June 27, 2008 by Zale.

There are some medical malpractice (med mal) claims and lawsuits that are simply junk litigation. However, every now and then a doctor reminds you that there are still legitimate claims out there too.

Take for example, mine and my wife’s previous doctor. He misdiagnosed me as having a medical condition that I do not have and has treated my wife very poorly. He focused on services he wanted to sell (his “cash cows”) and not the issues that either my wife or I had. Fortunately, he decided to discharge us as patients after we complained about his service, bed side manner and told him that we would not return (wait, I think we actually discharged him first).

So the next time you hear something about “Tort Reform” or have to sit on a jury for a medical malpractice lawsuit, just remember that our founding fathers got our system of deciding justice right, when they established the jury system.  There is simply no reason medical providers, especially the “quacks”, should be beyond the reach of a jury composed of common, everyday people.

Posted in Litigation, Injury Law, General Law | No Comments »

June 27, 2008 by Zale.

In regards to a claim for property damage, a total loss is when the item is simply not worth repairing.  Normally, this occurs when the value of the repair is roughly 70% of the value of the item.  So, if your car is worth $10K and the repairs are $7K or more, then the vehicle is a total loss.

So what’s this mean? This means that now the defendant or insurance company owes you the fair market value of the property (usually an automobile).  There are different ways of calculating this value.  Most people think their vehicles are worth more than what they are truly worth.  Be honest with yourself when thinking about the value of your vehicle.  Those cigarette burns on the seats may not seem  like much to you, but they certainly are a big deal to anyone else looking at your vehicle.

Now, there’s one other point that I want to make here. ” Total loss” does not always mean “Take your vehicle”.  Even if your vehicle is a total loss, it’s still your property, so if you want to keep your vehicle, just tell the defendant or the insurance company that you wish to keep your vehicle.  They cannot take your vehicle just because they want to.  This is not a “forced sale”. What they do is once they have calculated the fair market value of your vehicle, they then subtract what the salvage is worth and there is your value.  So, if your vehicle was worth $10K and they could get $2K at auction for the salvage, then you get $8K and keep your vehicle.  Just make sure that your vehicle is not sitting at some wrecker yard, racking up storage charges.

Posted in Insurance Practices, Insurance Law | No Comments »

June 27, 2008 by Zale.

If you have previous criminal convictions, make sure and tell your attorney about them.

I’ve had several clients who have tried to conceal their previous convictions and pleas from me.  You might think that makes you more believable in the eyes of your attorney, but when your attorney is trying to negotiate your case with the prosecutor, it does not help when the prosecutor reveals that you’ve had a lot of experience in the legal system already.  It hurts your credibility as a defendant and some of those previous convictions may be used against you in this case.

Do yourself a favor, be honest to your attorney.

Posted in Criminal Law | No Comments »

June 27, 2008 by Zale.

While I was in court this week, listening to other cases, I overheard the judge ask a defendant if he had driven to court that  morning.  The defendant was having a hearing for Driving on a Suspended License.  It occurred to me why the judge asked that.  He asked that because people are so used to having the freedom to drive that they will even drive to court for a hearing regarding their getting caught driving on a suspended license.

The moral of this story?  Think before you go to court.  If you are going to court because your license was suspended or because you were previously caught driving on a suspended license,  exercise some common sense and have someone else drive you there.

Posted in Criminal Law | 1 Comment »

June 27, 2008 by Zale.

If you haven’t heard by now, the US Supreme Court heard a case involving the Second Amendment and the right to bear arms.  Personally, I’m very relieved by this decision.  Constitutional law “scholars” have been questioning this right for a while.  Those scholars have speculated whether or not the right is solely for a militia or even recreational hunting.  I think Justice Scalia did a great job with the opinion.

 The fact that we have four disagreeing Justices who want to read something into  the Second Amendment that is simply not there is scary.  We cannot let liberal principles, such as reinterpreting the Constitution to fit today’s moral and political climate, take over this country.  If we do, then the great country that our forefathers fought and died for will cease to exist.

Not only do we have to give special thanks to the five Justices  who can read the actual words in the Second Amendment and understand what they mean, without conjuring up some mystical alternative meaning, but we also need to give thanks to George W. Bush.  He had the wisdom to appoint Justices who can read the Constitution and the Bill of Rights for what it is and not for what they want it to be.  If this case had been decided a few years ago, it may have been very different.

Posted in General Law | No Comments »