Lewis, Feldman, Lehane & McAtee, LLC | Attorneys At Law

You've heard of product liability cases, but what does that actually mean? When a person is injured or killed as a result of a defect in a product, they have a product liability claim against the manufacturer. Such claims differ in various states.

In Alabama, product liability claims are governed by the Alabama Extended Manufacturers Liability Doctrine (AEMLD). Under this law, you have to prove the following in order to have a claim against the manufacturer:

(1) A plaintiff must prove he suffered injury or damages to himself or his property by one who sold a product in a defective condition unreasonably dangerous to the plaintiff as the ultimate user or consumer, if

(a) the seller was engaged in the business of selling such a product, and
(b) it was expected to, and did, reach the user or consumer without substantial
change in the condition in which it was sold.

(2) Having established the above elements, the plaintiff has proved a prima facie case although

(a) the seller had exercised all possible care in the preparation and sale of his
product, and
(b) the user or consumer had not bought the product from, or entered into any
contractual relation with, the seller.

Casrell v. Altec Industries, Inc., 335 So.2d 128, 132-133 (Ala. 1976) and Atkins v. American Motors Corp., 335 So.2d 134, 141 (Ala. 1976); cited in Alabama Tort Law Handbook § 19.1 (Michael L. Roberts and Gregory S. Cusimano).

This law applies to all products sold and placed in the stream of commerce.

Why am I discussing this today? Unless you have been sleeping under a rock, Toyota is involved in a massive recall over unintended acceleration with respect to several models of vehicles which it has sold. Our laws provide that Toyota is responsible for putting defective products out into the public. They made money on these products, and they need to make sure they don't injure and kill people by doing so.

This law has nothing to do with intent. Many people confuse civil and criminal laws along with the idea of punitive damages. Toyota may not have intended for this defect to be present, but they sold the product so they are responsible for the unintended consequences of injury or death. Punitive damages could be applicable would be if it could be shown that Toyota knew about this defect and disregarded it. Intent is only required in criminal actions.

Toyota is stepping up to the plate and recalling these cars. But, before they did so, they suggested that this was a floormat placement issue and made the public think this was a trivial matter. Unintended acceleration in vehicles is far from trivial, and if individuals and families are injured or killed as a result, Toyota should compensate them accordingly.

We are often asked by clients or potential clients what their case is worth. How do we answer that question? Here is a recent question submitted online publicly, and here is my answer.

QUESTION: I was involved in a car accident last June 09 . I was sitting at a red light and was hit from behind. I went to the ER . And followed up the a doctor in July because my right arm and hand was swollen she gave some pain killers. I went back in August my right arm and hand was still swollen she sent me to get xrays and then referred me to a back speacialist he sent me for weeks of physical therapy and a MRI the MRI showed I had a buldged disc at c4c5 and a ruputred disc at c5c6 with degengerative diease. Physical Therapy also said I had cervical dysfunction at c0thruc3. What amount of settlement should I expect.

ANSWER: Based upon the facts you have given, it is impossible to assess your damages. What else would need to be known? Damage to vehicles, location of collision, doctor's opinions, permanence of injury, your age, whether you have health insurance, whether the defendant has auto insurance and the amount, and whether you have coverage on your auto(s) and the amounts, among other things. If you would like to e-mail me your information regarding all of this, I could give you a better idea of what I think the value could be. However, only two groups of people can really give you the actual value of the case: the adjuster(s) who write the check or the jury who decides your case. Any other value is based upon education in this field and knowing what other juries have done in the venue where you are. My e-mail is jon@lewis-attorneys.com.

I thought it would be interesting to follow two cases we are handling from start to finish. Obviously, we will describe the cases anonymously, but the details will give you an idea of the process.

Last week, we were employed by two different clients. In one case, the husband and wife were involved in a car wreck. By the way, you will see that we do not use the term "accident". We use "wreck", "crash", and "collision". The wreck is not an accident. It is the result of another driver failing to pay attention by choice. These clients were referred by a former client who has since gone to law school and become an attorney himself.

The second case involves fraud and misrepresentation. Our client purchased a car which had been bought back by the manufacturer in California under the California Lemon Law. He bought the "pre-owned" car in Alabama. "Pre-owned", as we all know, is the fancy term for "used". When he bought it in Alabama, the title is supposed to be branded with the phrase: "THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY." Well, it wasn't. Not only that, there are more facts which I will discuss in a future post. This client was referred by another attorney.

Both clients came into our office in downtown Birmingham, Alabama and met with me to discuss their cases. I spent about thirty minutes to an hour with each. With respect to the collision case, we discussed the facts of the collision (they were rear-ended by another vehicle), the injuries suffered by the husband and wife, their medical treatment, their medical history, their insurance information, the damage to their vehicle, other personal information, how the case will likely progress, tort reform issues, and how our firm handles the case. They executed our contract and medical authorizations so that we can obtain their medical records and bills, and we ended the meeting.

What were their injuries? The wife had pain in her hip and buttocks area. The husband had pain in his neck, cervical strain, and pain in his lower back. About ten years earlier, he had a protruding disk in his lower back, and he is concerned that this wreck has re-injured that area which was already weak. He had been fine until this wreck. He was clearly in pain in my office, especially when he got up to leave. He is in his early thirties, and he should not have such pain at his age. He was following up with an orthopaedic surgeon.

With respect to the fraud case, we discussed the facts of the transaction and what has transpired since he purchased the vehicle. We discussed the legal ramifications of what was represented to him by the dealer and who might be responsible for his loss - a $19,000 vehicle which is inoperable right now. We also discussed his possible damages as a result of the misrepresentation. Again, he executed our contract, and we ended the meeting.

Our next step on each case: write representation letters to all parties and/or insurance companies who or which might be liable for the claims. We almost always try to resolve cases without litigation because it is usually most beneficial for all parties involved - less cost, time and emotional strain. In the car wreck case, we will begin obtaining medical records and bills, but we will also have to wait to see how the medical treatment will proceed as well as what the final outcome is. In the fraud case, we will wait to see how each party responds to our claims. Those claims will include: negligence, wantonness, misrepresentation, breach of warranty, breach of contract, and violations of the Alabama Deceptive Trade Practices Act.

Stay Tuned!!

Are trial lawyers really greedy, money grubbing individuals? Some maybe, but most are productive citizens who are small business owners contributing to their communities. Check out the lawyers on www.InjuryBoard.com. See what we do.

The attorneys on this site have not only spent their own time and money helping injured individuals, but they have also made products safer and forced companies to pay closer attention to their policies and procedures so that others do not suffer the same fate as their client. These attorneys have helped educate the public on serious issues such as texting while driving, Healthcare reform, major recalls, and how to help victims of various natural incidents.

We are also fathers, mothers, husbands, wives, church and synagogue members, PTA members, little league coaches, and friends. We are not the evil members of society attempting to extract money from various small businesses. Most of us are trying to help recover compensation for legitimate wrongdoing - see Enron, Worldcom, and Healthsouth cases as well as the family who has lost their husband/father because some truck driver was drunk or overworked and ran a red light crushing his vehicle and him along with it.

Every industry has its bad apples, and the legal industry is no different. In fact, there are defense attorneys who would rather drag a legitimate case out in order to bill by the hour and make a larger fee instead of settling a case quickly for his client when he knows his client is liable (we call that reverse ambulance chasing). What about the stock broker who churns a client's account, or the used car salesman who sells a car he knows was flooded in Hurrican Katrina.

The point is that most trial lawyers are trying to do good and right by their clients and society. Next time you hear someone criticize an industry without the facts, call them on it. Ask questions. Don't take one soundbite as the ultimate truth.

There is a wonderful organization called the National Center for Sports Safety. This organization is based in Birmingham, Alabama, and its purpose is to promote the importance of injury prevention and safety on all levels of youth sports through education and research.

With all of the recent publicity over sports injuries and coaches overworking young athletes, this organization provides a wonderful opportunity for the education of parents, coaches, and the athletes. They provide a course called "PREPARE" which teaches sports first aid so common injuries are less likely to occur and are treated appropriately when they do happen.

The goal of the National Center for Sports Safety is to decrease the number of sports injuries by helping youth and high school sporting events become safer venues through Emergency Action Planning. If you are a high school coach, the parent of a high school athlete, or a high school athlete, I encourage to get involved with the National Center for Sports Safety.

A Tennessee woman was killed in a crash on I59 near Trussville according to the Birmingham News. The incident involved two vehicles. The other vehicle was driven by a woman from Gadsden. The News did not offer any other information regarding the collision.

This crash brought to mind some questions. What happens when someone from another state is involved in a collision in Alabama? Where does the claim have to be made? What state's law controls? These are all questions which arise when out-of-state individuals are driving through Alabama and are involved in collisions.

How are these questions answered? Well, if the collision occurs in Alabama and the out-of-state individual is not at fault, the claim has to be brought against the Alabama resident in Alabama. However, if uninsured motorist coverage is involved, the out-of-state resident may bring a claim against her insurance carrier where she signed her insurance contract - typically her home state.

The law which governs the case will generally be determined based upon the type of claim. For example, if the claim is against the Alabama resident who caused the collision, Alabama tort law will govern. If the claim is against the insurance company for uninsured motorist coverage, the law where the contract was signed will generally govern. If the person from out-of-state caused the collision, the claim will be brought in Alabama, and Alabama law will probably govern.

Our firm has represented individuals from various states over the years including: Florida, Georgia, Tennessee, Mississippi, Texas, North Carolina, New York, Ohio, etc. These were people traveling through Alabama to get somewhere else or simply visiting family and friends in Alabama. These things happen, and when they do, it helps to know ahead of time what to expect.

Please accept without obligation, express or implied, these best wishes for an environmentally safe, socially responsible, low stress, non addictive, and gender neutral celebration of the winter solstice holiday as practiced within the most enjoyable traditions of the religious persuasion of your choice (but with respect for the religious or secular persuasions and/or traditions of others, or for their choice not to practice religious or secular traditions at all) and further for a fiscally successful, personally fulfilling, and medically uncomplicated onset of the generally accepted calendar year (including, but not limited to, the Christian calendar, but not without due respect for the calendars of choice of other cultures). The preceding wishes are extended without regard to the race, creed, color, age, physical ability, religious faith, choice of computer platform, or sexual preference of the wishee.

Judge Vance issued an Order yesterday regarding collateral source. What is the collateral source rule? Well, for years, Alabama had this rule in effect. It basically said that if John Doe is in a car crash with Mary Smith and John Doe was at fault, John Doe could not tell the jury that Mary Smith had health insurance to cover her medial bills. Mary Smith would tell the jury that her total medical bills were $10,000.00 (or whatever they are), and the jury would decide how much John Doe owed Mary Smith in compensation. At that point, Mary Smith would have to pay back her health insurance carrier out of her recovery.

Several years ago, the Supreme Court of Alabama abolished the collateral source rule, and this has created a mess as well as an unfair advantage to wrongdoers and insurance companies. Now, if Mary Smith tells the jury that her bills were $10,000.00, she looks like a liar because John Doe will tell the jury that Mary Smith had BlueCross BlueShield (BCBS) and that BCBS only paid $5,000.00 for the bill. The jury sits there wondering why Mary Smith is wasting their time when her medical bills have been paid, and they think she wants something for nothing, i.e.: she is trying to play the "litigation lottery" and profit off of the collision. This is what the insurance companies want. This is tort reform!

Judge Vance has seen through all this and written a very good Order to address this issue. Someone is going to get a windfall regardless of whether there is a collateral source rule in effect or not. The question is, "Who gets the windfall?" Should the wrongdoer be rewarded for his conduct, or should the victim be rewarded for her injuries? For example, let's assume the old rule is in effect, and Mary Smith can tell the jury that her bills were $10,000.00, and the jury awards a $30,000.00 verdict. Mary Smith will have to pay her attorney 1/3 plus his expenses, and she will have to pay back BCBS about $3,000.00 (assuming BCBS only paid $5,000.00 for the $10,000.00 bill based upon their contract with the providers). Additionally, Mary Smith probably had several co-pays or deductibles and other damages such as lost wages and pain and suffering. In that situation, Mary Smith will net approximately $15,000.00 or so for her time, trouble, inconvenience, lost wages, and pain.

Now, what if the collateral source rule were abolished. The jury would know that BCBS paid $5,000.00 for the medical bills, and they would likely render a verdict in the range of $5,000.00 to $15,000.00. Let's say it's $15,000.00. The attorney would receive 1/3 plus expenses. BCBS would receive approximately $3,000.00. Mary Smith would walk away with approximately $5,000-$6,000.00. Significantly less. The attorney clearly gets less as well, but too much is made of what the attorney gets or doesn't get. Shouldn't we concern ourselves with the victims, not the attorneys? The attorneys are just getting paid for doing a job.

So, the victims and the attorneys lose when the collateral source rule is not in effect, and the insurance companies lose when it is in effect. This rule was sufficient for 100 years or so, but now it's not because insurance companies want to save money.

Let's look at one last example. What if the collateral source rule is not in effect and the injured party has no health insurance? In that case, Mary Smith can tell the jury that her medical bills are $10,000.00, and the jury is likely to award the $30,000.00 verdict. Why should the verdict change based upon whether or not Mary Smith has health insurance? Should the windfall go to the injured victim or to the wrongdoer and his insurance company? Our laws always protected the victim, but now, they seem to lean toward the insurance companies.

Fortunately, Judge Vance sees it the other way. Let's hope his ruling stands. Insurance companies have the funds. Injured victims usually don't. For a copy of Judge Vance's Order, e-mail Jon Lewis at jon@lewis-attorneys.com.

Did you know that hospitals and physicians rarely ever receive the amount they charge for their services? Health insurance companies do not pay the actual bills invoiced by medical professionals. Why is that?

We had a client who was injured in a truck collision. His injuries were serious enough to warrant several nights in the hospital and a couple of surgeries. What were his medical bills? Approximately $72,000.00. What did the hospital and physicians get paid? $11,714.01, approximately 16% of the amount billed.

If you had a retail store, would you accept 16% of your prices? Why do hospitals and doctors? Are they over-charging, or are they getting paid too little?

What if you don't have health insurance? What happens then? Well, I can tell you that I handled collections for a hospital about 13 years ago, and if patients came in for emergency treatment and didn't have insurance, we sued them for the full amount, not 16%. Why do private pay individuals have to pay the full amount? I understand why health insurers receive a discount, but an eighty-four percent (84%) discount? What if Bill Gates doesn't want to get health insurance? He can pay any amount billed so why doesn't he receive the same discount as a company like BlueCross?

Is this a form of fraud or misrepresentation? In Alabama, BlueCross BlueShield has such a monopoly on health insurance that they dictate to hospitals and physicians what they can charge for their services. Many doctors speak poorly of BlueCross BlueShield as a result of their influence. Some won't even accept their rates as a result. Should the health insurance companies be setting the rates for medical treatment? Is that capitalism?

I don't have the answers to all these questions, but I think they need to be discussed, especially in light of healthcare reform. What are your thoughts?

How are Walmart's prices so cheap? Well, you can start by not paying your employees the proper amount of overtime under the wage and hour laws of our country. Add to that a lack of benefits, and you have the makings of low prices.

Walmart has settled a 2001 class action lawsuit brought by 87,000 current and past employees of the company in the Commonwealth of Massachusetts. These plaintiffs alleged that Walmart denied them overtime pay, refused to give them meal breaks, and manipulated the employees' time cards to their advantage.

We tend to place these companies on a pedestal. The more money they make, it seems like the more credibility we give them. Oh, that's Walmart. They could do no wrong. Who could believe these greedy little employees?

We listen to the media so much. We believe everything we see and hear. Well, I'm here to tell you that there are always two sides to every story. I will bet that when this lawsuit was brought in 2001, many people, if asked, would have said that it was frivolous. Well, Walmart doesn't pay $40 million for a frivolous claim. Walmart pays $40 million and enters into a confidentiality agreement because it doesn't want the public to know what it did.

Next time you hear a story about a lawsuit in the media, stop and think. Give both sides thought. You may not be given the whole truth by the media. You may not understand all of the ins and outs of the legal issues. This is why we have our legal system. This is why juries get to listen to ALL of the facts and ALL of the law. The media just gives you soundbites.

What are the insurance companies doing now? They are using "Utilization Review" in order to cut off workers compensation benefits. How does that work?

Well, the Alabama Workers Compensation Act allows for "Utilization Review". That means that the workers compensation insurance carrier can submit your medical records to a third party physician to review and determine if they are related to the injury. If that third party physician says, "No", the workers compensation carrier cuts off the injured employee's benefits.

How does this work in practice? Take my client for example. She had surgery approximately ten (10) years ago. Her workers compensation case was settled, and her medical was left open for future treatment. Typically, that is what happens in workers compensation cases. The person receives medical treatment for the related injuries for the rest of her life.

For ten (10) years, my client has been receiving prescriptions and medical treatment for her injuries. Out of the blue, the insurance carrier sends her records to a foreign doctor in El Paso, Texas who opines that her injuries and medical treatment are not related. So, the insurance carrier, under the "utilization review" provision, cuts off her medical treatment.

Why did they wait ten (10) years? How can this doctor supersede my client's local doctor's opinion when he hasn't even examined her. Shouldn't the "Authorized treating" physician have the final say? The insurance carrier approved her "Authorized Treating" Physician.

This is ridiculous and unfair, but that is how the insurance industry works. Insurance covers everything but the loss. All they want is their money and to hell with everything else - morals, humanity, sympathy, kindness, and generosity. It is all about the bottom line. People talk about "greedy trial attorneys" when they should be talking about "greedy insurance companies".

Do State Homicide rates predict traffic fatalities? According to a University of Michigan study, they do. The study found that there was a parallel with the number of homicides and the number of traffic deaths. What seems to be the reason for this? Aggression.

The study looked at ten factors and "found that seven of them accounted for 71 percent of the variance in traffic fatality rates." Those seven are "homicide rates, proportion of male drivers, proportion of older drivers, number of alcohol-related liver failures (as a proxy for intoxicated driving), density of physicians, seat-belt use rate, and income." Apparently, the strongest predictor of these seven are homicides because homicides relate to aggression which relates to aggressive driving.

What does this teach us? We need to respect others on the roadways. We can't be in a hurry all of the time. We cannot drive while we are doing several other things: texting, playing with the radio, putting on makeup, using the telephone, changing CD's, and having too much noise and distractions in the car. We need to realize that we share the road with others, and we need to understand that different people have different driving styles just as different people have different psychological makeups.

During this holiday season, think before you act. Take a few miles per hour off your speedometer. Leave a little early for that appointment or meeting so you aren't in a rush. Be more passive on the roadways, and maybe you will save a life.

It appears the "Fugitive Felon" program had some issues and precluded benefits to rightful recipients. A federal judge approved a civil-court settlement requiring the Social Security Administration to repay $500 million to 80,000 recipients whose benefits it suspended after deeming them fugitives.

The supposed fugitives include a disabled widow with a previously suspended driver's license, a quadriplegic man in a nursing home and a Nevada grandmother mistaken for a rapist.

According to an article in the Wall Street Journal, they were among at least 200,000 elderly and disabled people who lost their benefits in recent years under what the agency called the "Fugitive Felon" program. Launched in 1996 and extended to Social Security disability and old-age benefits in 2005, the program aimed to save taxpayers money by barring the payment of Social Security benefits to people "fleeing to avoid prosecution."

But some federal courts in recent years have concluded that most people the agency identified as fleeing felons were neither fleeing nor felons. The problem: Social Security employees relied on an operations manual stating that anyone with a warrant outstanding is a fugitive felon, whether the person is actually fleeing or attempting to avoid being captured.

The Social Security Administration, which neither admitted nor denied wrongdoing as part of the settlement, declined to comment.

The National Senior Citizens Law Center, an advocacy group for the elderly and disabled, sued the Social Security Administration in an Oakland, Calif., federal court last year on behalf of people denied benefits, and asserted that most warrants -- some decades old -- were for minor offenses and most people were unaware they existed.

Let's hope all of the valid recipients are compensated.

This blog is written in response to the blog, 98,000 Reasons to Care about Patient Safety, by Jane Ayre at InjuryBoard.com. This is the number of Americans who die from medical errors each year. As a nurse, I know that patient safety is a concept that is foremost in the minds of healthcare providers, administration, and regulatory agencies. How can you, the consumer, help prevent medical errors ? In this blog, I will outline tips to help the consumer prevent other medical errors.

1. Be an active part of your healthcare team. Ask questions not just in the hospital but anywhere you receive healthcare. If you don’t understand something, ask for clarification.
2. If you have a choice, choose a hospital at which many patients have had the procedure and surgery you need and have had good results.
3. When choosing a specialist, ask your own physician for a personal recommendation. I have been known to ask my primary doctor: “If this were your wife, who would you send her to for this condition?”
4. Ask all healthcare workers who have direct contact with you whether they have washed their hands. Adequate hand washing is a primary way to prevent infection.
5. Before you leave the doctor’s office or hospital, make sure you understand the treatment plan. This includes understanding about your medications, follow-up care, and when to contact the doctor.
6. Before you leave the hospital, make sure you understand when you can resume regular activities. Make sure your doctor understands your regular activity level. You should know when you can shower, take a tub bath, lift 5 lbs, return to work, etc.
7. If you are having surgery, make sure that you, your doctor, and your surgeon all agree on what exactly will be done. For example, if you are having surgery on your right arm, make sure all involved knows it is the right arm. Make sure the site is marked before surgery.
8. Make sure someone is in charge of your care. This could be your personal physician. You need a point person to direct your care.
9. Make sure that all health care professionals involve in your care has your important health information. I love patients who come in with a written history. It is important that healthcare professional know your allergies, past surgeries, past and current medical conditions, etc.
10. Have a family member or friend designated as your advocate. Ask that person today. Make sure they know your medical history and your preferences in regards to medical care.
11. Before a test or treatment, ask why it is needed and how it can help you. Be informed before you consent.
12. If you have a test, follow-up and get the results.
13. Learn about your condition and treatments. If you use the Internet, use reliable sources. Treatment recommendations based on the latest scientific evidence are available from the National Guidelines Clearinghouse at http://www.guideline.gov. One of my favorites is www.mayoclinic.com.

You can visit my previous blogs on detail ways to prevent medication errors. I have outlined below the top 6 tips:

1. Make sure all healthcare professionals involved in your care know everything you are taking. This includes over-the counter medications, vitamins, herbs, and dietary supplements. Review these with your doctors once a year.
2. Make sure all healthcare professionals involved in your care know about any allergies and adverse reactions you have had to any medications.
3. When you get a new prescription from your doctor, make sure you can read it.
4. Understand your medications. What is it for? How is it to be taken and for how long? What are the side effects? Can I take it with other medications? What should I avoid while taking this medication?
5. Ask the pharmacist if you have any questions about the directions on your medication labels.
6. Ask for written information about the side effects.

Be involved in your care. Ask questions until you understand. Never consent to a test, surgery, or procedure until you are informed. Do not feel like a nuisance, you are standing up for your right to safe medicine that is appropriate for you and your condition. Your diligence could save your life. Share this with your family and friends.

Adapted from Agency for Healthcare Research and Quality

From time to time, we receive questions from potential clients about various subjects regarding Social Security. As our nation ages, more elderly workers are re-entering the work force and they sometimes have questions about withholding, Social Security, and taxes. If you are returning to work, after age 65 for instance, your employer must withhold FICA taxes from your paycheck no matter how old you are. Although you may have been retired, you do receive credit for those new earnings according to the Social Security Administration. Each year Social Security automatically credits the new earnings and refigures your monthly benefit. If your new earnings are higher than in any earlier year used to calculate your current benefit, your monthly benefit could increase.

Another question sometimes asked is about short-term disability. What if a worker will only be disabled for a short period of time(for instance Maternity Leave)? Can a person qualify for SSD benefits for short term disability? In a nutshell, no. Social Security pays only for total disability—conditions that render you unable to work and are expected to last for at least a year or end in death. No benefits are payable for partial disability or short-term disability, including benefits while on maternity leave. The disability evaluation process considers any current work activity you are doing, and your medical condition and how it affects your ability to work. For more information, go to www.socialsecurity.gov/pubs/10029.html

When I was a law student at Vanderbilt, a contracts professor asked a question about whether the "loser" to a lawsuit should be required to pay the "foreseeable costs," ie. the winner's attorney fees. I argued "yes" given that the costs were foreseeable. I was wrong.

This argument, loser pays, really is nothing more than a way for business, insurance companies etc. to shut the doors to the courthouse to the vast majority of Americans who could never be able to afford to pay the tens or thousands of dollars that the other side may incur in attorney fees. Indeed, the reason why contingency fee contracts are regularly employed when representing injured persons is that those persons can't afford to pay their own lawyers an hourly rate. For example, a truck crashes into you, putting you in the hospital for months and causing you to lose your job and health insurance - how in the world will you be able to pay the other side's legal fees if you end up losing the case - and it must be remembered, that even when you are rear-ended, juries can still return a verdict for defendant.

In Alabama, the scale already is tipped very unfairly in favor of defendants. Under ARCP 68 a defendant may file an "Offer of Judgment" which plaintiff has 10 days to accept. If plaintiff does not accept the offer and if at trial, plaintiff does not receive a verdict in excess of the offered amount than plaintiff is on the hook for defendant's costs incurred after the Offer of Judgment was made. In other words, if defendant files an offer of judgment of $10,000 and the jury returns an award of $9,000 for plaintiff, the Court may tax costs (say $5,000) against plaintiff despite the fact that the jury returned a verdict in plaintiff's favor. There is no similar provision in the law that allows plaintiff to make an offer of judgment whereby defendant is on the hook for plaintiff's costs incurred if the jury returns a verdict for plaintiff in excess of what plaintiff offered to settle for. Nor does the rule allow plaintiff to collect costs against defendant if a jury returns a verdict in excess of what defendant offered. How's that for fairness?

As a matter of practice, I would be very surprised if an Alabama judge would enforce Rule 68 as described above, although they could. In addition "costs" do not include attorney fees, but rather are limited to actual costs incurred, like deposition bills, mileage etc. Of course, even costs can run up into the thousands of dollars very quickly, and it is the client that is on the hook for costs. So, you've got to tell your client, not only can you lose, but you also can lose and owe the other side thousands of dollars.

There are several other reasons why "loser pays" is a bad idea - but shutting down the courthouses to the vast majority of Americans is enough.

Recently, I recieved a Social Security Statement in the mail because my birthday is fast approaching and I meet certain criteria to receive such a statement. If you're age 25 or older, pay Social Security taxes and are not yet receiving monthly benefits, you should get an automatic Social Security Statement in the mail each year about two to three months before your birthday. The statement is a valuable tool to keep track of your annual earnings, as well as to help you plan your financial future. Read Article: www.times-standard.com/lifestyle/ci_13339858

But if your earnings don't meet the threshold for filing a federal tax return, you might not be receiving your annual Social Security Statement. However, you're probably entitled to one.

Everyone who has worked and paid Social Security tax is entitled to receive a statement. So, if you don't get one automatically in the mail, you can request one from Social Security -- and the easiest way to do that is online.

Just visit www.socialsecurity.gov/mystatement and click on the “Need to request a Statement?” banner. You'll need to fill in the following information to make your request:

-- Your name as shown on your Social Security card

-- Your Social Security number

-- Your date of birth

-- Your place of birth

-- Your mother's maiden name (last name only, to help identify you).

You also can provide the following information to make your estimate more accurate:

-- Your last year's earnings and an estimate of your current and future earnings.

-- The age you plan to stop working.(for most this may be difficult)

Once you make your request, Social Security will mail you a statement, which you should receive within two to four weeks. Give it a careful look to make sure your earnings and information are reported correctly, and contact Social Security if you find anything amiss.

After you review your statement, it's a good idea to keep it with your other important papers. And if you'd like to go one step further in your retirement planning, visit the online Retirement Estimator at www.socialsecurity.gov/estimator, where you can get an instant estimate of your future benefits based on your earnings record and plug in various retirement age scenarios. More information is also available at www.socialsecurity.gov.

Deciphering a medical record can be a real headache, especially handwritten records. Once you break through the handwriting code, you have to deal with the alphabet soup that is medical jargon. Below is some of the abbreviations used in medication administration. I hope this helps you make some sense of the medical records you are looking at. Use this prn.

Doses

cc = cubic centimeter

gm = gram

gr = grain

gtt = drop

mcg = microgram

mEq = milliequivalent

mg = milligram

ml = milliliter

oz = ounce

tsp = teaspoonful

Tbsp = tablespoonful

U = units

Times

ac = before meals

BID = twice a day

pc = after meals

PRN = as needed (commonly written with a time frame and reason the medication is being given. For example q 2-4 h prn for pain meaning every 2-4 hours as needed for pain)

Q = every

QD = every day

QID = four times a day

QOD = every other day

q h = every hour (so q2h would be every two hours)

qhs = every bedtime (sometimes written as just hs)

TID = three times a day

Stat = immediately

Routes of Administration

AD = right ear

AS = left ear

AU = both ears

buc = inside the cheek

IM = intramuscular injection

IV – intravenous

IVPB – intravenous piggyback

OD = right eye

OS = left eye

OU = both eyes

opth. = pertaining to the eye

otic = pertaining to the ear

PO = by mouth (NPO means nothing by mouth)

PER G.T.= through gastrostomy tube

PR = per rectum

SL = sublingual

SQ or sub-Q = subcutaneous (also written as SC)

Supp – suppository

Susp = suspension

TPN – total paternal nutrition

Tab = tablet

Other

c- with

s – without

MAR – medication administration record

OTC – over the counter

Sig- label

EC – enteric coated

DC – discontinue

Per – through or by

As I have blogged about before, President Obama released extra payments earlier this year to millions of disabled Americans. For 2010, the outlook doesn't look good for a cost of living increase based on the Social Security Administration's denial of increased benefits for the upcoming calendar year. CNN is reporting no increase will occur: money.cnn.com/2009/10/14/news/economy/obama_seniors_payment/index.htm

It marks the first time that Social Security benefits have not been increased year over year since the cost-of-living adjustment was put into effect in 1975. To help counterbalance that, President Obama is calling on Congress to send another $250 relief payment to 57 million seniors and other Americans to stem the economic strain.

Congress approved $250 emergency payments as part of the $787 billion economic recovery act that lawmakers passed in February.

"Even as we seek to bring about recovery, we must act on behalf of those hardest hit by this recession," Obama said in a statement Wednesday. "That is why I am announcing my support for an additional $250 in emergency recovery assistance to seniors, veterans, and people with disabilities to help them make it through these difficult times."

As with the first $250 emergency payment, the second one would be exempt from income tax, a senior administration official said in a call with reporters.

If approved by Congress, the payments would be sent out in 2010, most likely in the first half. "It wouldn't be late in 2010," the administration official said. The measure would cost $13 billion over 10 years, according to White House estimates. The $250 is roughly equal to a 2% increase in benefits for the average Social Security beneficiary.

Let's hope President Obama's efforts to help those in need will pay off.