A Children’s Playground (Photo credit: Wikipedia)

Dean Malone tried a case to a Dallas County jury last week.  The jury, including stipulated medical expenses, returned a verdict of nearly $47,000.00.  Mr. Malone’s clients’ paid medical expenses were nearly $4,900.00, and the parties stipulated to that dollar amount for reasonable and necessary medical expenses.

Mr. Malone’s client was five years old when injured.  The boy was hanging by his hands from monkey bars on a playground at a private school he attended.  The school’s representatives’ testimony indicated that the boy was not allowed to play on the monkey bars.  Therefore, one of the school’s ex-teachers testified that she called to the boy to get off of the monkey bars.  The boy let go of the monkey bars and fractured his arm when he hit the ground.

The boy underwent two closed reduction surgeries to attempt to properly align the broken bones in his arm.  The boy was in a cast for approximately six weeks after the last of the two surgeries.

There was testimony that the school failed to have resilient material beneath the monkey bars and failed to have monkey bars which were manufactured in compliance with Consumer Product Safety Commission standards.  The jury also heard testimony that a prior teacher at the school, before our client was injured, told a school administrator that the playground did not comply with certain standards.  The teacher had learned of playground safety standards while taking a class at the University of North Texas.  There was also testimony by a previous school teacher that another student had broken her arm when falling from the same monkey bars to the ground.

As of the date of this post, it is uncertain as to whether the Defendant will pay any amount toward the verdict or instead file post-verdict motions and or appeal any judgment signed by the court.  Our firm will submit a proposed judgment to the court for consideration.

Grayson County Court House (Photo credit: jimmywayne)

Dean Malone and co-counsel finished a jury trial yesterday in Sherman, Texas (Grayson County) in which the jury’s verdict was approximately $618,000.00.  Our client was rear-ended in a motor vehicle collision and suffered with chronic pain as a result.  The jury’s verdict included dollar amounts for loss of earning capacity, mental anguish and pain and suffering, medical expenses, and physical impairment.  The jury found that the Defendant was one-hundred percent at fault for the collision.  The court has not yet signed a judgment, and the Defendant has not paid any monies toward our client’s damages.

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.

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That the economy is in dire straits certainly isn’t news to anyone. Cuts are occurring in the job rolls, bank accounts of millions are dwindling, and everywhere signs of more conservative spending are apparent. The economy is affecting how Dallas personal injury cases are settled as well.

Like individuals, insurance companies survive by making money. In times like these they tend to tighten their belts wherever they can. One of the primary areas for this is in claims. What normally would be a settlement amount of a particular sum is slashed, often by 25% or more. The insurance companies are also far less willing to pay maximum amounts in catastrophic injury claims.

Insurance carriers, like companies in general, reduce their labor force in tough economic times. This makes claims processing slower. Also, while your personal injury attorney may have developed relationships with certain adjusters, it is more likely that he will have to work with an individual with whom such a relationship hasn’t been established; therefore, he will have to work that much harder in negotiating your settlement.

Finally, assuming your case goes all the way to trial, jurors will be more conservative in their award. They may even be that much more skeptical of the claims of your case. After all, they are human, and hear in the news of massive layoffs and suffering on the one hand, and of seeming overly large lawsuit payouts on the other.

If you have a personal injury claim, be prepared for a more difficult time getting the settlement you deserve. Your best bet is to have a good injury lawyer. Call Dallas personal injury attorney Dean Malone at (214) 670-9989.

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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.

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As mentioned in yesterday’s blog, many Dallas personal injury claims may contain some element of emotional injury. Insurance adjusters are inherently skeptical of emotional injury claims, since they don’t show up on medical tests like X-rays or CAT scans. Though emotional injuries are common after stressful events like car accidents, insurers may suspect that a claimant is merely faking a mental problem to increase the value of his or her case. There are some factors that make a mental injury claim more convincing to a jury if your case progresses to trial. Insurers may be more inclined to settle depending on your answers to the following questions.

Is There a Physical Injury?

A physical injury, especially a serious one, can make an emotional injury claim more convincing. Though a traumatic event can cause emotional damage without a physical injury, your Dallas personal injury lawyer will have an easier time convincing a jury if there is a concurrent physical injury. If your accident resulted in a permanent disability, it would be surprising if there was not some negative emotional impact.

Who Is the Defendant?

It shouldn’t matter who the defendant is in your Dallas personal injury case in terms of proving a mental or emotional injury. An injury is an injury, and any traumatic event can cause emotional damage, no matter who caused it. As with most personal injury cases, though, the likability of the defendant enters into a jury’s considerations. Jurors may be more likely to award a large verdict in a case where the defendant is a big corporation (especially an unpopular one) than they are in a case where the defendant is a kind individual who injured you unintentionally.

There are exceptions to this rule, of course. Juries can return very large verdicts if the individual causing an emotional injury was someone who abused a position of trust to prey upon an especially vulnerable victim, such as in cases involving psychiatrists or nursing home workers.

For a free evaluation of your case, please contact Dallas personal injury attorney Dean Malone by calling (214) 670-9989.

- Guest Contributor

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This is part two of a two-part article on how to testify at your Dallas personal injury trial. To go to part one, click here.

What you say in your testimony at trial is important, but there are other factors a jury might consider, consciously or unconsciously, when deciding whether they believe your side of a story over that of the defendant. Here are some tips to keep in mind when your Dallas disability attorney is helping you prepare to testify.

1. Dress Appropriately. You want to make a good impression by dressing nicely, but you do not want to dress so extravagantly that it distracts from the content of your testimony. Avoid flashy clothes or too much jewelry or makeup.

2. Act Professionally. Part of making a good impression is treating everyone with courtesy. Most plaintiffs realize that they should be respectful to the judge and call him or her “Your Honor.” But you really need to treat everyone in the courtroom with that same degree of respect: the court reporter, other court personnel, and even the defendant and his attorney. Though some of the questions you are asked might make you angry, it is important that you never lash out at the defense attorney. You want the jury to think of you as calm or collected.

3. Be Serious. People are not typically happy about having to report for jury duty, so they do not like it when they appear in court and the plaintiff is not taking the proceedings seriously. Jokes and wisecracks have a place, but your Dallas personal injury trial is not that place. If you’re trying to be a comedian during your trial, jurors might wonder whether your injuries are as serious as you claim.

If you have been injured and are not already represented by a Dallas personal injury attorney, call Dean Malone at (214) 670-9989 for a free evaluation of your case.

- Guest Contributor

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If you sustain an injury due to the negligence or intentional act of another person, you are entitled to recover for your medical costs, pain and suffering, and any economic losses. The most common economic loss is missed wages due to time off from work, but there are other economic losses your Dallas personal injury attorney might be able to recover. Two that can come into play in cases involving more severe injuries are forced early retirement or sale of a business.

Early Retirement

A serious injury can shorten a person’s expected work life. The amount of money at issue in such a case is often significant, because these wages would have been earned at the end of your career—when your earning capacity is at its highest. If an injury is expected to shorten your working years, your Dallas personal injury attorney will need to have a doctor document the effect that your injury has on your work life expectancy. If the case goes to trial, it may also be necessary to have an economist testify about how much you would have earned in the later years of your career, taking into account various factors such as your geographic location, education, work experience, and what industry you are employed in.

Premature Sale of an Asset

Another economic loss that is sometimes overlooked in personal injury cases is the forced sale of a business or other asset. Your injury might generate high medical bills so that you need cash upfront. Or the injury may be so disabling that you are unable to continue running your business. Either way, selling a business before you were ready to do so can mean a significant economic loss. This is a complicated issue, and you will need an economist or industry consultant to testify if your Dallas personal injury lawyer is going to raise this issue at trial.

If you have been injured, make sure your rights are protected. Dean Malone can help you recover the full amount to which you are entitled. Call (214) 670-9989 to learn more.

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There are many ways that you could cover or pay for medical bills incurred due to a car accident. When you meet with your Dallas car accident attorney, be sure to mention what insurance coverage you may have available.

The following types of insurance policy might cover you if you are qualified:

• Health insurance coverage through an employer.
• Health policy that you purchased for yourself.
• Health insurance coverage through a spouse if you are married or through a parent if you are a student or under the age of 27 and living with your parents.
• Workers’ compensation insurance if your car accident happened while you were working and if the driving was part of your work.
• Your own automobile insurance policy if you have medical payments insurance coverage.
• The driver’s automobile insurance policy if you were a passenger in a vehicle that experienced an accident.

If you are uninsured and financially able to do so, you can pay your own medical bills as they are incurred.

All of the above payment methods would cover you as you are billed for medical services. If the person or company who caused your injuries is covered by liability insurance, your bills could be paid by them, but only after a settlement has been reached. Many doctors and hospitals are willing to wait for payment until resolution of your Dallas car accident case, but let them know in advance.

Car accidents can be incredibly stressful, especially if you have an injury. You must deal with insurance companies, answer phone calls, and figure out what you should do. If you have been injured, contact the law offices of Dallas car accident attorney Dean Malone to ensure that you receive fair treatment in your case. Call (214) 670-9989 for more information.

- Guest Contributor

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One of our clients, while working on a concrete well, feel 17 feet to the bottom as a result of a ladder rung pulling out of the concrete.  Our OSHA safety expert testified that a large number of people do not survive falls from that height.  There was no fall protection equipment available at the site.  Our client was fortunate enough to only sustain a broken ankle and contusions as a result, though he will likely require future surgery.

A jury in 2009 returned an over $500,000.00 verdict, and the defendant appealed.  Yesterday, the Dallas Court of Appeals affirmed, or upheld, the judgment in our client’s favor.  Here is a link to the court’s opinion -

Dallas Court of Appeals Opinion