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Emotional Injury Issues in Closing Arguments

Friday, June 15th, 2012

Sometimes the physical damage a person suffers in a personal injury accident pales in comparison with the emotional trauma incurred. Whether or not your injuries resulted from an accident as dramatic as a fall from a train or a terrible auto accident, your emotional injuries may be considerable.

When your personal injury lawyer presents closing arguments, he can speak of your psychological pain, but it may be more effective to focus instead on the losses you have suffered as a result of your emotional trauma.

For an individual who experiences a mental injury, these losses can be quite pervasive, involving in some cases his/her entire life. These injuries may have cost your relationships with friends and family. They may also have left you unable to cope with working. When you lose these, you may develop a growing sense of hopelessness. Your dreams seem forever destroyed.

Perhaps even more devastating a result of your emotional injuries, though, is if you lose peace of mind. Sages throughout history have written about how vital it is to have this, which goes to suggest how utterly a person can be debilitated if they lose it. This single loss can make all other consequences of the personal injury accident impossible to cope with.

Your personal injury lawyer can address these aspects of your emotional injuries by pointing out to jurors how irreplaceable the human mind is. One may be able to heal from physical injuries, but the scars of emotional ones remain forever. For representation, in the Dallas area call Dean Malone at (214) 670-9989.

- Guest Contributor

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A Little-Known Vehicle Danger: Power Windows

Friday, May 18th, 2012

Most parents are aware of the many hazards of automobiles, especially those that can hurt their children. Legislators have answered many of these hazards through laws requiring such safety equipment as car seats. However, one danger inside many automobiles has received little notice – injuries from power windows.

The National Center for Statistics and Analysis reports that each year 500 people are taken to hospitals with injuries received from power windows. Another study suggests that the number is closer to 1000, with an average of five fatalities. And while these numbers should be enough to raise concern, the fact that most of the injuries and deaths from power windows are to children ought to make parents think twice about how safe the family car really is.

Until very recently, U.S. automakers have paid little attention to the dangers of power windows. Perhaps this is because of a dearth of coverage in the media. Meanwhile, children by the hundreds receive injuries to fingers or hands from closing windows. In some cases children have even been strangled.

Worse yet is the fact that children often are seated where they have access to power window controls. It isn’t enough for a parent to simply avoid raising and lowering windows while driving, then. And if a mother leaves the children unattended for just those few moments to put money in a parking meter or pay for gas, tragedy can strike.

The National Highway Traffic Safety Administration offers tips to prevent power window accidents that may injure your child:

  • Never leave your children alone, even for a moment
  • Restrain children with seat belts or car seats, as applicable, to prevent them from getting body parts in the way of activated windows.
  • When you raise or lower windows, double-check to make sure your children’s hands, feet, and head are not in the way.
  • Never leave your keys in the ignition. A parent may try to keep children entertained while she pays for gas by leaving the radio on, but this means the power to car windows is on as well.
  • If your car is equipped with a window lock switch, keep it activated.

New cars are being fitted with switches that are more difficult for children to open. However, no device or legislation can replace a parent’s vigilance when it comes to maintaining safety.

If you have been injured due to a product defect or for any other reason, you may wish to file a claim to receive compensation. Call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

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Playground Hazards and Personal Injury Claims

Friday, April 6th, 2012

Much of the more notorious equipment has long ago been removed from our children’s playgrounds. A Dallas personal injury lawyer can attest that seesaws, merry go rounds, and jungle gyms caused debilitating, often permanent injuries to children in previous generations. Yet as public playgrounds must meet rigorous safety standards, hazards still abound.

Playground falls generally occur because of either defective or worn equipment, or lack of adult supervision. When a child is injured, a Dallas personal injury lawyer will work to record the conditions present on the playground as quickly as possible. Broken glass, damaged mats, missing screws in apparatus, etc. are all easily repairable, so any equipment problems must be measured and photographed right away.

A Dallas personal injury lawyer will often bring a playground safety expert on board to assist with inspecting the equipment for any defects or signs of disrepair. The positioning of the equipment might be an issue, along with the type and condition of mats used. Equipment should have age-appropriate hand rails that don’t become too hot for use in the sun. Fall zones should not overlap, and need to contain adequate padding free of stones, broken glass, and other hazards.

It is important that signs are placed to show children how to use equipment safely. Universal, easy-to-understand directions are necessary. Moreover, equipment should be arranged by age and clearly marked accordingly. This is especially important if the playground is unsupervised.

Regarding supervision issues, a Dallas personal injury lawyer will check to determine whether all the equipment is placed so that parents can observe their charges without obstructions.

There is no nightmare greater for a parent than a child that has been injured. Playgrounds are generally safer today than a generation ago, but there is always a potential for injury as children throw caution to the wind in their play.

If your child has been injured on a playground due to lack of supervision or faulty equipment, you may wish to pursue a claim for damages. Call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

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Why Defense Lawyers Don’t Want to Settle Personal Injury Cases

Saturday, March 31st, 2012

It would be reasonable to think that a defense lawyer in a personal injury case would save the insurer money, and thereby be more useful, by settling small claims rather than taking them to court. However, when dealing with defense counsel, things are sometimes the opposite of what you would expect. This is why having a Dallas personal injury lawyer in your corner is essential.

Defense lawyers make the lion’s share of their income from litigation. They don’t work on commission, nor are they paid bonuses to settle cases early in the process. They make their money hourly. Imagine hiring a crew of workers to build an addition to your home. You tell them it doesn’t matter how long it takes to finish, and that they will be paid hourly. There is no incentive for them to work quickly or efficiently. Such is the life of the defense lawyer who represents insurance companies in personal injury claims.

You and your Dallas personal injury lawyer may even be willing to settle for less than your demand, and all but communicate this to the defense. More than likely they will continue to drag their feet, happily sending the insurance company bills with the notation, “Reviewing files.”

This may seem horribly inefficient, but ultimately it is often an effective way of getting plaintiffs to simply give up. These defense lawyers know that lawyers for a plaintiff may not be willing to take a case all the way to trial if the case is small. There is also the potential that the defense will win before a jury.

All this is not to suggest you should throw up your hands in despair. If you have suffered an injury in an accident that is the fault of another, you should seek remuneration. Just bear in mind that the process of winning your claim may not be as smooth as you would like.

It is often useful to have legal representation when pursuing a claim. If you have been injured in an accident, call Dallas personal injury lawyer Dean Malone for a consultation at (214) 670-9989.

- Guest Contributor

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Victim and Hazard Issues in Your Slip and Fall Case

Friday, February 17th, 2012

Whether a person slips on a spill in a supermarket or loses his/her footing on a loose piece of flooring, a slip and fall personal injury accident can leave the victim debilitated. When a lawsuit is filed, certain issues will be taken into account, including the victim and nature of the hazard.

The strength of your personal injury case lies largely with these issues. As the victim, it is imperative that you appear credible to jurors. If you have a history of litigation over injuries, you may be viewed in a less favorable light as someone out to make a buck. You will need to be able to describe the accident in a way that makes jurors believe your claims. Your injuries alone will not convince them. This is particularly important if there were no other witnesses present to verify your claims.

The hazard itself will also be considered in assessing your slip and fall personal injury. There is usually something physically present or damaged that caused such an accident. It will be necessary to establish how this hazard caused you to slip by describing the mechanics of your fall.

If there is no apparent object or damage which caused you to fall, other matters will be considered. These may include the condition of your shoes; your age and mental state; the way you walk; and any impairments you had prior to the accident. There may also have been some force that caused you to fall, such as a shopping cart rolling into you.

Your personal injury lawyer will put your case together in such a way that the issues of victim and hazard will be convincing. For representation in the Dallas/Ft. Worth area, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.

- Guest Contributor

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Preserving the Scene in a Personal Injury Accident

Friday, December 9th, 2011
"Sunken and Cracked Sidewalk" after ...

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Whether you slipped and fell in a market or were struck by an object while walking along the street, a personal injury can leave you debilitated and in pain. As a part of your injury claim, it is imperative that you and your Dallas personal injury lawyer preserve the scene of the accident as best you can, and as soon as possible.

Nothing remains the same long. If you were injured on the street, repairs may be made on that cracked sidewalk. One way to preserve evidence of the way the scene looked at the time of your accident is by taking photographs. You may have a gift for describing scenes, but your testimony alone will not paint as vivid a picture for a jury as actual photos.

Take the pictures as soon as you can after the accident. This is essential because, to be admissible in court, photographs must depict the location as it looked at the time you were injured. Make sure your photos are from different angles, including one that shows exactly your orientation when the accident occurred. Include in your photos relevant background features.

Another important way to record/preserve the accident scene is by taking measurements. These are especially important where repairs may shortly take place. If an object from a store shelf fell on you, for instance, you should record the clearance of the aisle itself, as well as the height of the stack of items in question. Your Dallas personal injury lawyer can hire an investigator to take the necessary measurements, who then can testify about them in court later.

Measurements and photographs are very useful and important ways of recording your personal injury scene for a jury later on. If you have not yet retained a lawyer, call Dallas personal injury lawyer Dean Malone at (214) 670-9989.

- Guest Contributor

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The Client No Personal Injury Lawyer Wants

Monday, November 28th, 2011
NEW YORK - NOVEMBER 06:  A man holds his brief...

It is understandable for a person who has experienced a personal injury to have some difficulty maintaining equanimity. If you are feeling a great deal of pain, for instance, you may appear impatient or overly needy when dealing with your Dallas injury lawyer. However, taken too far, you become a problem client.

Lawyers know that a client may depend on them more than they should, or sometimes question their methods. However, there is no reason they should tolerate abuse, and they often don’t. The following are some of the ways in which a client’s behavior may lead to problems, even the lawyer resigning from the case:

Entitlement – The client who has issues of entitlement will not accept even the possibility that he shares some blame in his personal injury. This client looks only at the money to be made at settlement, and feels he is entitled to an exorbitant figure. Life comes to be seen as merely about money, and not relief from his injuries.

Distrust – This client questions everything the Dallas injury lawyer does. He is utterly lacking in confidence of the professionalism and even honesty of the lawyer, doctor, etc.

Overly Needy – A client should feel like he can call the lawyer when questions arise. This client, however, calls the lawyer all the time, and becomes a nuisance.

Anger – The client becomes belligerent, perhaps even to the point of yelling and offering threats. Many lawyers have a policy of giving such a client one warning, then withdrawing services in the case.

For your own benefit it is essential that you have a good relationship with your personal injury lawyer. For a free evaluation of your case by a Dallas injury lawyer, call Dean Malone at (214) 670-9989.

- Guest Contributor

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What Will My Dallas Injury Lawyer Do?

Saturday, November 19th, 2011

Downtown Dallas in the background with the Tri...It is generally not a good idea to represent yourself in a personal injury claim. The procedures and deadlines can make or break a case, so you want an experienced Dallas injury lawyer in your corner. But what exactly will he do?

Initially after meeting with you, your lawyer will evaluate your case and determine how much of a settlement you can reasonably expect. After conferring with you on this issue, he will decide whether mediation is appropriate in your case; if it is, he will choose a mediator and arrange for a meeting with defense lawyers. Otherwise your lawyer will submit an initial demand/offer to the defense.

Your lawyer will then visit the scene of your accident, look over documentation again, then decide on a witness list. Witnesses will ideally include both lay individuals (non-experts), as well as experts. Your lawyer will conduct video depositions of witnesses who cannot appear at your trial. He will also check with the court on acceptable methods of displaying exhibits, and prepare them.

The discovery phase is critical. Your personal injury lawyer will exchange information with defense lawyers, then draft and serve interrogatories on defense witnesses. Once all depositions have been taken and both sides have shared discovery, your lawyer will prepare for your trial, if necessary.

From the outset, if you are the victim in a personal injury case, it is essential that you hire a Dallas injury lawyer to represent your interests. In the Dallas/Ft. Worth area call Dean Malone at (214) 670-9989.

- Guest Contributor

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Staying on Point During Testimony in a Personal Injury Case

Monday, November 7th, 2011
The Lloyd D. George Federal Courthouse is loca...

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Taking the witness stand in your personal injury case can be very intimidating. It is probably a new position for you to be placed in, and the defense lawyers will use this to their advantage if you let them.

Before you take the stand your Dallas personal injury lawyer will admonish you to answer questions in as restrictive way as possible, offering nothing further than what is specifically asked. However, the defense lawyer is aware of this standard suggestion, and will use your own human nature against you. We are social beings, after all, and being tight-lipped and terse is counter to how we communicate, especially when it comes to telling stories.

The defense attorney wants you to forget the strategy you have been given, and as soon as possible. He will ask open-ended questions that invite lengthy replies. For instance, you might be asked, “Tell me about the accident.” It is extremely difficult to answer a question like this without elaboration. If you are hesitant, you may then be asked, “Just start at the beginning.” Soon you will likely be chattering away like a magpie, much to the dismay of your lawyer.

It is essential when you begin offering too much information that your Dallas personal injury lawyer remain active in the testimony. If you begin to answer things that weren’t specifically asked, he may speak up and say, “That isn’t what you were asked. Pay attention to the question.”

If you haven’t gone over the process of testifying with your attorney before taking the stand you may feel anxious when you are reminded to stay on point. You might even feel offended. Remember if this happens that your attorney is on your side, and is only trying to help you win your personal injury case.

Successfully navigating the defense’s attempts to undermine your case during testimony takes both focus and preparation with your lawyer. If you have a personal injury case, in the Dallas area call Dean Malone at (214) 670-9989.

- Guest Contributor

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Insurers Are Becoming Less Willing to Settle Cases

Wednesday, July 27th, 2011
A photo of a cup of coffee.

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Insurance carriers are less and less willing to settle cases without litigation. Frustrating? Absolutely. Does this mean you should give up on pursuing your personal injury case? Not if you have a qualified lawyer in your corner.

There are several factors which are contributing to insurance companies’ growing unease in settling cases. The first involves sensational reporting in the press. Whenever someone wins a very large settlement it makes headlines. People tend to generalize such reporting; in other words, it becomes an expectation that a person will be rewarded an exorbitant settlement in a case.

The 1994 verdict against McDonald’s in the infamous “hot coffee” case (which is the subject of a recent HBO documentary) is an example of a large pay-out. The litigant, an 81-year-old woman, was awarded $2.9 million dollars when she was burned after spilling coffee on herself. There were several facts in this case, though, that didn’t make the headlines. First, McDonald’s had the opportunity to settle for a fraction of the amount rewarded, but refused, believing that such a large verdict would never be awarded over a coffee spill. Also, eventually a judge reduced the amount of the verdict. Finally, the coffee in question was extraordinarily hot, and resulted in very serious burns.

Regardless, such headlines lead some people who believe they have a personal injury case to seek, and even expect, an enormous pay-out. At times, frivolous lawsuits result. Some people (including potential jurors) come to view lawyers, particularly those specializing in personal injury, as unethical. Insurance carriers, by extension, are increasingly likely to seek litigation rather than settle.

A person needs to be realistic in what a case is really worth. However, if you have suffered a personal injury you may rightfully be due compensation. To discuss your case, call Dallas personal injury attorney Dean Malone today at (214) 670-9989.

- Guest Contributor

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