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Tip of the
Week for January 7, 2008 by Mitch Jackson
Nine Important
Questions You Should Ask Every Attorney...
Ever wonder what
you should ask, or need to ask, a lawyer you are thinking about
hiring...especially in a personal injury or wrongful death case?
For most new clients, meeting with an attorney can be a challenging
experience to say the least. This is why we've put together a
brand new and FREE special report which reveals what we believe are
the most important nine questions (and answers) you need to know and
ask when you meet with a new attorney. It's entitled,
"Nine Questions
You Need to Ask Every Attorney You Are Thinking About Hiring To
Represent You in Your Personal Injury or Wrongful Death Case"
You can download this special report and read it right now by going
to
www.jacksonwilson.com/special
Tip of the
Week for December 31, 2007 by Mitch Jackson
How good is
your lawyer at swinging a hammer?
Did you
ever hear the story about the plumber who
fixed a clogged pipe with a hammer and then
charged the customer $250 for two minutes of
work? The customer demanded an
itemized bill and the plumber wrote out the
bill as follows: Hitting the
pipe with a hammer- $5.00. For knowing
where to hit the pipe with hammer- $245.
The old adage "you
get what you pay for" rings true when it comes to hiring an attorney.
Although lawyers use a
different kind of "hammer", it's important
to make sure that your lawyer knows not only
how to hold his hammer, but where to hit it
and how hard to swing.
What many consumers don’t understand is that you only get one chance to
protect your rights in a legal case. Once the case is resolved either
by settlement, trial or appeal, it’s over. Period. No exceptions.
Tip of the
Week for December 17, 2007 by Mitch Jackson
I like to ride
motorcycles. Based upon your experiences, what is my risk of
being injured while riding on the street?
Ever
since I was nine years, old I've enjoyed
riding and racing motorcycles. My first
mini bike was a Honda 70 and 41 years later,
I still enjoy riding my Honda CRF 450 out on
the local motocross tracks. When it comes
to street riding, there is nothing my wife
and I enjoy more than riding the winding
coastal roads found on the Hawaiian islands.
Because
of the physics involved in motorcycle
accidents, the extent of personal injury or
death is unusually high. In fact, The
National Highway Traffic Safety
Administration (NHTSA) recently released new
statistics showing that motorcycle
fatalities have increased for the seventh
year in a row. With more than 1,000,000
motorcycles being purchased each year (this
figure has increased each of the past 14
years), the additional number of riders has
resulted in fatalities increasing at an
alarming rate of 89% from 2,116 in 1997 to
4,008 in 2004.
The
numbers reflect that the average age of
these riders is 20-29, with speeding being
the number one cause of these fatal
accidents. According to Motorcycle Industry
Council findings, there is a high increase
in the number of motorcycles purchased by
riders over the age of 40 and a
corresponding increasing number of
fatalities with riders in this age group.
The
highest percentage of fatal motorcycle
accidents involved alcohol. More than 72
percent of these riders were in the age
group of 40-49. One positive aspect of this
statistic is that the number of alcohol
related fatalities has actually decreased
over the past 10 years.
More than
70% of motorcycle fatality accidents take
place on undivided highways. I would
suggest that this is a combination of a lack
of rider education, training, inattention,
excessive speed or third-party negligence
(the driver of another car or truck was
careless and caused the accident).
Another
disturbing but not necessarily surprising
statistic is that about 80% of all
motorcycle accidents result in injury or
death. This statistic reflects the fact that
regardless of fault, there is little
protection for a motorcycle rider in an
accident. Unfortunately, the pain I feel in
my knees, back and right shoulder while
writing this article are a constant reminder
to me of this very real fact.
My
research shows that since the enactment of
the Highway Safety and Motor Vehicle Safety
Act, more than 128,000 motorcyclists have
sustained fatal injuries. In 2004 alone,
more than 4,000 riders died and another
76,000 were injured.
To
minimize the chances of being injured in a
motorcycle accident, it's important to get
proper training and ride safely.
Tip of the
Week for December 10, 2007 by Lisa Wilson
What should you do if you're in an accident and you think it
might be your fault?
Many people ask us
what they should, or should not do, when they're involved in an
accident. In our book entitled, "California Personal Injury
and Wrongful Death", we've included a detailed outline of what steps
you should take to protect your rights.
Now here's a
tricky question. You're in an accident and think it might be
your fault. What do you do? He's the short answer...
It’s best not
to volunteer any information about who was to blame for the
accident. While you may believe that you are primarily at fault,
the facts may later show that the other driver is much more at fault
than you. Anything you say to the police or the other driver can be
used against you later. Once you use the steps in this book to hire
a qualified personal injury attorney, discuss your concerns only
with your attorney.
It is normally
not in your best interest to agree to pay for damages. It is also
not in your best interest to agree to handle the claim “out of
court” and then fail to report the accident to either driver’s
insurance company. The reason this is important is that if your
injuries are more severe than you first believe, you may waive your
rights to insurance policy benefits by failing to timely report the
claim. Again, your personal injury lawyer can and will assist you
with properly reporting your accident regardless of who is at fault.
Having shared
the above with you, be sure to always cooperate with the treating
paramedics, firemen or investigating police officers. Simply stick
to the facts, always be truthful but do not elaborate. If you were injured, make sure
to fully explain all of the injuries and pain you are experiencing.
Do not leave anything out.
Tip of the
Week for December 03, 2007 by Mitch Jackson
Things To Do (and not do) To Help Your Lawyer
Over the years we have observed that there are several
important things you should, and should not do, to help your lawyer
represent you. We remind each of our clients of these
important items in writing at the beginning of each case. Here
they are...
Things you
should do-
1. Inform us immediately of any change of personal or business
contact information such as address, telephone number and email
address.
2. Use the phrase, “Please contact my attorney, Mr. Jackson or
Ms. Wilson,
with any questions or comments.”
3. Provide us with originals of all documents, items and
things that may have any relevance to your case.
4. To protect your legal interest, it is
critical that you be honest and forthright with us as to all
information.
5. Contact us immediately with any new
information, new developments, evidence, witness information...
Just as important, it's never a good idea for clients to
do the following-
1. Do not
discuss your legal matter with anyone without first getting our
approval.
This includes your spouse, family, friends, neighbors, employees or
news media. The only communications (oral, written and electronic)
which are protected from disclosure are those which take place
between an attorney and his or her client.
2. Do not give any statements, written, recorded, or oral, to
anyone concerning your legal matter without first getting our
approval.
3. Do not sign documents, send letters, initiate/ receive
telephone calls or electronic communications (email, text
message...) concerning your legal matter without first getting our
approval.
4.
Do not compile
information or create documents concerning your legal matter without
first getting our approval.
5.
Do not change
your address, employment or profession without notifying our office.
Tip of the
Week for November 26, 2007 by Lisa Wilson
Is it important to know how long your attorney has been practicing
law?
In one word-
yes! Reputation, ability and experience are key influencing
factors as to how your case may ultimately be settled or tried to
verdict. The attorney's answer to this question can be very important and
sometimes revealing.
It literally takes many years to learn the
profession to become proficient in settlement negotiations,
mediations, arbitrations and trials. We recommend that you make
sure any attorney you interview has, at a minimum, at least 10-15
years of substantial litigation experience in personal injury
matters. Sure, there are exceptions to this rule and we know of
several very good, ethical attorneys which only about 5 years of
experience. What they lack in trial experience they make up for
with intelligence, drive, passion and the intelligence to associate
in experienced counsel to help them with trial if, and when, it
becomes necessary. Unfortunately, these "exceptions" are far and
few between so you may be rolling the dice if you make an exception
to this rule.
Tip of the
Week for November 19, 2007 by Mitch Jackson
Its it important to know how many jury trials your attorney has
handled as lead counsel?
Trial experience is critical when
it comes to successfully maximizing the value of your case.
Defense attorneys and insurance companies know which attorneys take
their cases to trial and which ones routinely settle their cases for
less than full value.
Many years ago when I first opened my own law practice and
started practicing law, I read an interesting statistic that in
California, most attorneys only have an average of 3 jury trials
during their entire career. As supported by the facts and contrary
to what you watch on television, most lawyers are not trial lawyers
and most cases never make it all the way to trial.
In my opinion, a personal injury or wrongful death case and
trial demands a much higher level of expertise and commands a great
deal more pre-trial and trial related work and effort than most
other types of cases. In criminal cases, rarely do the prosecution
or public defenders do their own pre-trial preparation and each have
huge governmental support staffs to do the leg work. In business
matters many times the issue comes down to whether or not there is a
contract and if so, what does it mean. In a catastrophic injury or
wrongful death case, you hold the value and quality of your client's
life in your hands and there truly is no greater burden, challenge
or privilege.
The lawyers that do handle and try these other cases are
all incredible lawyers and I take my hat off to each and every one
of them, especially when it comes to juggling the high volume of
cases many are forced to handle. But having said that, a
catastrophic injury or wrongful death case, litigated all the way to
trial, is substantially more work and exponentially more difficult.
So when you ask your potential attorney how many cases (or more
specifically, personal injury cases) he has taken to trial, make
sure you get a clear and accurate response.
Also please understand that the defense attorneys and
insurance companies all know which personal injury lawyers get the
best results for their clients. You want an attorney who has
obtained numerous substantial verdicts and settlements and is
capable of doing the same for you on your case.
Tip of the
Week for November 12, 2007 by Mitch Jackson
What is an
"AV"
rating by Martindale-Hubbell and is it important?
Most consumers are not familiar with the "AV"
rating and so I thought I'd take moment and tell you why I believe
this rating is so important. An "AV" rating identifies a lawyer and
firm as having (1) very high to preeminent legal ability and (2) the
highest level of expertise, experience, integrity and overall
professional excellence.
What is key about this rating is that the actual independent review
and rating of an attorney is made by other attorneys and judges in
the local community. The attorney who is
being reviewed
does not even know the process is taking place. By presenting the
attorney with an "AV" rating, Martindale-Hubbell is making the
statement that other attorneys and judges in your community clearly
believe that the “AV” rated attorney consistently "shows a
demonstration of the highest professional and ethical standards."
While there
are many good lawyers practicing law who have not yet been awarded
an "AV" rating (only about 2 out of 10 receive this honor during
their career), unless you know the attorney personally, why take a
chance with someone who is not highly rated by his or her peers?
You can easily confirm an attorney's rating status by going to
www.martindale.com
Tip of the
Week for November 05, 2007 by Lisa Wilson
Eleven Things Every Client Can Do To Help Their
Lawyer Do a Great Job
Here are eleven
recommendations that we ask all of our clients to read and follow.
By doing so, the client is doing everything he or she can to assist
us with the proper handling of their case.
1. Listen to and follow our advice. No exceptions please.
2. Do not sign anything until we review it and advise you
accordingly.
3. Don't think your legal problems can be resolved
overnight. A quality settlement or verdict takes time and effort.
4. Be realistic about the amount of damages you can expect
to recover-- or forfeit. Damages are set by statute, case law and
facts unique to your case. High settlements and strong verdicts
normally come from reasonable claims that are not inflated or
exaggerated.
5. Do not discuss your legal problem with anyone other than
us or our representatives. It's important to allow us to manage
your entire case. Loose lips sink ships and after months or even
years of representation, we would all be very disappointed to find
your case at the bottom of the ocean (just like the Titanic) just
because you said something to someone you should not have talked to.
6. Treat your legal concerns seriously, because they are.
We work hard to protect our client's best interest and put a great
deal of time, effort and money in to each case we agree to take. In
return, we need our clients to stay focused and provide their case
with the attention it deserves. Also please never withhold
information from us. It is important to let us decide what is or is
not important.
7. Keep in touch with us and always call us with your new
address and telephone numbers. Respond promptly to all phone calls
and letters. Timing is everything and during litigation or
settlement discussions, it is sometimes important to be able to
immediately communicate with each other.
8. Be prepared and prompt. Always furnish all of the
information and documents requested by us. Never delay contacting
us with old or new legal questions, issues or problems. The earlier
we know about an issue or problem, the better we can serve you.
9. Never threaten anyone with words like, "You'll hear
from my lawyer!" Win-win negotiations and a positive professional
relationship between the parties and counsel ALWAYS will result in a
better outcome to your case. It's OK to be aggressive, but please
let us make the decision as to what issues are important and what
issues we can be flexible on. Use our expertise wisely so that you
can make intelligent decisions.
10. Take office meetings and court hearings seriously. We
love children but when meeting with us at our office, at depositions
or in court, please make arrangements to have someone watch the
children at home. We need your undivided attention. We take our
profession seriously and ask that you do too. Remember, your
cooperation concerning this issue will allow us to provide you with
the best possible legal representation.
11. Do not lie to us and do not lie under oath. Always
let us know if you do not understand a question or recall a specific
detail. Always trust us. If you can't trust us, then it's time to
hire someone else who you can trust.
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