IT'S so tempting to see misfortune as a money spinner. Slipped on a grape at the supermarket? Sue! Stressed out by an overbearing boss? Claim!
Hurt your neck in a car accident? Collect!
But here's something to consider before you speed-dial a lawyer - a compensation payout may make life worse.
Mounting evidence suggests seeking, and pocketing, a fat payout adds to a victim's misery. Studies consistently show injured patients take longer to recover and have worse long-term mental and physical health if they get sucked into our compo culture.
Well, I hear you say, maybe some people are just malingerers. Or perhaps they're fabricating pain to milk the system.
But the research seems to show the effect exists whether a claim is frivolous or entirely worthy. Be it a woman who wants money for toppling over in her high heels at work or a grieving mum seeking a financial salve for the pain she feels after her child's death.
Even with an injury that can be studied objectively, such as a bone fracture,
studies show uncompensated patients get on with life faster.
The most satisfied patients, studies have found, are those who blame themselves for their misfortune and don't bother pursuing anyone for retribution.
Conversely, the most dissatisfied, regardless of injury severity, are those with an unsettled compensation claim.
Intuitively, it makes sense. The adversarial nature of the insurance or court process leaves many victims feeling powerless. And surely all that time preparing for medical tests to prove they're unwell must chew up mental energy that could be better directed toward a faster recovery?
But even when the compo scheme is no-fault, and the insurers agree to pick up the tab without need for an army of lawyers, a payout still seems to have a negative influence on recovery.
Melbourne trauma expert Prof Peter Cameron has written an editorial on the topic that will appear in the international journal Injury.
In it, he argues that at the very least we must conduct more research to find out why compensation schemes are such a barrier to recovery from injury.
I'm not suggesting we axe the schemes or prevent people pursuing justice through
the courts.
Clearly, victims are entitled to be compensated when things go wrong. And in many instances, forcing companies, employers or government departments to cough up when they've done wrong is the best way to hold them to account.
We need to frame the schemes better, though, so we're not harming the people we're trying to help.
Monash University last month formed a new Institute for Safety, Compensation and Recovery Research -- a joint initiative between WorkSafe and the TAC - to start the ball rolling on new approaches.
They might want to speed things up. It can only be a matter of time before someone sues because their compo payout made their life worse.
Source
Wednesday, October 28, 2009
Thursday, October 15, 2009
Wife left to bleed to death
A MAN who left his wife to bleed to death while he watched football has been jailed for five years.
David John Reid left his de facto wife, Nola Ritter, 62, lying bleeding on their bedroom floor after hitting her over the head with a coffee cup during an argument.
She died of complications caused by her head injury.
Supreme Court judge Simon Whelan yesterday said that although Reid, now 51, had told police he offered his live-in partner help several times he never attempted to bandage the wound or stop the flow of blood.
"You have, by your criminal neglect, caused a death," Justice Whelan told him.
"You had a responsibility to care for Ms Ritter and yet you chose to abandon her in her moment of need."
In a police record of interview, Reid told detectives there was "blood everywhere" after he hit Ms Ritter with a coffee cup on the night of May 20, 2006, during an argument.
"I said, 'Do you want to go to the doctor's?' She goes, 'No I'll be right', and then I'm thinking 'Thank Christ for that because I'd be too pissed to drive'," he said.
Justice Whelan said yesterday: "The bed clothes were drenched in blood. There were literally pools of blood throughout the house.
"You left her and spent the whole day drinking beer and watching football at your brother's without ever checking back on her and without even mentioning to your brother or his partner what had happened."
Reid was found guilty of manslaughter and recklessly causing injury.
His lawyer had told the trial he was guilty of nothing more than poor judgment by leaving a bleeding Ms Ritter.Justice Whelan said Ms Ritter's death had a devastating effect on her family. "(Her daughter) Lindy Ritter describes her as a loving mother and grandmother," he said.
"She says, 'I am not as lighthearted as before. This sadness and despair for mum is always in the background'."
Reid, of Cranbourne, will serve at least three years.
Source
David John Reid left his de facto wife, Nola Ritter, 62, lying bleeding on their bedroom floor after hitting her over the head with a coffee cup during an argument.
She died of complications caused by her head injury.
Supreme Court judge Simon Whelan yesterday said that although Reid, now 51, had told police he offered his live-in partner help several times he never attempted to bandage the wound or stop the flow of blood.
"You have, by your criminal neglect, caused a death," Justice Whelan told him.
"You had a responsibility to care for Ms Ritter and yet you chose to abandon her in her moment of need."
In a police record of interview, Reid told detectives there was "blood everywhere" after he hit Ms Ritter with a coffee cup on the night of May 20, 2006, during an argument.
"I said, 'Do you want to go to the doctor's?' She goes, 'No I'll be right', and then I'm thinking 'Thank Christ for that because I'd be too pissed to drive'," he said.
Justice Whelan said yesterday: "The bed clothes were drenched in blood. There were literally pools of blood throughout the house.
"You left her and spent the whole day drinking beer and watching football at your brother's without ever checking back on her and without even mentioning to your brother or his partner what had happened."
Reid was found guilty of manslaughter and recklessly causing injury.
His lawyer had told the trial he was guilty of nothing more than poor judgment by leaving a bleeding Ms Ritter.Justice Whelan said Ms Ritter's death had a devastating effect on her family. "(Her daughter) Lindy Ritter describes her as a loving mother and grandmother," he said.
"She says, 'I am not as lighthearted as before. This sadness and despair for mum is always in the background'."
Reid, of Cranbourne, will serve at least three years.
Source
Monday, September 28, 2009
Time for Francona to earn his salary
Boston Red Sox manager Terry Francona gets an "A" for managing a clubhouse and the personalities in it. We saw that best in 2004, with the famed "Idiots," and we really saw it whenever Manny Ramirez was in the "Manny Being Manny" mode, which was more the rule than the exception.
Francona was paid handsomely for this ability, getting a 3-year, $12 million contract extension which runs out in 2011. From afar, it appeared he was the best version of the 21st century's new manager. You know the guy I'm talking about. The "players' manager" who is armed with statistics, tendencies and a laptop.
Let's be honest here, Francona has been handed as much talent and depth as any other manager in this franchise's history. The Red Sox pitching staff, even with the failed John Smoltz experiment and injury to Tim Wakefield, is still as good as it gets.
Josh Beckett and John Lester are the best one-two combo in the league and Clay Buchholz and Brad Penny are more than adequate pennant-race starters. And the bullpen, from the seventh inning on, is still the strength of the team.
The problem, really Francona's problem, is the offense.
David Ortiz, Jason Bay and JD Drew are in disaster-mode. And Kevin Youkilis and Dustin Pedroia, the face of the franchise now and going forward, haven't had a memorable late-inning hit during this skid, now at 7-13 since the all-star break.
The trade for Victor Martinez has been a God-send. He adds value when he is on the field, especially with a glove on his hand. But while he appears to fill a void in the middle of the lineup, there is too much aforementoined baggage.
Which brings us back to Francona.
His trusty laptop, with Bill James' trusty statistical analysis, is no use to him here. As manager, he has to find a way to stop the bleeding.
How? Got me.
Maybe it's time to bench somebody, albeit Ortiz or Drew, for an extended period. Let them watch from the dugout for a week.
The trade deadline has since passed so what you see on the 25-man roster is what you get.
The recent "outing" of the Ortiz's positive performance-enhancing drug test from 2003 and the disastrous Daisuke Matsuzaka start to the 2009 season were hurdles nobody could have planned for.
But isn't that what separates the good coaches/managers from the great? It seems like every Super Bowl championship season the Patriots had in 2001, 2003 and 2004 had their moments when a championship wasn't even a consideration (Terry Glenn's suspension in 2001, releasing Lawyer Milloy five days before the season opened in 2003, and injuries to Ty Law and Richard Seymor in 2004).
If history is any indicator, the Red Sox might be cooked. The Red Sox went through a similar demise just before the all-star break in 2006, going from 59-36 on July 21 to 71-62 by the end of August. The Humpty-Dumpty imitation coincided with Jason Varitek's knee injury.
The difference is this team, even without Ramirez and Ortiz "of old," is better.
The other difference is expectations. They are through the moon. The Red Sox are not supposed to fall flat on their faces for more than a week or two.
For most of his almost six seasons here, rightfully so, he has gone under the radar unlike any manager over the last 50 years.
We all around here like to think we could manage this team with our eyes closed and with one hand tied behind our backs. Well, the Yankees and the on-coming Tampa Bay Rays are too good.
But Francona is making $4 million a year for a reason. And that reason is upon us. His team needs him.
Source
Francona was paid handsomely for this ability, getting a 3-year, $12 million contract extension which runs out in 2011. From afar, it appeared he was the best version of the 21st century's new manager. You know the guy I'm talking about. The "players' manager" who is armed with statistics, tendencies and a laptop.
Let's be honest here, Francona has been handed as much talent and depth as any other manager in this franchise's history. The Red Sox pitching staff, even with the failed John Smoltz experiment and injury to Tim Wakefield, is still as good as it gets.
Josh Beckett and John Lester are the best one-two combo in the league and Clay Buchholz and Brad Penny are more than adequate pennant-race starters. And the bullpen, from the seventh inning on, is still the strength of the team.
The problem, really Francona's problem, is the offense.
David Ortiz, Jason Bay and JD Drew are in disaster-mode. And Kevin Youkilis and Dustin Pedroia, the face of the franchise now and going forward, haven't had a memorable late-inning hit during this skid, now at 7-13 since the all-star break.
The trade for Victor Martinez has been a God-send. He adds value when he is on the field, especially with a glove on his hand. But while he appears to fill a void in the middle of the lineup, there is too much aforementoined baggage.
Which brings us back to Francona.
His trusty laptop, with Bill James' trusty statistical analysis, is no use to him here. As manager, he has to find a way to stop the bleeding.
How? Got me.
Maybe it's time to bench somebody, albeit Ortiz or Drew, for an extended period. Let them watch from the dugout for a week.
The trade deadline has since passed so what you see on the 25-man roster is what you get.
The recent "outing" of the Ortiz's positive performance-enhancing drug test from 2003 and the disastrous Daisuke Matsuzaka start to the 2009 season were hurdles nobody could have planned for.
But isn't that what separates the good coaches/managers from the great? It seems like every Super Bowl championship season the Patriots had in 2001, 2003 and 2004 had their moments when a championship wasn't even a consideration (Terry Glenn's suspension in 2001, releasing Lawyer Milloy five days before the season opened in 2003, and injuries to Ty Law and Richard Seymor in 2004).
If history is any indicator, the Red Sox might be cooked. The Red Sox went through a similar demise just before the all-star break in 2006, going from 59-36 on July 21 to 71-62 by the end of August. The Humpty-Dumpty imitation coincided with Jason Varitek's knee injury.
The difference is this team, even without Ramirez and Ortiz "of old," is better.
The other difference is expectations. They are through the moon. The Red Sox are not supposed to fall flat on their faces for more than a week or two.
For most of his almost six seasons here, rightfully so, he has gone under the radar unlike any manager over the last 50 years.
We all around here like to think we could manage this team with our eyes closed and with one hand tied behind our backs. Well, the Yankees and the on-coming Tampa Bay Rays are too good.
But Francona is making $4 million a year for a reason. And that reason is upon us. His team needs him.
Source
Tuesday, September 15, 2009
Dallas wrong-way I-20 car crash increases death toll!
Texas wrong-way driver fatality in Dallas on the Dallas North Tollway has increased the Texas automobile accident death count by 3.
Dallas wrong way accident lawyers alert another automobile accident, involving the wrong way driver of a sedan, killed both drivers and one passenger early last Friday morning. According to the Dallas Morning News, Dallas area firefighters and police officers responded to the tragic wrong-way car crash on westbound Interstate 20 near the South Polk Street overpass in Dallas early Friday morning. Apparently, 45 year-old Karla Rivers of Cedar Hill was returning home from her shift at Baylor University Medical Center at Dallas around 12:30 a.m., when the fatal automobile accident occured.
Rivers worked as an office employee at Baylor and was traveling westbound near Polk Street in the Red Bird area in her Jeep sport utility vehicle (SUV) when a black Infiniti, going the wrong way, slammed into her SUV head-on. The driver, 29 year-old Ramiro Moreno and his passenger, 21 year-old Ian Edward Pierson, along with Rivers all died at the scene of the crash. The Dallas County Sheriff’s Department confirmed alcohol was found in the car of the wrong-way driver. Alcohol is suspected to have been a factor in the fatal SUV accident involving the driver of the wrong-way motor vehicle. Wrong-way drivers, on the Dallas North Tollway, has become a hot topic with four deaths this year and alcohol is suspected as a factor in most of the crashes.
The North Texas Tollway Authority (NTTA) has installed new “wrong way” and “do not enter” signs since the slew of recent wrong way driver fatalities has began plaguing the Dallas North Tollway. New reflective shaped arrow buttons are also being installed on the lanes at tollway exit ramps by the NTTA. When a wrong-way driver’s headlights hit the new reflective buttons, the red arrows, pointing at the driver entering the tollway in the wrong direction, will glow red. Officials in the Dallas area are continuing to investigate and address the causes and preventive solutions to wrong-way driver accidents. If you or someone you love has been injured or killed because of another driver’s carelessness you may be entitled to compensation for your injuries and damages. Contacting a Dallas personal injury lawyer who is experienced with wrong-way driver accident claims may help you recover.
Source
Dallas wrong way accident lawyers alert another automobile accident, involving the wrong way driver of a sedan, killed both drivers and one passenger early last Friday morning. According to the Dallas Morning News, Dallas area firefighters and police officers responded to the tragic wrong-way car crash on westbound Interstate 20 near the South Polk Street overpass in Dallas early Friday morning. Apparently, 45 year-old Karla Rivers of Cedar Hill was returning home from her shift at Baylor University Medical Center at Dallas around 12:30 a.m., when the fatal automobile accident occured.
Rivers worked as an office employee at Baylor and was traveling westbound near Polk Street in the Red Bird area in her Jeep sport utility vehicle (SUV) when a black Infiniti, going the wrong way, slammed into her SUV head-on. The driver, 29 year-old Ramiro Moreno and his passenger, 21 year-old Ian Edward Pierson, along with Rivers all died at the scene of the crash. The Dallas County Sheriff’s Department confirmed alcohol was found in the car of the wrong-way driver. Alcohol is suspected to have been a factor in the fatal SUV accident involving the driver of the wrong-way motor vehicle. Wrong-way drivers, on the Dallas North Tollway, has become a hot topic with four deaths this year and alcohol is suspected as a factor in most of the crashes.
The North Texas Tollway Authority (NTTA) has installed new “wrong way” and “do not enter” signs since the slew of recent wrong way driver fatalities has began plaguing the Dallas North Tollway. New reflective shaped arrow buttons are also being installed on the lanes at tollway exit ramps by the NTTA. When a wrong-way driver’s headlights hit the new reflective buttons, the red arrows, pointing at the driver entering the tollway in the wrong direction, will glow red. Officials in the Dallas area are continuing to investigate and address the causes and preventive solutions to wrong-way driver accidents. If you or someone you love has been injured or killed because of another driver’s carelessness you may be entitled to compensation for your injuries and damages. Contacting a Dallas personal injury lawyer who is experienced with wrong-way driver accident claims may help you recover.
Source
Monday, August 31, 2009
How to File a New York Personal Injury Lawsuit
A personal injury lawsuit can be filed an individual or group who has suffered mental or bodily harm due to the actions of another party. The purpose of personal-injury lawsuits is to get financial compensation from the accused party to cover any of the plaintiff's medical expenses. It also covers lost wages and medical expenditures and several other benefits. You can also contact a New York injury attorney who can help you receive justice and compensation from the negligent authorities involved.
If you are injured and planning to file a personal injury lawsuit then you must follow this basic guideline:-
1) Obtain a copy of the police report regarding the incident. In some courts it is mandatory to have a written police report before proceeding with a personal injury suit. If you were injured in a car accident then you must first call 911 before calling your family or any other person.
Step 2: Collect copies of various medical records pertaining to the injury. You might be required to present them in the court in order to prove that the personal injury was caused by the negligence of some individual or authority. If you have pictures right after the accident which shows the injury then they can prove helpful.
Step 3: Study outcome of various personal injury cases similar to yours. You can also consult a personal injury lawyer. You may want to hire an attorney if your case is a difficult case or if it involves a sizable amount of money. Most of the personal injury lawyers work on contingency basis; therefore you don’t have to pay anything before hiring a lawyer.
Step 4: If there were any witness to your accident or personal injury then it can prove helpful in court. You must always obtain addresses and contact numbers of eye-witnesses. You must also compile your evidence. Medical bills, statements regarding lost wages and any other proof of expenses are vital to proving the amount of your suit is valid.
Step 5: If you are not able to reach a suitable settlement on your own, it is best to negotiate a settlement. Speak to your lawyer who will guide you on how to proceed with your injury case.
However, the most important aspect of any personal injury case is to present true facts to both the jury as well as your attorney. On the other hand there are several cases where insurance companies use explanations by injured victims to reduce or deny your compensation claim. If you find yourself in a similar situation then you must get in touch with a personal injury lawyer.
Source
If you are injured and planning to file a personal injury lawsuit then you must follow this basic guideline:-
1) Obtain a copy of the police report regarding the incident. In some courts it is mandatory to have a written police report before proceeding with a personal injury suit. If you were injured in a car accident then you must first call 911 before calling your family or any other person.
Step 2: Collect copies of various medical records pertaining to the injury. You might be required to present them in the court in order to prove that the personal injury was caused by the negligence of some individual or authority. If you have pictures right after the accident which shows the injury then they can prove helpful.
Step 3: Study outcome of various personal injury cases similar to yours. You can also consult a personal injury lawyer. You may want to hire an attorney if your case is a difficult case or if it involves a sizable amount of money. Most of the personal injury lawyers work on contingency basis; therefore you don’t have to pay anything before hiring a lawyer.
Step 4: If there were any witness to your accident or personal injury then it can prove helpful in court. You must always obtain addresses and contact numbers of eye-witnesses. You must also compile your evidence. Medical bills, statements regarding lost wages and any other proof of expenses are vital to proving the amount of your suit is valid.
Step 5: If you are not able to reach a suitable settlement on your own, it is best to negotiate a settlement. Speak to your lawyer who will guide you on how to proceed with your injury case.
However, the most important aspect of any personal injury case is to present true facts to both the jury as well as your attorney. On the other hand there are several cases where insurance companies use explanations by injured victims to reduce or deny your compensation claim. If you find yourself in a similar situation then you must get in touch with a personal injury lawyer.
Source
Monday, August 17, 2009
The Best Injury Lawyer for You in North Carolina: Important Factors to Consider
If you have recently been injured in an accident in North Carolina you may require the assistance of a competent personal injury attorney to ensure that you are properly compensated for your loss. Different legal issues and potential injuries arise in car accidents, trucking accidents, dog bites, slip and falls or other types of injury cases. You will require an attorney with an understanding of what insurance policies may be used to compensate you for your injury. A lawyer that is unfamiliar with the types of insurance available may settle your case with the primary insurance and not be aware that a second or third policy is available to compensate you for your injury.
It is also important that the law firm have experience with your particular type of claim. Specific injuries may require specialized medical treatment for recovery and expert testimony to prove your case. An attorney already familiar with your type of injury and claim will know how to prove your case in court.
Since many injury cases go to court, there is extensive legal precedent that can trip up a novice attorney. Familiarity with this legal precedent will allow your attorney to better advise you as to the value of your case during settlement negotiations.
When deciding on which law firm best fits your needs it is important that you be able to speak with an actual attorney. If you are unable to speak with the lawyer up front, you may not have easy access to the lawyer later in your case.
Choosing an experienced personal injury lawyer to assist you in your injury case can help maximize the value of your claim and prevent unnecessary delay in resolving your claim.
Source
It is also important that the law firm have experience with your particular type of claim. Specific injuries may require specialized medical treatment for recovery and expert testimony to prove your case. An attorney already familiar with your type of injury and claim will know how to prove your case in court.
Since many injury cases go to court, there is extensive legal precedent that can trip up a novice attorney. Familiarity with this legal precedent will allow your attorney to better advise you as to the value of your case during settlement negotiations.
When deciding on which law firm best fits your needs it is important that you be able to speak with an actual attorney. If you are unable to speak with the lawyer up front, you may not have easy access to the lawyer later in your case.
Choosing an experienced personal injury lawyer to assist you in your injury case can help maximize the value of your claim and prevent unnecessary delay in resolving your claim.
Source
Monday, August 3, 2009
Daytona Lawyer Rue & Ziffra Celebrates The Summer Season Reaching Full Swing!
The celebration of America’s Independence Day holiday is almost here and the Daytona Beach attorneys and staff at Rue & Ziffra are anxious to celebrate! In fact, the renowned Central Florida personal injury law firm of Rue & Ziffra is getting an early start on the summer’s festivities by sponsoring the barbeque festival on Saturday, June 27th, at Pub 44 in New Smyrna. Rue & Ziffra will have a booth set up and will be giving away plenty of free merchandise for all in attendance! Fellow co-sponsors include the Special Olympics of Volusia County and the Volusia County Sheriffs Youth Camp. The festival will benefit the Infant Children Sleep Apnea Awareness Foundation. Not to mention, local New Smyrna police officers will be competing in the department’s motorcycle skills challenge. Mark your calendars for a full day of fun from 11 a.m. to 9 p.m. because you and your friends and family will not want to miss out!
On Friday, July 3rd, Destination Daytona will be kicking off its summer concert series by hosting Buck Cherry with Nonpoint and Inervoid. This event is garnering much attention in the Daytona Beach community and Daytona Beach Lawyers Rue & Ziffra is proud to be a co-sponsor for this exciting concert. As for the July 4th bash, our law firm will be well-represented in downtown Flagler Beach for the fireworks extravaganza. We are thrilled to have the opportunity to participate in an event for which so many of our Palm Coast and Flagler friends will be in attendance!
Finally, what is better than ending the weekend with a catch of baseball and fireworks? Alas, Rue & Ziffra is sponsoring the Daytona Cubs game and fireworks show at Jackie Robinson Stadium in downtown Daytona Beach on Sunday, July 5th. The attorneys and professional support team at Rue & Ziffra are extremely excited to promote an American tradition at a local venue!
We urge all individuals and families to come out and enjoy the festivities with us in the upcoming weeks. Of course, we are so honored and privileged to service such a wonderful, dynamic area and thoroughly enjoy helping to create the opportunity for our community members to participate in such magnificent events!
Source
On Friday, July 3rd, Destination Daytona will be kicking off its summer concert series by hosting Buck Cherry with Nonpoint and Inervoid. This event is garnering much attention in the Daytona Beach community and Daytona Beach Lawyers Rue & Ziffra is proud to be a co-sponsor for this exciting concert. As for the July 4th bash, our law firm will be well-represented in downtown Flagler Beach for the fireworks extravaganza. We are thrilled to have the opportunity to participate in an event for which so many of our Palm Coast and Flagler friends will be in attendance!
Finally, what is better than ending the weekend with a catch of baseball and fireworks? Alas, Rue & Ziffra is sponsoring the Daytona Cubs game and fireworks show at Jackie Robinson Stadium in downtown Daytona Beach on Sunday, July 5th. The attorneys and professional support team at Rue & Ziffra are extremely excited to promote an American tradition at a local venue!
We urge all individuals and families to come out and enjoy the festivities with us in the upcoming weeks. Of course, we are so honored and privileged to service such a wonderful, dynamic area and thoroughly enjoy helping to create the opportunity for our community members to participate in such magnificent events!
Source
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