Everyone has heard about “The McDonald’s Hot Coffee Law Suit”. This was the 1994 product liability lawsuit that became a mantra in the debate in the U.S. over tort reform.   The way this case has been portrayed has given the civil justice system a bad image. You have heard it as the elderly lady that spilled coffee and became rich.  Many people are misinformed and are not aware of the real facts of this case, unless you know a personal injury attorney.

On February 27, 1992, seventy-nine year old Stella Liebeck was in the passenger seat of her grandson’s Ford Probe when she ordered a 49 cent cup of coffee at the drive through of a McDonald’s in Albuquerque, New Mexico.  Shortly thereafter, she spilled the coffee in her lap and sustained a series of very serious painful burns.  A jury awarded $160,000 to cover medical expenses and compensatory damages in addition to $2.7 million in punitive damages to Liebeck.  But her story has been grossly manipulated over the years to make her appear as someone who just wanted to get rich from her own mistake.  Well now you can get the real story and see how the American public has had the wool passed over their eyes by the insurance industry.

I watched the HBO documentary film titled “Hot Coffee” last night.  It actually told the truth and pulled back the veil of misconceptions of this case. The film shows the American public the true value of our civil justice system and how justice was served for Mrs. Liebeck.  The film touches on such common misunderstandings about this case

• Ms. Liebeck’s burn severity (look at the burns and your stomach will turn)
• Her supposed desire to get rich from her injury (she originally only asked McDonald’s to pay her medical expenses and lost wages, they didn’t).
• The fact that she was a passenger
• That McDonald’s required coffee to be served at 180º – 190º.

The film also discussed in great dept how Liebeck v. McDonald’s Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts.  McDonald’s, the insurance industry, and the United States Chamber of Commerce (which isn’t a government agency, its members consists of large corporations) have distorted the facts of Liebeck’s case to the point that what the public believes is nowhere close to the actual facts.

Watch the film and like many Americans your opinions will change. The truth about the case has opened up American minds Justice should prevail and no one should take our rights away.  Many stated that the claim was “a meaningful and worthy lawsuit” after watching this documentary.

When you watch this film you will hear from jurors on the case and you will know why the jury gave the verdict they did.  You will know why the American Justice system is the best and greatest system in the world!  Justice prevails and did here.  Our jury trial system is one of America’s most valuable assets.  It allows anyone to go to court and be on a level playing field with even the biggest corporations.  It takes courage to go to court and seek justice.  I am honored to be a part of this great system in this great country.

Facebook is everywhere. I am on it.  My kids are on it.  Even my mother-in-law is on Facebook. Millions of people are using it every day. It is a social networking site that can be useful, addictive and an important source of information. Facebook is a tool utilized by employers, investigators, police officers, lawyers and even by insurers to do background checks.

Through Facebook lawyers have found evidence for cases of fraud, police have caught criminals, and insurance adjusters have collected information that would lower the value of insurance claims. Insurance companies are now monitoring social media sites. This may take money from accident victim’s pockets. Check out this news story from Seattle that shows how posting on Facebook can lead to lowering the value of your personal injury damage claim or delay you receiving medical treatment for your injury.

I can tell you that this guy wasn’t smart about it but in my opinion the insurance company over reacted. Kurt Norland posted pictures of himself drinking a beer and hanging out at the beach while he was collecting worker’s compensation benefits. Based on the pictures his benefits were cut off and a shoulder surgery postponed. This was done by the insurance company even though an MRI showed a rotator cuff tear. Did Norland deserve this treatment from the insurance company? Probably not, but he put himself in this situation by not monitoring his Facebook account and making his posts private. Never post anything on Facebook or any social media site that in any way could lower the value of your personal injury claim. His case was eventually won by his attorney, but I am sure the delays and the fact that no benefits were being paid was frustrating.

Another person posted a video of him pulling kids on an ATV while collecting disability. A lady was tagged in photos showing her taking helicopter flying lessons while she claimed to be severely injured. If they weren’t hurt this may be insurance fraud, but what were they thinking? These posts have destroyed their claims at the very least.

As a Facebook, Twitter & LinkedIn one must control the privacy settings. As a personal injury attorney I suggest you mke sure that your profile, photos, videos and posts are only visible to your friends and not to everyone else. It is also important to choose your friends well. You might approve someone you don’t know whose job is to investigate you through your Facebook account. In some cases even the apparently irrelevant is twisted to make you look uninjured or to be lying about your injury. Insurance companies might find something that could ruin your insurance claim and cave you to receive less then what you deserve or nothing. The bottom line is, check what you post and be in control of your privacy settings.

There are many insurance companies we can choose from.  We all see their commercials everyday that concentrate on trust for example, “You’re in good hands” or “Like a Good Neighbor”.  Insurance Companies make money by collecting premiums from us, the consumer.  Do you know what tactics insurance companies use that will increase their profits?  What do they not want you to know?  How do they get the most money possible from you and keep it.  Here is a list of the insurance industries’ 10 dirty little secrets:

1. Ratings are used but consumers are not allowed to see them

ISO, a New Jersey-based company, provides information to car insurance companies about the likelihood of certain models of cars being involved in accidents and how severe those accidents will be. A company press release states that its’ rating plan leads to surcharges of up to 25% for some cars.  For other cars there are discounts of up to 20% against the insurance rates.  This service looks at nearly 300 makes and models of vehicle.

This information would be useful to consumers to use when buying a car whether a safer car or to keep car insurance rates down.  Unfortunately, these ratings are not available to the public.  How easy would it be to put these statutes on a new or used car sticker?  I would love to see them the next time I buy a car.

2. FICO risk scores are used but cannot be seen

An insurance risk score developed by FICO is used by insurance companies to help determine what to charge consumers for auto insurance. You can get a copy of your FICO credit report you cannot get or see but the insurance risk score.  I didn’t know I was charged based on my credit history!  Even worse the insurance companies own interpretation of my credit history.

3. Proprietary software might be used to shortchange you

Information about your injury after a car accident can be fed into a computer program called Colossus, TEACH or SMART.  These programs are used to generate settlement offers for bodily injury claims from motor vehicle accidents. The Consumer Federation of America warns that chances are better than average that this software is rigged to keep offers low.  In other words, as others contend, the software is “tuned” to lowball injury claims.  As a Kentucky personal injury attorney I have reviewed documents that show that settlement dollars paid have decreased substantially since insurance companies began using computer programs to put values on injury claims.

4. They know if your attorney is a wimp

Insurers have better sources of information on this topic. In evaluating the value of bodily injury claims, Colossus evaluates the attorney who’s representing you. Defense attorney says that insurance companies want to find out if your attorney is likely to roll over for an inferior settlement offer – or has the backbone for a courtroom fight.  Your attorney makes a difference.

5. Insurers sneak percentage-based deductibles into your police

According to the Lawyers.com website, a renewal contract could have a $1,000 deductible for fire losses include or up to a 25% deductible for hurricane damage in some high-risk areas. That 25% can translate into significant dollars out of your pocket and significant savings for the insurance company.

Percentage deductibles may be necessary to provide coverage to storm-prone areas but homeowners must review on the insured value of their property whenever they make improvements.  Look at your renewal policy to make sure there have been no changes.

6. Pottery Barn items might be replaced with Wal-Mart

Insurance company adjusters often dispute the value of furniture, jewelry and other items lost in a flood or fire. They might offer discount-merchandise prices or the current value rather than the true replacement cost. Insurance companies might also try to wear you down with lowball offers by switching adjusters and forcing you to start the process over again.  Keep all your receipts so you can prove where you bought an item and the real value of it.

7. They make hospitals charge smaller insurers more

If you’re not a Blue Cross customer, you may end up paying more in premiums.  This is because your insurance company did not negotiate a deal with a hospital or doctor before Blue Cross did.  Officials say that in some cases, Blue Cross required hospitals to charge other insurers as much as 30% to 40% more than they charge Blue Cross.  Ask what the negotiation prices are when shopping for insurance.

8. They force you to buy a more expensive homeowner’s policy

In some cases, the deck is stacked against a consumer who seeks affordable insurance. Homeowners who fall behind in their home insurance payments are penalized. Mortgage lenders may obtain another insurance policy and bill you for it under your mortgage agreement.  Then you are stuck with force-placed insurance.

9. ‘Preferred providers’ may cut costs without telling you

Insurance companies may refer you to ‘preferred providers’ for remodeling work when your home is damaged. These providers are usually contractors who have an ongoing business relationship with the insurer.

In cases like this, the insurance company gives you a check based on the estimate the insurance company gives you.  They want you to take the claim money the insurance adjuster sets aside for repair and hire your own licensed contractor and to be in control over the process.  Sometimes you can’t get the work done for this amount.

10. They do not contact your beneficiaries when you die

Insurers use a Social Security file called “Death Master” to cancel a life insurance annuity when a policyholder dies which will benefit the insurer. Millions of dollars remain unclaimed since insurance companies did not contact beneficiaries of the policies after the death of the insured member because the policy was cancelled.

This is alarming, isn’t it?  Insurance companies create the perception that they will do anything to please the consumer. They allow customers to pay more while smiling and knowing they have hidden agenda that will benefit the company’s personal interest and pocket book.  Be informed on the process.  Ask the right questions so you can get the insurance coverage you need to protect your family, and a good value.

Northern Kentucky Motorists were warned to watch for zombies along the I-71 and I- 75 corridor earlier this week. The electronic road sign near Kentucky 18 about upcoming road work was changed on Thursday morning from “Nightly lane closures, road work ahead” to “Nightly lane closures, zombies ahead.” This happened after the pranksters hacked the sign and switched the message.

Nancy Wood, Kentucky Transportation Cabinet spokeswoman said that the Transportation Cabinet found out about the message Thursday mid-morning and turned it off until the sign will be fixed. According to Wood, officials were not amused by the prank. The gag was hardly original. Incidents like this happened in 2009 in Florida, Pennsylvania, Maryland, Illinois and Texas. Someone posted a zombie warning on a highway sign in South Carolina last March.

A lot of people have different reactions on this report. Others find it hilarious and appreciated the Pranksters for they made motorists slow down on the road looking on the sign. Others say that officials must not let this thing happen again. I chuckled when I first saw the story. It was kind of funny until I thought of the horrible accident this could have caused. One extra second looking away from the road to read the sign that required that extra look could have been enough to cause a fatal accident. No one should joke around when it comes to safety on Kentucky highways!

Distracted driving is any non-driving activity a person engages in that has the potential to distract a driver from the primary task of driving that increases the risk of having a car accident.  Evidence shows that cell phone use is one of the most dangerous distractions for drivers and a common cause of car collisions.

According to the National Highway Traffic Safety Administration distracted driving kills approximately 5,500 people annually. Nearly 1 in 4 of these fatal accidents involves cell phone use.  Are you alarmed about this? I know it *%#*& me off!

Thankfully there are organizations, such as FocusDriven, that are active in reminding us that no phone call or text message is worth a life.  FocusDriven is a nonprofit advocacy organization for distracted driving victims, including the use of cell phones.  A newly redesigned FocusDriven website (www.focusdriven.org/summit) was launched to increase awareness about the dangers of cell phone use while driving.  The website was announced at the Illinois Distracted Driving Summit in Addison, Illinois. The summit was hosted by FocusDriven and the National Safety Council in partnership with Shriners Hospital for Children-Chicago. 

The site has a summit resource guide that includes video clips, presentations and other resources.  It also includes a searchable database of victims where photos and messages from friends and family members can be shared via a memorial wall.  Unfortunately the victims of distracted driving are increasing.  This is just one important way bring awareness to and hopefully decrease the number of fatal car accidents caused by distracted driving. 

Janet Froetscher, president and CEO of the National Safety Council said, “The National Safety Council supports FocusDriven in the fight to end cell phone use on our roadways, both in Illinois and nationwide.”  She added that they are helping FocusDriven form resources that others can use to compel change in their states through the summit.

In my own personal view, an effective summit against distracted driving should also be brought in the state of Kentucky.  Many lives here in Kentucky are lost due to distracted driving.  Our current law does not appear to be working, although four months may not be long enough to see. All I know is when I drive to and from the office I see:

• Cars swerving from lane to lane
• Cars driving slow in the fast lane
• Cars stopped at green lights
• Cars almost rear ending cars

Guess what. Almost always I see the driver on the cell phone. This is against the law, yet people still do it. It is a proven fact that texting while driving is more dangerous the drunk driving, yet people still do it. As a Kentucky personal injury attorney, I see serious car accidents caused by distracted driver more than ever. PLEASE, let’s follow the lead of FocusDriven and get the word out that distracted driving is dangerous.

Driving is not easy.  You should be alert, focused and watchful because anything can happen along the road that could cause a Kentucky car accident.  Due to negligent drivers, any kind of distractions and natural occurrences accidents happen. Animals can be a factor that causes car wrecks in Kentucky.

As a personal injury attorney I often get calls from someone who has hit a deer and damaged their car and sometimes suffered injuries. They want to know what can be done. You own car insurance will pay for the damage to your car if you have collision coverage. If you are injured your medical bills will be paid by your car insurance under your PIP benefits. What about your pain and suffering? Well you can’t sue the deer.

Often hitting an animal is just an unfortunate accident. There is no negligent or at-fault party that can give you compensation for your injuries. You should, however, always contact a Kentucky personal injury attorney to have your fact situation reviewed. Under some circumstances there may be someone that you can receive compensation from. One fact situation I can think of is when a driver hits a deer and over reacts and goes into the path of another car causing a car accident. If someone in the other car is injured they may be able to collect from the car that hit the animal.

I read an interesting blog last month that listed other animals that contribute to road accidents that cause serious injuries and even fatal deaths. Check out http://www.satellitedish.org/blog/2011/top-10-animals-that-cause-car-wrecks/

They list deer as the number one cause of accidents. Here is their Top 10 list of animals that cause car wrecks:

1. Deer
2. Wild Turkey
3. Squirrels
4. Ducks.
5. Dogs
6. Cats
7. Birds
8. Raccoons
9. Bunnies
10. Opossum

For more information on these animals go to http://www.satellitedish.org/blog/2011/top-10-animals-that-cause-car-wrecks/. As a personal injury attorney I suggest you be alert and careful, especially at night. If you do come across an animal in the road don’t try to avoid it. It is usually best to hit it head on. This allows you to keep control of your car. Hopefully you will not have to call a personal injury attorney and ask the question: “What can I do, I just hit an animal and I am hurt?”

Automobile fatalities rate increase each year, especially among young drivers in Kentucky. As a parent of a 17 and 22 year old daughters this concerns me. I have seen many gadgets and programs that are available to educate or prevent serious injury and fatal accidents among student drivers. Parents and teenagers should take a look at this newly launched smartphone application by WirelessESP that keeps young drivers, or anyone for that matter that is addicted to texting while driving, safe on the road called the “Speedbump”.
Speedbump is a GPS vehicle tracking device invented by a teen named Jon Fischer and ensures teen driving safety which respects their privacy and independence. It’s the world’s first mobile application that allows parents and teen drivers to talk and encourage safe driving habits. The application can be used to set and detect realistic speed limits on any type of road whether it is residential, secondary or highways. It monitors and issues instant alert to parents not only when the teen is driving but also when they are a passenger in an unsafe driving situation.
Another positive factor of this application is that it protects teen privacy. This can be huge when trying to convince your children that this is a good and valuable resource. Speedbump only sends reports when there is a violation of the speeding, distracted driving or curfew rules that have been agreed upon. So, if your teen is driving safely, Speedbump never reports their location.
Speedbump is available for Android phones and will be offered for other platforms in the future. The application can be downloaded from the company’s website (www.speedbumpGPS.com) with price starting at just $9.99 per month.

For Kentucky parents who worry with their teen driving or even just riding a car, Speedbump is a valuable solution. It will help erase your worries and give you peace of mind. Most importantly it will help you monitor and ensure that your young drivers are obeying the rules you have in place while they are driving or riding in a car. Act now and encourage safer driving! As a personal injury attorney I hope this device may help make your children safer drivers, give you peace of mind as a parent and a help to prevent a serious car accident.

Louisville is the largest city in the U.S. Commonwealth of Kentucky.  The streets are filled heavily with automobiles, cars, bikes, trucks and buses.  Tragically, accidents happen every day that result in serious injuries or even death. If you are injured in an accident in Kentucky you will require the assistance of an experienced Kentucky personal injury attorney.

You should always consult with an attorney if you are injured so you know what your rights are and the law that applies to your personal injury accident case. The question is “How do you find and hire a good and reliable attorney?”  Here are some suggestions to help you in your search for a competent Louisville injury attorney that will fight for you. 

• Do Your Research.  The Louisville and Kentucky Bar Associations are some of the best and most reliable places to get information regarding attorneys for personal injury cases.  Every city has its own bar association. Check and make sure that there are no complaints filed against any attorney you are about to interview.
• Perform an Internet Search. Every lawyer has information you can find by doing a google search. See what information is out there. Read their articles. Watch their videos. This will help you pick an attorney that is right for you and your case.
• Make a list.  Narrow your search down to 2 or 3 of the best attorneys for your case. Set up meetings with your prospective attorneys. Ask them questions and see which one is the right fit for you. Consult a couple or more lawyers before you decide on hiring any one of them. 
• Discuss and ask questions about your case.  It is advisable to hire a lawyer you feel comfortable with whom you choose to defend your rights since personal injury litigation can be a long drawn process.  He should be somebody you have no hesitations to talk to and can be available and reachable at any time.  

An attorney should be committed and dedicated to your accident case whether it is a complicated fatal accident case or a relatively simple car accident. Find a personal injury attorney that will keep you updated on the development of your case. A terrific resource to help you in your journey of choosing a lawyer is a book called “Hiring a Great Lawyer” by my good friend Mischelle Davis. Pick up a copy at www.hiringagreatlawyer.com.com. Get all the information you can and you will increase the chances of a successful outcome to your Kentucky personal injury case.

In a slowing economy, not everyone behind the wheel has an auto insurance. In fact, the rate of uninsured drivers in United Stated has shot up to nearly one in five. Insurance Industry Analysts have recently revealed correlation between the slowing economy and insurance rates of recent years. Unemployment rate increases coincide to the increase in uninsured motorists. Based on data from Insurance Research Council, every percentage point increase in unemployment rates, results in of 0.75 percent increase in the rate of uninsured drivers. 

What if you are driving and you are involved in an accident with a driver with no liability coverage? As a responsible driver and vehicle owner, the best solution is to buy Uninsured/Underinsured Motorist Coverage. Under the Kentucky law, all drivers are required to have automobile liability insurance coverage. This is supposed to protect drivers from harm and expenses that are caused by automobile accidents. Kentucky drivers are required by law to carry a minimum of $25,000 of bodily injury coverage with a maximum of $50,000 per accident and a minimum of $10,000 in property damage liability coverage for every owned vehicle. As a personal injury attorney I suggest much more. You will be surmised at how little the additional coverage will cost you. 

The continuous economic downswing affects many families in Kentucky. Some families would rather save their money and use it for their basic needs rather than having an automobile liability. This may save their money but I think it is not a good choice because it may cost you more in the long run. 

To find out how you can protect your family in the event of a serious automobile accident get a complimentary copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You”.

What is a Tort Reform?  First, let’s tackle the meaning of a tort.  A tort is a “civil crime”; an act that is illegal, but is not criminal.  Perhaps the most common type of a tort is an auto accident and medical malpractice suits. 

When it comes to tort reform, it refers to proposed changes in the civil justice system that would reduce tort litigation or damages.  It is an effort to reform lawsuits so as to prevent “runaway verdicts”.  This tort reform advocates focus on personal injury in particular.  This will destroy our justice system and the right to a jury trial. Limiting jury awards will allow corporations to put defective products into the stream of commerce. They can make a decision based on dollars. If big corporations can only loose $250,000.00 for a death their product causes, they may produce the product anyway. This is because they will make a much higher profit. They will not be held responsible for the death and injuries they cause.

Tort reform is a group of ideas and laws designed to change the way our civil justice system works.  We now have the greatest system in the world. It does not need changed. Though each tort reform law differs, there are goals they share in common such as:

• To limit the conditions under which injured victims may file a lawsuit
• To make it more difficult for injured people to obtain a jury trial
• To set limits on the amount of money injured people may be awarded in a lawsuit.

Former U.S. Senator, republican presidential candidate and attorney Fred Thompson, spoke out against an approach wherein Tennessee juries can award only so much compensation in certain types of cases against certain types of defendants- regardless of the facts of the case.  He promotes individual responsibility and accountability for damages caused.  Government should have equal justice with no special rules for anybody.  And that justice is rendered in a particular case after all hearing the facts, under guidance of unprejudiced judge and limited by the restraints of the appellate courts and not with some tort reform laws imposed by the government.

As a Kentucky personal injury attorney, I am against with tort reform.  Tort reform takes away the rights of the victim. Those injured will not be fairly compensated for injuries they sustain in car accidents, injuries from products or medical malpractice.