Vermont Personal Injury Lawyer - Miscellaneous

A Big Pay Day for Enron Stockholders' Lawyers

Rob Curtiss — Fri, 11 Jan 2008 21:17:52 GMT

Despite our best efforts to educate the public about the economics of contingent fee law practice, a great many people still believe that lawyer's fees are outrageous. Folks of this ilk will have a field day with the fee being sought by the San Diego law firm that represented the defrauded Enron stockholders. That firm, Coughlin Stoia, Geller, Rudman and Robbins just put in a request a whopping $688 million for its representation of the Enron claimants.

Outrageous, nothing could justify that kind of payday, right? Well, actually the total of the settlements the firm has negotiated for their clients is $7.3 billion. So the proposed fee is only 9.52 percent of the entire settlement. Many contingent fees call for the lawyers to be paid a third of the settlement proceeds. Also, the firm reports it has spent $112 on the case over the six years it's been in litigation. So viewed in its proper light the large fee may well be reasonable enough. Still, a number like $688 million will play into the hands of those who spew anti-lawyer bias. For more on this please visit: www.chron.com/disp/story.mpl/business/5435603.html.

Originally posted at InjuryBoard by Rob Curtiss

Insurance Companies Only Respect a Law Firm That is Prepared to do Battle

Rob Curtiss — Fri, 04 Jan 2008 20:50:19 GMT

Did you ever see the movie "Bravehart?" Early in the film the English and Scots armies are squared off against each other in battle formation. Just when a fight seems inevitable, small negotiating teams from both sides ride out to meet each other. At this tense point, with the hostile armies on the verge of confrontation, the negotiators work out a settlement between the Scots and English kings averting battle.

As odd as it may seem, personal injury claims are often settled through a very similar process. We prepare our clients' cases exactly if we are going to battle it out with the insurance company at trial. At some point before the trial, we sit down directly with representatives of the company and explain precisely what our evidence is and how we intend to present our case to the jury. We also explain the amount of the verdict we believe we will achieve based on our experience.

Now the insurance company is faced with a choice. They can either pay our client a fair settlement or go to battle (actually trial) with us and risk having a much larger verdict rendered against it than the amount of the settlement we are prepared to accept. Faced with this choice, the insurance company usually pays our clients a fair settlement.

Having explained our method, it should be obvious why we recommend that injury victims avoid hiring firms with little or no trial experience. When inexperienced firms sit down with an insurance company, the company has no incentive to pay a fair settlement because it is not afraid of doing battle with these firms in court. The ultimate loser in all this is, of course the injury victim. That is why if you are injured through negligence it is so important that you choose a firm that is ready to do battle for you. It is your best leverage against the insurance company.

Originally posted at InjuryBoard by Rob Curtiss

John Edwards, Taking Heat for Being a Trial Lawyer

Rob Curtiss — Fri, 04 Jan 2008 20:48:06 GMT

Several of the major presidential candidates: Mitt Romney, Barack Obama, Hillary Clinton and Rudy Giuliani to name a few are lawyers by training. Thus far I don't recall any of these individuals have been attacked because they are attorneys. However, another candidate John Edwards has been vilified for some time because of his profession. You see, Edwards is not just a lawyer he is a "trial lawyer." This means that unlike the others his practice has primarily consisted of representing ordinary people against corporations and insurance companies. The fact that Edward's has represented victims against the rich and powerful has made him a natural target of the rich and powerful and their attack machine.

Now this article is not an endorsement of Edwards for president. But as a victims lawyer myself I believe we have a duty to stand up when trial lawyers are attacked simply for being trial lawyers. It should be pointed out one of the fathers of the American Revolution and our second president, John Adams was a trial lawyer. Abraham Lincoln, perhaps our greatest president was one also.

So when the rich and powerful attack trial lawyers for what they do they are really attacking our jury system. This is because all their money and power cannot protect them against a jury bent on doing justice. So their may be any number of good reasons to criticize John Edwards but his former profession is not one of them. For more on the debates see: http://www.wmur.com/politics/14978023/detail.html

Originally posted at InjuryBoard by Rob Curtiss

Remember Our Soldiers and Disabled Veterans During the Holiday Season

Rob Curtiss — Fri, 07 Dec 2007 20:52:52 GMT

During this holiday season it is important to remember our men and women in uniform as well as our disabled veterans. We all realize that the sacrifices they make allow the rest of us to enjoy the Christmas season in safety. In this firm we feel this debt acutely. Our office manager, Shelly, lost a beloved family member who was serving in Iraq. We have also had the pleasure, over the years of representing many veterans in personal injury or medical malpractice cases.

So when you are making out your Christmas cards this year consider including the following:

A Recovering American Soldier
c/o Walter Reed Army Medical Center
6900 Georgia Avenue,NW
Washington,D.C. 20307-5001

This is the least we can do to say thank you. For more on disabled veterans go to the following: http://www.dav.org/

Originally posted at InjuryBoard by Rob Curtiss

Psychological and Emotional Injuries Can Disable Accident Victims From Working

Rob Curtiss — Tue, 20 Nov 2007 21:20:18 GMT

Most of us realize that people who suffer serious physical injuries in accidents often are unable to continue working. In my career as a personal injury lawyer however, I have also represented many people with psychological or emotional injuries that are just as incapacitating. For instance, accident victims who have sustained psychological injuries like posttraumatic stress disorder or other anxiety disorders are often prevented from functioning on the job until they have received substantial professional help.

At our law firm we have been helping victims of emotional and psychological injuries for many years. This experience has helped us to understand that mental injuries can be just as disabling as physical injuries. The following site contains more information about emotional and psychological injuries:

http://www.helpguide.org/mental/emotional_psychological_trauma.htm

Originally posted at InjuryBoard by Rob Curtiss

Giving a Deposition in Your Personal Injury Case

Rob Curtiss — Fri, 02 Nov 2007 21:38:50 GMT

Many people are aware that if they bring a claim for personal injury they will eventually have to give a deposition. This means that the lawyer from the insurance company gets to question them and a court reporter records the questions and answers. The idea of giving a deposition is so intimidating to some people that it makes them shy away from bringing a personal injury claim.

At Van Dorn and Curtiss we prepare you thoroughly for your deposition. We are also by your side during the process, to make sure the insurance company doesn't ask any unfair questions or try to take advantage of you. Often, after the deposition is over my clients will say, "that wasn't nearly as bad as I thought it would be." I'm happy to hear this because it means we are doing our job.

For more on depositions visit: http://en.wikipedia.org/wiki/Deposition_(law)

Originally posted at InjuryBoard by Rob Curtiss

Tragic House Fire Kills 7 College Age Young People

Rob Curtiss — Fri, 02 Nov 2007 21:35:52 GMT

A tragic recent house fire in Ocean Isle, South Carolina took the lives of seven college students. We join everyone in mourning the passing of these young people whose promising lives were just beginning. As attorneys for victims we are also committed to advancing awareness of public safety issues.

Hopefully the already commenced investigation will identify the cause of this tragic fire. When that cause is known we can all work together to reduce the chances of this type of tragedy recurring.

For more on this tragic story visit: http://www.cnn.com/2007/US/10/28/beach.fire/index.html

Originally posted at InjuryBoard by Rob Curtiss

Preventing Hunting Accidents

Ed Van Dorn — Fri, 26 Oct 2007 15:24:44 GMT

Most hunting accidents can be avoided. Hunters moving into the line of fire of other hunters, and mistaking other hunters for game are among the most common causes of hunting accidents. Wearing flourescent orange greatly reduces the risk of accident.

The Vermont Fish & Wildlife Department is urging hunters to include some fluorescent hunter orange clothing with their other essential gear. Statistics prove that hunter's wearing this bright color are far less likely to be injured in a hunting accident.

Chris Saunders is Vermont's Hunter Education Coordinator. He says, "Hunter orange is highly visible to humans, but not to deer. The hunters who wear it are just as likely to be successful, yet nationwide data shows they are seven times less likely to be shot by another hunter." Hunters moving into the line of fire of other hunters, and mistaking other hunters for game are among the most common causes of hunting accidents. The wearing of flourescent orange greatly reduces the chances of these occurances.

Studies show that in the vast majority of accidents caused by hunters mistaking other hunters for game, the victim was not wearing flourescent orange. See The Burlington Free Press for its article on the topic.

As a personal injury law firm serving rural Vermont and New Hampshire we've seen first hand the devastation to life and limb that hunting accidents can cause. We know that the vast majority of these accidents are avoidable when hunters follow the well established hunter safety rules. Please wear the appropriate gear and follow the rules. They are meant for all of us. Happy and safe hunting.

Originally posted at InjuryBoard by Ed Van Dorn

Congratulations To The Boston Red Sox.

Rob Curtiss — Thu, 25 Oct 2007 19:58:08 GMT

Although it has nothing to do with the business of representing personal injury victims, our firm wishes to applaud the achievements of the Boston Red Sox. Remember that three years ago, the Red Sox had not won a world championship within almost anybody's memory (unless that anybody was in their nineties). Now, they are in a good position to win their second World Series in four years.

The lesson that we who represent personal injury victims can take away from the Sox's success is that effort really does pay off. We try to go the extra mile for all our clients and we treat every trial as if it was the World Series of legal disputes.

Originally posted at InjuryBoard by Rob Curtiss

Sexual Harassment Victims Can Fight Back in Court

Rob Curtiss — Fri, 05 Oct 2007 22:01:27 GMT

Recently, a federal jury awarded a former New York Knicks female executive $11.6 million in damages in her sexual harassment lawsuit. The jury found that Madison Square Garden had both subjected the women to a hostile work environment and retaliated against her when she complained.

I have represented several victims of sexual harassment over the years. These victims are always nervous at the beginning of the proceedings because the people or companies they are taking on are richer and more powerful than they are. I have also seen however, that women who stand up for themselves in these cases are often glad that they did. It takes guts to fight injustice but sometimes it's necessary. For more information on this verdict go to the following:

http://sports.espn.go.com/nba/news/story?id=3046010

Originally posted at InjuryBoard by Rob Curtiss