for Wednesday.
The press officer at the Rwandan embassy in Washington, Carol Rugege, was away from her office and not available for comment, a man answering the phone at the embassy said Tuesday.
Erlinder already had been involved with Rwanda through his work as a defense lawyer with the Tanzania-based International Criminal Tribunal for Rwanda, which was created by the U.N. Security Council to prosecute those accused of responsibility for the genocide.
He disputes the generally accepted version of history, which holds that roughly 800,000 Rwandans, the vast majority of them ethnic Tutsis, were massacred by extremist Hutus over 100 days. The mass killing began after President Juvenal Habyarimana's plane was brought down in April 1994.
Erlinder told reporters in Nairobi, Kenya, on Sunday he's never denied there was a genocide against Tutsis in Rwanda, but he contends large numbers of Hutus were killed too, maybe more Hutus than Tutsis. He also disputes the view that the slaughter was planned long before Habyarimana's death. He said the U.S. government has systematically suppressed evidence of what actually happened, and that documents from the U.S. and U.N. that recently have been made public, as well as evidence that has emerged through the tribunal, back him up.
(This version CORRECTS Erlinder quote about Stasi and KGB to reflect he said 'amateurs,' not 'angels.')
Copyright © 2010 The Associated Press. All rights reserved.

California Personal Injury Attorney in Santa Clarita

My name is Robert Mansour, a personal injury attorney serving the Santa Clarita, California area and beyond.
Oftentimes, my clients are very concerned with what their case is worth. In their minds, it is usually worth a great deal. Part of my job is to bring my clients down to planet earth. I will not make false promises or inflate your expectations. No one will ever be able to see the case through your eyes. That being the case, you must get out of that mindset. You can think your case is worth a million dollars all day long, but it doesn't really matter what you think. What matters usually is what a jury is apt to think or before that, what an insurance adjuster assigns to the case. However, people still ask me, "How much is my case worth?"

The best way to determine how much your injury claim is worth when you are injured in a car accident is to look at how an insurance company would value your claim. An insurance carrier will first look at the types and amounts of damages suffered and then at percentage of fault.

This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches.

Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards. Keep in mind you may have a very serious injury, but without medical records and expenses, your case may very well be compromised. That is why I cringe when clients call me 6 weeks post accident. They tell me of the serious injuries they had but they still have not seen a doctor!

Future medical expenses are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment. Generally speaking, the future medicals must be "reasonably certain" to be incurred.

Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look at the nature of the injury, the severity of the pain, and how long you are likely to be in pain to determine the amount of damages. Remember that NO ONE will see this case through your eyes. A jury's valuation of your case may differ greatly from your own evaluation.

If you are unable to work because of your injury, you may recover the amount of money you would have earned if you have not been injured. Lost wages should be documented where possible. If you have a business that sufferred, you might have to show an earnings track record before the accident and your earnings after the accident. If there is a disparity, you might be able to prove that as an element ofyour case.

You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what you might have earned had the accident or injury not occurred. Again, speculation isn't going to cut it. You will need to demonstrate to an insurance adjuster or jury that your numbers have a strong foundation.

Recovery for the value of property that was damaged, including your vehicle and its contents. This also includes loss of use (i.e., rental value for the period of time you were without a car). Please remember that defendant (or their insurance company) is not obliged to buy you a new car! They are only supposed to put you back in the position you were before the accident happened.

Finally, every client has to make a decision at some point. They can either take the offer being made or generally speaking, file a lawsuit against the other party. In some cases, filing a lawsuit makes sense. However, you need to take into consideration the costs of filing a lawsuit. Even though you may recover more money from a jury, you may actually end up with less money when all is said and done.

Robert Mansour is a Santa Clarita lawyer who can help you get compensated for your car accident or other injury case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Canyon Country, Castaic, Stevenson Ranch, and surrounding communities.

New York Lawyers for Personal Injury

NESCONSET, NY, June 20, 2010 /24-7PressRelease/ -- Bronx Lawyers, Reibman & Weiner, have won several car accident lawsuits including accidents involving trucks. According to both attorneys, Marc Reibman and Steven Weiner, car accident lawsuits are more complex than most people think. It is highly recommended that a person hires the services of a qualified lawyer when they are involved in a car accident. When a person is injured in a car accident there is an assortment of requirements involved. Automobile drivers and even truck drivers who are responsible for an accident must be held liable for all damages and injuries associated with the accident.

The very first thing a person should do after a car accident is to seek medical attention if they are injured. After they have received medical attention, the accident victim should fill out a No Fault Insurance application. This application must be submitted to the insurance company responsible for making payments to the injured victim's medical bills. Accident victims are required to file their No Fault Insurance application within 30 days from the date of the accident. Truck accident victims should also file a No Fault claim as well.

The right to bring a lawsuit for money damages is not automatic. A car accident or truck accident victims must have a "serious injured" according to the New York State Vehicle and Traffic Law requirements. A serious injury is, generally, an injury that results in a missing work for at least 90 days of the first 180 days following the accident or the person injured has a total or permanent partial loss of a body system or part as the result of the car accident or truck accident.

Accidents involving buses are treated in the same way. Even if the bus is a NYC MTA bus, a No-Fault Insurance claim must be filed. In addition, a Notice of Claim must be filed within 90 days and the serious injury rule applies as well. An accident with a police car also requires a No Fault Insurance claim and a Notice of Claim filed with the City of New York.

About Bronx Attorneys Reibman & Weiner

Over the past 15 years, Bronx Car Accident Lawyers, Reibman & Weiner have won several settlements against the City of New York. In addition to injuries based on automobile accidents, Reibman & Weiner have won settlements for brain injury, cerebral palsy, Erbs Palsy and brain damage.

Their lawyers have also won settlements based on civil rights violations by the NYPD. They have recovered millions of dollars for their civil rights clients. Many of their clients have experienced police brutality including false arrest and false imprisonment.

Combined, the Bronx Attorneys have over five decades worth of experience in fighting for the rights of injured citizens. Many of these settlements were based on civil rights violations by the NYPD. The law firm has recovered millions of dollars for their civil rights clients. For further details about Reibman & Weiner, call 718-522-1743.

Reibman & Weiner
26 Court St.
Brooklyn, N.Y. 11242
718-522-1743
http://www.bronxlawyersfirm.com

Person Injury Attorney Michigan

Personal injury attorney Steve Gursten of Michigan Auto Law teaches lawyers that understanding the insurance industry’s computer claims software is the key to settling personal injury cases for money

Novi, MI (PRWEB) June 19, 2010 – Most personal injury attorneys constantly grapple with how to do a better job settling cases quicker and for more money. Now, Steven M. Gursten, who is recognized as one of the nation's top attorneys handling auto accident cases, is answering those questions. Gursten is moderating and speaking at a Michigan Association for Justice Seminar aimed at teaching lawyers exactly how to settle personal injury cases for more money."This legal seminar has more than a catchy name," says Gursten, managing partner of Farmington Hills-based Michigan Auto Law, which exclusively handles car accident, truck accident and motorcycle accident cases throughout the state."It's becoming a necessity for personal injury attorneys to better understand how computer claims assessment software programs being used by the insurance industry have been responsible for decreasing the value of all personal injury cases, especially for car accidents."
In his speech, "The No. 1 Tip to Maximizing Personal Injury Settlements," Gursten will explain how many of the top No-Fault insurance companies use claims assessment software to evaluate personal injury claims. These computer programs all work on the same principle of tracking settlements of similar cases and personal injuries, then giving claims adjusters a range of what they have authority to settle these cases for, he said.

Gursten explains that in years past, when an incompetent personal injury lawyer tried to make a quick buck and settle a case cheap, all he was doing was hurting was his client. Now, with the widespread adoption of these assessment software programs, even the very best personal injury lawyers are finding settlement offers constrained by average settlements.

"This is because the values of their cases are gradually lowered each year, as median settlement values reflect every low and inadequate settlement and every negotiation made by bad lawyers. Everyone is now affected," Gursten said.

The solution? Gursten says to settle personal injury cases involving pain and suffering damages for top dollar, a personal injury lawyer must be willing to try cases.

"The difference in being willing to take a case to trial is huge. Insurance companies and defense lawyers know who plays the game. They know if it has been 15 years since an attorney has gone to trial, and they will conduct settlement negotiations accordingly," Gursten said, noting that bad faith litigation against some insurance companies has shown that a lawyer’s reputation as someone willing to take a case to trial can increase the value of a settlement up to four times more for his injured client.

Gursten frequently speaks around the country on auto accident litigation and personal injury law. He is available for comment on settling cases for more money, No-Fault insurance or car and truck accidents.For more tips on auto accident and personal injury cases, read Gursten's legal guide for Michigan lawyers.

About Steven M. Gursten: Steven M. Gursten is recognized as one of the nation’s top attorneys handling serious car and truck accident injury cases and automobile insurance litigation. He is co-chair of the Michigan Association for Justice Auto Accident No-Fault Committee, and holds leadership in several other local and national legal organizations aimed at helping car and truck accident lawyers and attorneys handling traumatic brain injury cases. Gursten received the top-reported auto accident settlement in 2008 and 2009, according to published reports from Michigan Lawyers Weekly.

About Michigan Auto Law: Michigan Auto Law is a third-generation law firm with 19 lawyers specializing in helping people who have been seriously injured in automobile accidents throughout the state. The firm has received the top reported jury verdict for auto accident cases in Michigan for six of the past nine years, according to published reports by Michigan Lawyers Weekly. Michigan Auto Law is headquartered in Farmington Hills, at 30101 Northwestern Highway, with additional offices in Detroit, Ann Arbor, Grand Rapids and Sterling Heights. For more information or a free consultation with an auto accident attorney, call (800)777-0028.

San Diego Personal Injury Attorney

If you or someone you love has been injured, whether in an accident or otherwise, you are in the right place to obtain useful information to help yourself or those you care about.

Online PR News – 18-June-2010 – San Diego Personal Injury law firm has launched a new informative website, focused on bringing San Diego residents enhanced information and tools for Personal Injury services.

While they cannot make the pain go away, but Personal Injury Attorneys at the SanDiegoPersonalInjuryAttorney.net can help make you whole again, by aggressively protecting your rights and forcing those responsible to pay you money damages.SanDiegoPersonalInjuryAttorney.net has placed significant emphasis on the service components of the website, which gives visitors what they want.

The main goal with the new website was increasing awareness among the San Diego residents for their Personal Injury Lawsuits and also the new site truly showcases the commitment to giving users the information they need.

About the Company:

San Diego Personal Injury Attorney are professional lawyers to help people who have been seriously injured or who have lost a loved one due to someone else carelessness. For details visit - http://sandiegopersonalinjuryattorney.net

Florida Personal Injury Attorney 6

ORLANDO, FL, June 18, 2010 /24-7PressRelease/ -- An elite group of celebrity experts from various industries were featured in USA Today in a full-page color spotlight on Friday, May 28, 2010. One of these experts, William (Bill) D. Umansky, or "The Lawman" as he is affectionately known by his peers, is being featured as a member of America's PremierExperts. Bill was chosen for this honor for his success in the field of motivational speaking based on his concept that everyone deserves a second chance. Bill Umansky is a respected Florida-based lawyer known for his work providing "Second Chances" to his clients in Personal Injury and Criminal Law.

Bill prides himself on working hard to see that people who are injured are given compensation to begin their journey towards a new and better life - a life they can begin as masters of their own destiny, not merely as victims of circumstance. Bill handles all personal injury cases including car accidents, truck accidents, motorcycle accidents, sex abuse, negligent security, slip and fall and premise liability cases.

Additionally, Bill has helped numerous people, who have been caught making mistakes and finding themselves entrenched in the Criminal Justice system, to get a second chance by getting their charges dropped, reduced or potential sentences mitigated and in many cases giving them the guidance they need to address their particular problem such as drug or alcohol abuse so these clients don't not find themselves in trouble again.

America's PremierExperts LLC is an organization that provides free expert information and content to consumers and journalists alike, and honors business experts who are dedicated to spreading knowledge and awareness in their field of expertise and making significant contributions to their industry and the marketplace as a whole.

The participants selected to participate in this year's program are forward-thinking business owners, entrepreneurs, professional speakers, authors and corporate CEOs looking to give back by educating consumers, as well at distinguish their brand and increase revenues.

For more info, please visit http://www.thelawman.net and http://www.orlandocrimedefense.com/ for Criminal Defense Matters and http://www.thelawman.com for Personal Injury Matters.

Atlanta Personal Injury Attorney Honored

Peachtree City, GA 16-June-2010 -- The Law Offices of R. Shane Smith, Atlanta Personal Injury Attorney, are pleased to announce that Smith has been recognized for his outstanding efforts on behalf of clients during some of their toughest times. Many people who are involved in auto accidents, hit by moving vehicles while they are walking, or victims of DUI drivers do not know their rights under the law. R. Shane Smith helps to level the field and make insurance companies and those guilty of causing injury pay a fair amount.

Insurance companies routinely offer the minimum payout possible for accident and injury settlement. An attorney can help ensure that they pay for all associated medical expenses as well as lost wages and compensation for pain and suffering.

Many people who are victims of DUI do not realize that the criminal court can find the person guilty and assess a fine, but that does not help the victims injured due to this person's illegal act. Smith helps clients to gather the needed information to support their civil case after the person is convicted in criminal court. He also explains the laws and settlement options available to them in Georgia.

For more information about how R. Shane Smith, Atlanta Personal Injury Attorney, helps those who suffer injuries recover fair settlements and compensation for their pain and suffering, visit his website at http://www.shanesmithlaw.com/. Members of the press and/or other interested parties may also obtain more information Attorney Smith and/or the content of this press release by contacting the following:

Law Offices of R. Shane Smith

PO Box 2474

Peachtree City, GA 30269

Phone: 770-487-8999

Fax: 770-631-7667

California Personal Injury Attorney IV

The California personal injury attorneys of BISNAR | CHASE (www.BestAttorney.com) have filed a lawsuit against the City of San Clemente, California, for dangerous conditions of public property. The lawsuit was filed after a July 2009 incident in which Janice Silva, a resident of San Luis Obispo County, California, sustained severe, permanent and disabling injuries when she became trapped in debris along a walkway near San Clemente's Linda Lane parking area and beach access tunnel. The action was brought against the defendant by Janice and her husband, Robert Boswick, who was a witness to the incident. The lawsuit is pending in the Superior Court of California, Orange County, case #30-2010.

Newport Beach, CA (Vocus/PRWEB ) June 15, 2010 -- The California personal injury attorneys of BISNAR | CHASE (www.BestAttorney.com) have filed a lawsuit against the City of San Clemente, California, for dangerous conditions of public property. The lawsuit was filed after a July 2009 incident in which Janice Silva, a resident of San Luis Obispo County, California, sustained severe, permanent and disabling injuries when she became trapped in debris along a walkway near San Clemente's Linda Lane parking area and beach access tunnel. The action was brought against the defendant by Janice and her husband, Robert Boswick, who was a witness to the incident. The lawsuit is pending in the Superior Court of California, Orange County, case #30-2010.Dangerous San Clemente Walkway Causes Severe Personal Injuries
According to court documents, on the afternoon of July 26, 2009, Janice Silva was walking from the beach toward the Linda Lane parking area in San Clemente, California. Approximately eight to ten inches of seaweed, sand and other debris covered the walkway and a portion of the curb through the adjacent Linda Lane tunnel and beyond, making it extremely difficult for pedestrians to distinguish between the edges of the walkway and the adjacent curbs in the area. As Janice walked, the debris underneath her gave way, causing her foot to sink and become trapped. Even though her foot was immobilized, her body continued its forward momentum which caused the bones in her leg to twist and break. As a result, Janice sustained serious injury as well as physical and mental pain and suffering.

San Clemente Failed to Correct Dangerous Conditions, Failed to Warn Public of Dangers

"What is completely unacceptable about this case is that the City of San Clemente knew these dangerous conditions existed prior to the incident involving Janice, as this area is prone to flooding and debris accumulation," said Brian Chase, a senior partner at BISNAR | CHASE. "Not only did the city fail to remediate the problem, it did nothing to warn the public about the danger that existed. By choosing to ignore it, city employees acted in a negligent, careless and reckless manner, putting human safety at risk."

The suit alleges that the walkway where Janice was injured was wrought with a variety of hazards that created a substantial risk to her and to others who might use it for similar purposes. First, the area was prone to flooding and to deposits of substantial amounts of debris from ocean tides. What's more, the accumulation of debris hid the walkways, the edges of the walkways and the curbs, jeopardizing the safety of people who traversed this area on foot. The suit alleges that the existence of these dangerous conditions coupled with the city's failure to act appropriately were substantial factors in causing or contributing to the accident injury.

The action seeks economic damages for Janice's severe bodily injuries and past and future physical and mental pain and suffering, as well as past and future economic losses. It also seeks damages for Robert's severe emotional distress after witnessing his wife's fall and resulting injuries.

About BISNAR | CHASE

The BISNAR | CHASE law firm's California personal injury lawyers represent people who have been very seriously injured or lost a family member due to an accident, defective product or negligence throughout California. The law firm has won a wide variety of challenging personal injury and defective product cases, involving car accidents, on-the-job accidents, dog attacks and defective products made by Fortune 500 companies, insurance companies and governmental agencies. For more information, visit The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim.

Indiana Personal Injury Attorneys

2010-06-14 22:55:35 - Young and Young one of the leading consumer personal injury law firms in Indianapolis, has announced the launch of its new consumer-friendly personal injury website this week.

Indianapolis, IN June 15, 2010 --- Young and Young one of the leading consumer personal injury law firms in Indianapolis, has announced the launch of its new consumer-friendly personal injury website this week—http://www.youngandyoungin.com.

The new website is designed to help Indiana citizens learn about personal injuries, automobile and motorcycle accidents, construction site injuries, medical malpractice, and social security disability claims process,
and understand the rights and protections available to them.

“We’re not just lawyers, we’re also translators in a sense,” says John Young, whose firm offers free initial consultations. “We recognize that it’s important to present information and legal options about personal injuries in a way that makes sense to an average person.”

A Proud Tradition of Service to Indiana Since 1954

The Young Family has been an important part of the Indiana Legal Community since 1903 when Howard S. Young, Sr. started helping Hoosiers. Howard, Sr. practiced for forty years before becoming the 76th Justice of the Indiana Supreme Court. Howard, Sr. also served as President of the Indianapolis Bar Association from 1931-1932. In 1951, Howard, Sr., stepped down from the Supreme Court and joined his son Howard, Jr., to form Young & Young in 1954.

The Indianapolis law firm of Young & Young has a long record of distinguished service to Hoosiers needing help involving such issues as personal injury, insurance coverage disputes, Social Security disability, construction accidents, wrongful death litigation, large truck accidents, drunk driving crashes, highway accidents with semi–tractor trailers, or motorcycle accidents. Each of the firm’s attorneys are seasoned and knowledgeable trial lawyers who knows how to investigate an accident claim, evaluate and document a damages claim, and present evidence to a judge or jury in a way that is both persuasive and clearly understood.

For more information about Young and Young, go to www.youngandyoung.com

The High Cost of Personal Injury Litigation

If a 584-page report can be distilled into one basic question it is this: who should meet the cost of funding personal injury litigation?

Sir Rupert answers his own question emphatically: defendants should no longer meet the cost of these additional liabilities, and the Back to the Future solution is for the burden to fall onto the individual claimant.

What has changed in 10 years that makes it now so iniquitous that defendants should continue to pay success fees and after the event (ATE) premiums?

Liability insurers have certainly complained long and loud over this additional expense and the system has been mired in satellite litigation. Success fee percentages have gone down over this period, so that in the vast majority of PI cases success fees are fixed at 12.5% or 25%. ATE premiums have, however, increased significantly, partly because there is no effective mechanism whereby the payer can control the cost. But necessity currently trumps proportionality, as it has to if ATE insurance is the vehicle for costs’ protection for injured people.

No easy solutions

Sir Rupert has recommended an alternative to ATE insurance: qualified one-way costs shifting (see this issue p 519). The principle is fine. Most PI claims are successful and so defendants pay out much more in ATE premiums for those successful cases than they recover in costs for unsuccessful ones. By replacing ATE with one-way shifting the defendant makes significant cost savings while the claimant’s costs protection in losing cases is preserved. Both sides are protected (the “qualified” bit) by a mechanism akin to the legal aid costs protection provision in the Access to Justice Act 1999 that renders the claimant liable for some costs in fraudulent and frivolous claims or where he is “‘conspicuously wealthy”.

There are, however, two important flaws with this proposal:

l the mechanism needs to be refined to offer the claimant proper protection. As drafted it is very wide, allowing a judge considerable discretion to penalise a claimant in costs.

l ATE insurance meets the cost of disbursements (approximately £500 according to Sir Rupert’s figures) in losing cases. Without an ATE policy these costs will be left in the lap of the claimant or his lawyers.

Claimant lawyers already fund disbursements themselves (subject to reclaiming them under the ATE policy in losing cases). Sir Rupert suggests they may afford to write off disbursements in unsuccessful cases because of the savings they make following abolition of referral fees. This is wishful thinking. In short this proposal on disbursements will torpedo the CFA model and will deter many claimants from enforcing their rights.

Disbursement levy

The answer could be to add a disbursement levy on defendants in winning cases. This would be a relatively modest sum when spread across all such cases. However, Sir Rupert is implacably opposes such a scheme—he considers it “perverse” that defendants should have to pay that part of the ATE policy which covers disbursements in losing cases.

Even if abolishing recoverability can resolve the ATE issue it does not follow that it can work for success fees; indeed there are good reasons why it will not. Sir Rupert’s proposals involve a balancing act whereby the claimant takes on the liability for the success fee (subject to a 25% cap) but gains a 10% premium on general damages. He is persuaded by his academic assessor Professor Fenn that the “great majority of claimants (whose cases settle early)” will be better off.

If one tries to model a range of claim values using this formula, whether or not the claimant is better off or not rather depends on what assumptions one makes about the proportion of general damages to specials, the amount of success fee that will be charged to the claimant under Jackson, the time the case takes to settle, and the applicable level of base costs.

For example at the bottom end of the scale, if in a road accident claim in the new road traffic accident claims process that settles at Stage 2, general damages are £1,000, specials are £200, base costs are £1,200, and the success fee is 12.5%, the claimant will gain £100 in general damages but will pay £150 in success fee and so will be £50 worse off.

At the top end of the scale Stewarts Law LLP have demonstrated in their response to the Jackson report that in serious injury cases, where general damages are small as a proportion of overall damages, the increase in generals would be more than offset by payment of the success fee, such that in their dataset the average claimant would lose over £47,000 from his damages.

It is not sensible to proceed with a radical proposal based on doubtful and unsubstantiated assertion about its effect, and as part of the post Jackson report evaluation process the Fenn figures must be published.

Ultimately, claimants are merely seeking compensatory damages for negligently caused injury. They should not be undercompensated to relieve tortfeasors of some of costs burden of litigation. Liability insurers are professional risk managers—it is right that their business models should have to factor in adverse costs. If the additional costs of funding litigation are considered too high then Jackson LJ acknowledges that there are ways to reduce them, such as further fixing and tailoring of success fees and ATE premiums. The answer is not simply to shift the liability to the injured person.

Stuart Kightley, APIL EC member and a partner at Osbornes Solicitors

Former Mayor Still Under Duress

A Farmington Hills lawyer hired to represent imprisoned former Detroit Mayor Kwame Kilpatrick on his appeal said Tuesday that he plans to file an emergency motion this week for bond.
"When you analyze the law, you have to look at certain factors as to whether or not a person is entitled to a bond," Reed said during a news conference in his office. "The standard is different if a person has been convicted of an assaultive crime as opposed to a person who has not. Once you analyze and identify the proper standard, you have to look at whether the person is a danger, whether the person is a threat."

Last week, attorneys Michael Alan Schwartz and Daniel Hajji withdrew from representing Kilpatrick.

According to Reed's Web site, his areas of practice cover a wide swath -- from personal injury and criminal law to police misconduct, discrimination and civil rights.

"My focus will not be on text messages, alleged extramarital affairs and the like," Reed said. "We will legally analyze the conduct of the prosecution, as well as the court, in the recent probation hearing and subsequent sentencing."

Wayne County Circuit Judge David Groner's sentencing of Kilpatrick exceeded state guidelines, which called for a sentence ranging from no jail time to 17 months. Reed said there was no justification for exceeding the guidelines.

"As in any civilized society, the punishment should be made to fit the crime," Reed said. "Although tempting, we cannot succumb to the temptation to treat Mr. Kilpatrick differently. Yes, he once was a public figure. ... Today, he is a criminal defendant."

Reed would not say whether he is representing Kilpatrick for free.

In court last week, Kilpatrick had said there was no more money, so being represented by Schwartz had been a godsend.

"Money," Reed said, "is not an issue that I'm here to discuss."

Accidents Cause City Council to Look at Injury Claim Laws

By BILL RICHMOND, City editor
Published: Friday, June 11, 2010 11:36 AM EDT
Winchester City Council Monday evening got its first look at a proposed new law to regulate the use of scooters, mopeds and "pocket bikes" on city streets. Several council members said they would like to read through the sample ordinance, based on a law now in effect in Richmond, before acting on it.

"The mayor brought this to my attention," said Winchester Police Chief Mike Burk. "He said it should be regulated. We've had two personal injury accidents involving scooters in the past week. We need to regulate them and be sure these vehicles are safe for users as well as for pedestrians and other motorists."

Burk said the proposed ordinance would require moped and scooter operators to abide by many of the same traffic laws a passenger vehicle must follow.

It would require a simple registration process to be completed at the police department. The purpose of this process is make sure each vehicle is mechanically sound. Owners will be given a registration plate or sticker on completion of this inspection.

Burk said the exception to this rule is pocket bikes which are not legal on the streets.

"We're still working on conducting registration/training sessions for minors through the director of ABATE," he said. "A helmet and eye protection will be required.

"What we're looking at as a whole is the vastly increased number of these vehicles that are out there."

The proposed ordinance would require a $25 a year moped registration fee. Burk said although moped operators will not have to have a drivers license, they must have a state-issued ID card.

The ordinance, if approved by council in three consecutive readings, will go into effect 30 days after final approval.

"This is an issue that is being addressed in more and more communities across the nation," Croyle said.

Council member Bill Peden said council will conduct the approval process in a manner that allows public input along the way.

In other business:

• Croyle said 25 local young people participated in the first day of the Second Harvest Food Bank summer lunch program. The program provides basic sack lunches for kids during summer break from school.

The lunches are distributed from 11 a.m. to 1 p.m. at the number one shelter house at Goodrich Park, Winchester.

• Croyle said courthouse architect Bob Taylor approached him about a proposal to possibly eliminate most parking from the north side of the courthouse square (but not the north side of Washington Street). He said Taylor feels adding green space to this (now) parking area would improve drivers' and pedestrians' view of the renovated courthouse facility.

"It would be nice, but we have problems with parking the way it is," said Council President Todd Schroeder.

City Water Treatment Plant Supervisor Chris Martin said there are manholes in that area that cannot be covered with grass and decorative brick as Taylor's plan suggests. Martin said he will inspect the site before council acts on the recommendation.

"If it's not going to work, what's the use of even looking at (voting on) it," Peden said.

Additional Compensation at World Trade Center

Plaintiffs' attorneys cap fees at 25%, reducing fees by over $50 million

- WTC Captive Insurance Company to pay up to an additional $50 to $55 million

- Certain workers' compensation liens against settlement recovery will be waived, giving benefit to many plaintiffs and ensuring that they will continue to receive future benefits with no reductions

- The most severe asthma claims could receive $800,000 to over $1 million, or more if the individual is found disabled as a result of injury

- Former Special Master for the September 11th Victim Compensation Fund Kenneth R. Feinberg will serve as Claims Appeal Neutral

- Settlement creates path for other defendants and insurers to follow in settling some claims, facilitating recovery of significant additional compensation
NEW YORK, June 10 /PRNewswire/ -- The WTC Captive Insurance Company (the "WTC Captive"), the City of New York, the contractors the City hired, their subcontractors, and attorneys for over 10,000 plaintiffs alleging injuries from the rescue, recovery and debris removal operations at the World Trade Center site operations after 9/11 today announced amendments to a March 11, 2010 settlement of those claims. The revisions total approximately $125 million added directly to plaintiffs' compensation by:
Reducing plaintiffs' attorneys' fees by over $50 million;
Paying up to an additional $50 to $55 million cash from the WTC Captive Insurance Company; and
Waiving workers' compensation liens against the settlement recovery of certain plaintiffs and ensuring that their benefits continue in the future without interruption or reduction.

Plaintiffs who allege the most serious injuries will receive the majority of the increased payments.
Judge Alvin K. Hellerstein of the U.S. Federal District Court for the Southern District of New York will make an announcement in court on Thursday, June 10, 2010, about the amended settlement and will issue an order to hold a public hearing on June 23rd to hear from parties to the settlement. Judge Hellerstein has been informed of the progress of the negotiations and has indicated that he believes the amended settlement to be fair and reasonable.
"This settlement gives the plaintiffs immediate, fair and reasonable compensation, certainty and closure after years of protracted and costly litigation that will continue without this agreement," said Christine LaSala, President and CEO of the WTC Captive, a not-for-profit insurance company enabled by Congress to defend and indemnify the City of New York and the contractors it hired for the rescue, recovery and debris removal operations after the terrorist attacks of 9/11. "This settlement establishes objective criteria, based upon accepted medical standards, to assess the type and severity of each illness alleged in order to achieve a fair value for each claim."
An important amendment to the agreement involves the workers' compensation benefits that some plaintiffs have received and will continue to receive for their claims. The law allows payments from workers' compensation awards to be repaid from the tort settlement proceeds by exercising what is called a "lien" on the settlement money. Here, the City of New York, through its Corporation Counsel Michael A. Cardozo and Comptroller John C. Liu, and its WTC workers' compensation insurer, which hold some of those liens, have agreed to waive them. For many of the plaintiffs, this waiver means their settlement payments will be free and clear of liens and their workers' compensation benefits will continue in the future with no deductions.
"This settlement ensures guaranteed, immediate and just compensation to the heroic men and women who performed their duties without consideration of the health implications," said Marc J. Bern, a senior partner with the law firm Worby, Groner, Edelman & Napoli, Bern, LLP, which is representing over 9,000 litigants. "Our commitment to our clients has never wavered in the seven years since we took on this litigation and we have done everything within our power, including reducing the fees we agreed to with each of our clients, to achieve the best possible outcome. We believe we have finally been successful and we are especially gratified that our joint efforts over the past three months have resulted in approximately $125 million in additional net compensation that will be available to our clients."
"I think we speak on behalf of all parties in the litigation by thanking Judge Hellerstein for his tireless efforts in bringing about this historic result," said Nicholas Papain, a member of Sullivan Papain Block McGrath & Cannavo P.C., representing 640 firefighters in the lawsuits.
Under this settlement, those claiming debilitating respiratory illnesses such as severe asthma, contracted by a non-smoker within seven months of exposure at the World Trade Center site and surrounding areas, could receive between $800,000 and $1,050,000, and approximately $1.5 million could go to compensate claims of death determined to be caused by the post 9/11 operations. Plaintiffs who have no qualifying injury, but have a legal claim for fear of becoming sick, will receive $3,250. All qualifying plaintiffs will be enrolled in a special insurance policy through MetLife to provide coverage for certain blood and respiratory cancers diagnosed during the coverage period, paying a benefit of up to $100,000.
To ensure transparency and independence in determining compensation for each plaintiff, an Allocation Neutral, a neutral third party, will oversee the valuation of each claim, assisted by a panel of independent physicians. The Garretson Firm Resolution Group, Inc., an experienced claims administration company, will serve as the Allocation Neutral. The firm and the physician panel will review the proof that each plaintiff is required to submit under the settlement, showing that he or she was present and participated in 9/11-related rescue, recovery and debris removal operations, as well as specific medical documentation. All of this information must be submitted by plaintiffs under oath and will be subject to audit. Plaintiffs can ask for the Allocation Neutral to reconsider its initial decision and, after that review, appeal to the Claims Appeal Neutral.
Kenneth R. Feinberg, former Special Master for the U.S. Government's September 11th Victim Compensation Fund, will serve as the Claims Appeal Neutral. He will serve pro bono. Mr. Feinberg will determine appeals requested by plaintiffs seeking review of the Garretson Firm's decisions. His determinations will be binding and may be used to adjust a plaintiff's final compensation.
"I am prepared to help ensure that these workers, volunteers, and fire and police personnel receive a fair evaluation of their claims under this settlement," said Mr. Feinberg. "This settlement enables these individuals to avoid the uncertainty, time and expense of litigation while providing a transparent, objective process for allocating the compensation available under the settlement according to the legal strength of the claim and the severity of injury."
"We are grateful to Mr. Feinberg for serving as the Claims Appeal Neutral," said Ms. LaSala. "We feel the system we have set up is fair, independent and transparent. Mr. Feinberg's experience and fairness are well known. He will ensure that plaintiffs' claims are fully and properly considered."
"This is a fair settlement of a difficult and complex case that will allow first responders and workers to be fairly compensated for injuries suffered following their work at Ground Zero," said Mayor Michael R. Bloomberg. "In addition to the settlement payments, we will continue our commitment to treatment and monitoring of those who were present at Ground Zero, and we will work with the New York congressional delegation and responder and other groups to seek passage of the James Zadroga 9/11 Health and Compensation Act. We are grateful to Kenneth Feinberg for agreeing to serve pro bono as the Claims Appeal Neutral. This settlement honors those who were there when we needed them in the aftermath of the September 11th, 2001 terrorist attacks."
The WTC Captive was created with a $1 billion grant from the Federal Emergency Management Agency to insure the City of New York and its debris removal contractors because, in the aftermath of 9/11, the City of New York was unable to procure an adequate amount of liability insurance coverage in the commercial insurance market for the World Trade Center site rescue, recovery and debris removal work.
The settlement will cost the taxpayer-funded WTC Captive $625 million in cash at the required 95% plaintiff participation, with an additional $87.5 million paid if certain conditions are met. Plaintiffs' attorneys are capping their fees at 25% of the settlement amount, resulting in savings to plaintiffs of over $50 million. Those savings, together with the additional funding of up to $50 to $55 million by the WTC Captive, the waiver of the workers' compensation liens and credits, and the assumption by the WTC Captive of additional costs of allocating the settlement proceeds among the plaintiffs, increase the value to plaintiffs of this amended settlement by approximately $125 million as compared to the settlement first announced in March, making the total value of the revised settlement $712.5 million.
Importantly, the settlement also provides a pathway for other defendants and insurers involved in these cases, such as the Port Authority of New York and the City's marine insurers, to settle, providing significantly more compensation to some of these plaintiffs. These parties could be encouraged to follow the same settlement process created jointly by lead plaintiffs' counsel, the WTC Captive, the City and the contractors as part of this settlement so that additional compensation is awarded fairly and consistently to plaintiffs who elect to settle.
"Since March 11, 2010, the parties have been determined to keep the settlement process intact, with each making good faith efforts to that end," Ms. LaSala said. "This settlement provides fair and just compensation, closure and certainty for the over 10,000 people who have filed lawsuits, while remaining faithful to our mandate to protect the City and its contractors from liability in connection with their heroic efforts in the rescue, recovery and debris removal work that followed the terrorist attack on the World Trade Center on 9/11."
All plaintiffs will receive a court-approved letter explaining the settlement and informing them of the approximate amount of compensation to which they are entitled before they are required to make a decision about whether or not to participate.
"We applaud the involvement of Mr. Feinberg in the settlement program," said Mr. Papain. "These brave and selfless first responders are owed the integrity and transparency that both he and the Garretson Firm will bring to individual claim evaluations. In keeping with those principles, we will be inviting all of our clients to presentations detailing the amended settlement and its terms."
Plaintiffs will have until September 30, 2010 to review the settlement with their attorneys in order to make a fully informed decision and decide whether to participate in the settlement by accepting its terms. For the settlement to proceed, 95% of the plaintiffs will have to agree to "opt-in."
About the WTC Captive Insurance Company
In the absence of commercially available insurance, the WTC Captive Insurance Company was formed in July 2004 to insure the City of New York and nearly 140 contractors, subcontractors and others it engaged against claims arising out of the debris removal process that began immediately after the collapse of the twin towers of the World Trade Center on September 11, 2001. The mission of the WTC Captive is to insure and defend in court, and thereby to protect, the City and the contractor and subcontractor policyholders as claims are processed, adjudicated and resolved.
Organized as a not-for-profit corporation under the laws of the State of New York and licensed by the New York State Insurance Department, the WTC Captive is governed by a five-member Board of Directors composed of current and former City officials plus a representative of the City's lead contractors.
The WTC Captive was funded with just under $1 billion in federal funds provided through a grant from the Federal Emergency Management Agency (FEMA)—part of the $20 billion of such funds requested by the Administration and authorized by Congress to help New York City and its people recover and rebuild after 9/11.
About Kenneth R. Feinberg
Kenneth R. Feinberg is the Former Special Master of the Federal September 11th Victim Compensation Fund and is currently serving at the request of President Obama as Special Master for Executive Compensation for TARP (Troubled Asset Relief Fund), involving executive pay at companies receiving U.S. government funding through the program. He has served as a court-appointed special master in cases including Agent Orange product liability, DES cases and Personal Injury Litigation related to Asbestos. He is also one of two arbitrators who determined the allocation of legal fees in the Holocaust slave labor litigation. Mr. Feinberg also is an adjunct professor at Georgetown University Law Center and Columbia University School of Law. He founded the firm of Feinberg Rozen LLP in 1992, specializing in designing, implementing and administering innovative and complex settlement solutions.
It should be noted that Kenneth Feinberg was involved in the development of the insurance product being offered to settling claimants in connection with certain blood and respiratory cancers diagnosed during the coverage period. Although Mr. Feinberg has a financial interest in the availability of these insurance products, he was not involved in any of the negotiations related to such insurance, nor was he involved in the negotiation of the settlement agreement itself. These negotiations all pre-date consideration of Mr. Feinberg for the role of Pro Bono Claims Appeal Neutral.

California Personal Injury Attorney III

Pinole, CA—In an addition to the mounting number of pedestrian-train fatalities recorded throughout the state of California, a man and his dog were struck and killed by an Amtrak locomotive Wednesday, May 12, 2010. The deadly collision occurred in Pinole, California near Pinole Shores Park. The accident comes only a few months after Amtrak and Union Pacific authorities launched a campaign to bring dangers associated with railway crossings and tracks to light, as reported by the San Francisco Chronicle.
Reports indicate there were two trains traveling in opposite directions of each other when the deadly pedestrian-train wreck occurred. At approximately 9:30 a.m., an Amtrak train struck a man and his K-9 friend. According to KCBS’ news coverage, the fatal train-related accident occurred between the Richmond and Martinez stops near Tennent Avenue. Reports also indicate there were two Amtrak trains traveling through western Contra Costa County at the same time. This subsequently prompted investigators to question whether the unidentified victim and his pet were struck by one or both trains, according to Amtrak spokesperson Marc Magliari. The man, whose name has not been released pending notification of next of kin, and his dog apparently succumbed to their traumatic injuries at the scene.
The accident marked the third fatal pedestrian-train crash to take place in western Contra Costa County within the last few months. On February 26, an Amtrak train fatally struck 17-year-old Marlene Aguirre in close proximity to the location of Wednesday’s accident. An investigation into that particular incident suggested the Richmond High School senior and her friends were “horsing around too close to the tracks”. Another locomotive-involved accident occurred on April 28 and claimed the lives of two teenagers. The collision occurred near the Richmond station and left 18-year-old Ramon Prado-Santamaria and 17-year-old Hatziri Nieva with fatal injuries. That specific double fatal pedestrian-train wreck remains under investigation. California is allegedly notorious for its pedestrian-railway causalities. Excluding suicides, there were 60 fatalities and 48 injuries recorded in 2009. According to the Federal Railroad Administration (FRA), there are around 500 trespassing deaths on railroad tracks each year. Investigations into Wednesday’s accident are expected to be underway.
Leading personal injury attorney Mary Alexander, states if you or a loved one has been injured or killed in a train-related accident, you may be entitled to compensation for your injuries and damages. With more than 25 years of experience litigating the multifaceted personal injury claims of accident victims and their families, contacting the adept trial firm of Mary Alexander & Associates may help you obtain the reparations you deserve.
Bay Area personal injury news by San Francisco injury attorney
Mary Alexander
44 Montgomery Street, Suite 1303
San Francisco, CA 94104
Phone: (866) 802-9497
Website: MaryAlexanderLaw.com

Lethbridge Lawyer

There has been an increasing demand for Lethbridge lawyers. They carry out general legal practice including real estate, civil litigation, immigration, personal injury and adoption law. They represent clients from different walks of life.

There has been an increasing demand for Lethbridge lawyers. They carry out general legal practice including real estate, civil litigation, immigration, personal injury and adoption law. They represent clients from different walks of life. They represent clients from large corporations and financial institutions to small businesses and individuals. As a client, you can expect quality legal representation at competitive prices. A majority of cases call for quality legal representation. Legal representation will help you know your rights and the compensation you are entitled to receive. For instance, if you have been injured in a motor vehicle accident, you can seek competent legal help and secure your rights.

Personal injury cases are being increasingly reported in Lethbridge. Accidents are inevitable and they usually happen due to the negligence of another person. A personal injury Lethbridge lawyer can bail you out. Choose a lawyer who has years of experience and reputable results to back up his claims. Given the number of law firms mushrooming in Lethbridge, choosing the right firm can be overwhelming. Choose a firm that has earned a good reputation. Hire the services of a reputable firm who truly cares about your needs. A firm that places your interest before its own should be chosen. Remember that the firm you choose to represent your case can make or break your future. So choose wisely, choose sensibly.

Amtrak Accidents Too Frequent

Pinole, CA—In an addition to the mounting number of pedestrian-train fatalities recorded throughout the state of California, a man and his dog were struck and killed by an Amtrak locomotive Wednesday, May 12, 2010. The deadly collision occurred in Pinole, California near Pinole Shores Park. The accident comes only a few months after Amtrak and Union Pacific authorities launched a campaign to bring dangers associated with railway crossings and tracks to light, as reported by the San Francisco Chronicle.
Reports indicate there were two trains traveling in opposite directions of each other when the deadly pedestrian-train wreck occurred. At approximately 9:30 a.m., an Amtrak train struck a man and his K-9 friend. According to KCBS’ news coverage, the fatal train-related accident occurred between the Richmond and Martinez stops near Tennent Avenue. Reports also indicate there were two Amtrak trains traveling through western Contra Costa County at the same time. This subsequently prompted investigators to question whether the unidentified victim and his pet were struck by one or both trains, according to Amtrak spokesperson Marc Magliari. The man, whose name has not been released pending notification of next of kin, and his dog apparently succumbed to their traumatic injuries at the scene.
The accident marked the third fatal pedestrian-train crash to take place in western Contra Costa County within the last few months. On February 26, an Amtrak train fatally struck 17-year-old Marlene Aguirre in close proximity to the location of Wednesday’s accident. An investigation into that particular incident suggested the Richmond High School senior and her friends were “horsing around too close to the tracks”. Another locomotive-involved accident occurred on April 28 and claimed the lives of two teenagers. The collision occurred near the Richmond station and left 18-year-old Ramon Prado-Santamaria and 17-year-old Hatziri Nieva with fatal injuries. That specific double fatal pedestrian-train wreck remains under investigation. California is allegedly notorious for its pedestrian-railway causalities. Excluding suicides, there were 60 fatalities and 48 injuries recorded in 2009. According to the Federal Railroad Administration (FRA), there are around 500 trespassing deaths on railroad tracks each year. Investigations into Wednesday’s accident are expected to be underway.
Leading personal injury attorney Mary Alexander, states if you or a loved one has been injured or killed in a train-related accident, you may be entitled to compensation for your injuries and damages. With more than 25 years of experience litigating the multifaceted personal injury claims of accident victims and their families, contacting the adept trial firm of Mary Alexander & Associates may help you obtain the reparations you deserve.
Bay Area personal injury news by San Francisco injury attorney

Mary Alexander

44 Montgomery Street, Suite 1303

San Francisco, CA 94104

Phone: (866) 802-9497

Website: MaryAlexanderLaw.com

Former Boulder District Attorney Working as Defense Attorney Now

Ex-Boulder DA Lacy Now A Defense Lawyer
BOULDER, Colo. (AP) ― Former Boulder County District Attorney Mary Lacy has started work as a defense lawyer.

Lacy left office in early 2009 because of term limits. She made headlines in 2008 when she publicly exonerated the family of JonBenet Ramsey in the 6-year-old girl's 1996 slaying.

She and Pete Maguire, who was her assistant DA, decided last year to form a law partnership after Lacy's successor, Stan Garnett, wanted a different assistant DA.

Maguire started private practice almost immediately, handling criminal, personal injury and administrative cases. Lacy took time off and only recently began taking cases.

She says defense lawyers can help make society safter by getting defendants to take responsibility and turn their lives around.

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Information from: Daily Camera, http://www.dailycamera.com/

Dallas Personal Injury Attorney 1

06/02/2010
Dallas, TX (Press Release)—With summer steadily approaching, kids are outside and ready to jump into their pools to cool off from the heat, prompting the U.S. Consumer Product Safety Commission (CPSC) to kick off their Pool Safely Campaign. Dallas, Texas personal injury attorney, Amy K. Witherite reminds parents that simple safety precautions can potentially save your child’s life.
The CPSC reported that from 2005-2007 there was an annual average of 385 pool and spa-related drownings for children younger that 15-years-old; 299 of these children were under 5-years-old. Seventy-four percent of all deaths from 2005-2007 occurred at residences involving children younger then 15-years-old.

Utah Attorneys Get Martindale Hubbell AV Rating

Martindale-Hubbell, the premiere lawyer rating organization , has awarded Utah personal injury law firm, The Advocates of Driggs, Bills and Day, its highest distinction for practicing lawyers, the AV rating.

(I-Newswire) June 4, 2010 - (Salt Lake City, UT) – Martindale-Hubbell, the premiere lawyer rating organization in the United States, has awarded Utah personal injury law firm, The Advocates of Driggs, Bills and Day, its highest distinction for practicing lawyers, the AV rating, indicating the highest level of legal ability and ethics.

The AV rating identifies lawyers with the best legal ability and is the highest reflection of expertise, skill, experience, integrity and overall professional excellence. AV denotes strict adherence to professional standards of conduct, ethics, reliability and diligence.

“It is an honor to receive this rating from such a respected entity. At The Advocates, we share an unyielding commitment and dedication to our clients and their cases. We understand that personal injury is a difficult area of law and that our clients have real needs. We are excited to see our efforts and talents recognized by a national group,” said Matthew Driggs, founder of The Advocates.

Martindale-Hubbell ratings are considered invaluable when evaluating an attorney. When looking for a lawyer, consumers need to have confidence in the individual under consideration. By reviewing the ratings, they can select counsel with superior ethics, as well as the desired level of professional experience.
Martindale-Hubbell ratings are established by lawyers for lawyers, in several areas including personal injury. Ratings are based on the confidential opinions of members of the Bar and the Judiciary, including both those who are rated and those who are not.

Martindale-Hubbell representatives conduct personal interviews to discuss lawyers under review with other members of the Bar. In addition, confidential questionnaires are sent to lawyers and judges in the same geographic location and/or area of practice as the lawyer being rated.

For over 130 years, Martindale-Hubbell has been the most respected source of authoritative and dependable information about members of the legal community in the Unites States, Canada and throughout the world.

Delta Wins Personal Injury Verdict

Ruling: The 1st U.S. Circuit Court of Appeals upheld the dismissal of a former flight attendant's personal injury suit against Delta Air Lines. Although the flight attendant was working for a wholly-owned Delta subsidiary when she was injured, Delta remained her employer. As a result, workers' compensation provided the sole remedy for her injuries.What it means: Under Massachusetts law, an employer is entitled to immunity from personal liability when the injury occurs in the scope of employment. In determining whether an employment relationship exists, courts examine several factors, including whether the entity directed and controlled the employee's activities.
Summary: A flight attendant suffered severe back injuries when the plane came to an abrupt stop on the runway. She underwent multiple spinal surgeries but was unable to return to work as a flight attendant. She agreed to accept a lump sum in lieu of future workers' compensation payments. The agreement listed her employer as "Song Airlines/Delta (in dispute)." She also sued Delta for her personal injuries, arguing that Song Airlines, not Delta, was her employer. The U.S. District Court, District of Massachusetts granted summary judgment for Delta, finding that it was immune from personal liability because the claimant was a "loaned servant" when her injuries occurred. Because an employment relationship existed, the Massachusetts Workers' Compensation Act provided the exclusive remedy for the claimant's injuries.

The claimant argued that although she had been a Delta employee, she severed her employment relationship with Delta when she went to work for Song Airlines. The 1st Circuit disagreed, finding that Delta's direction and control over the claimant was "so clear," it did not have to examine the "intricacies of the corporate relationship between Delta and Song." Instead, it cited several factors confirming the existence of an employment relationship, including: 1) the claimant remained under Delta's control, and such direction and control was required by federal law; 2) Delta employees interviewed and hired her; 3) Delta was ultimately responsible for her training and work assignments; and 4) the aircraft the claimant worked on were piloted, owned or leased, and serviced by Delta personnel.

Read more at the WORKERSCOMP ForumTM homepage.

New York Personal Injury #6

21:31:52 - New York City Personal Injury Attorneys – Frekhtman and Associates represents victims of personal injury within New York City. Contact us at The Woolworth Building, 233 Broadway, New York, New York - 10007, Phone : (212) 766-5656

Frekhtman & Associates (www.866attylaw.com) represents victims of personal injuries and accident injuries within New York State.

Life is full of unforeseen events that come our way out of blue. These fateful events could be due to an accident or medical negligence causing serious personal injuries.Any personal injury can be very traumatic for the victim as well as for the family members.
f you have suffered injuries due to negligence or fault of some person, or a civic/public authority, then do get in touch with a personal injury lawyer.

A New York personal injury attorney handles legal cases pertaining to personal injury within NYC. However, before contacting an injury lawyer ensure that the injury lawyer has a valid license to provide legal services within your respective city or region.

Before hiring a personal injury attorney, do a little research work on his previous history and track record. One can also contact the American Bar Association for a recommendation list of personal injury attorneys providing legal services within your region. Several links on the ABA website can help you to find a good lawyer and provide other useful legal information that can help you prepare the case.

After selection of personal injury lawyer, provide him with detailed information related to the case. Do not hide any facts from him, as it would make the case weaker and will reduce the chances of getting justice. Ensure all-important medical documents are provided to the lawyer to help him determine the right compensation amount from the negligent authority or an individual.

Many injury lawyers offer legal services within New York region and provide free legal consultation to get compensation that you deserve. Contact New York Personal Injury Lawyers – Frekhtman and Associates for a free legal consultation related to personal injury, medical malpractice, auto accident, car accident or truck accident.

Illinois Personal Injury Attorney for Bike Accidents

5/31/2010
Bike accidents are on the rise. This is due in part to increasing popularity of
using bicycles for transportation. Growing concern about the effects of fossil
fuels on the environment among other factors has led to this increase in
recent years. Unfortunately, the more bikes there are on the road, the more
bike accidents we see. While some of these accidents are due to cyclist error,
in many cases they are caused by negligence of motorists. If you have been
involved in a bicycle accident caused by another person’s negligence, you
may have a personal injury case. The lawyers at Ankin Law Offices are skilled
negotiating and litigating bike accident cases.
Bike Accident Causes
Many bike accidents are caused by the inattentiveness of motorists while
driving. To many drivers, cyclists are practically invisible. Accidents between
motorists and cyclists are offend caused by:
*A vehicle pulling out into the path of a cyclist
*A vehicle turning in front of a cyclist
*A vehicle running a cyclist off the road
*A driver failing to obey traffic signs and signals
*A driver failing to yield the right of way to a cyclist
Alcohol intoxication by motorists is also a common contributor to bike
accidents. Motorists under the influence are slower to react and less observant.
This can have serious consequences for cyclists on the road.