Personal Injury

Not All Trial Lawyers Are Liberals

Why do liberals seem to believe that they have a corner on the market of true concern for the least of our society? It constantly amazes me that the majority of my fellow trial lawyers voice astonishment that an attorney like myself (politically, socially and religiously conservative) could desire to be an advocate for the little guy instead of defending insurance companies and other big business types. When did it become taken for granted that to believe in the principal of equal justice for all, you must be a left-leaning, social liberal, loyal to the Democrat party?

And what’s even worse is how many conservative organizations call out for tort reform and ignorantly demonize all trial lawyers.

Let me introduce you to the Center for a Just Society. Its mission is “to advance and defend Judeo-Christian principles of human dignity and social justice in law, policy and the public square.”

This conservative organization believes in our civil justice system including the right to jury trial. Let me share with you what the Center for a Just Society says about our present tort law system:

The tort system affirms basic human dignity and the sanctity of human life.

By requiring a wrongdoer to compensate an injured person for the damage caused by a wrongful act, we affirm the worth, value, and dignity of every member of society. We demonstrate that we take human dignity seriously when, as a society, we guard against encroachments (deliberate or unintentional) by anyone on the dignity or humanity of another. No wrongdoer should be permitted to injure or kill another person with impunity. To hold otherwise undermines society’s view of the importance of human dignity and the sanctity of human life.

The tort system promotes responsibility by holding wrongdoers accountable for their actions.

Personal accountability is the key to responsible human behavior. We cannot expect people to act in a responsible manner unless we hold them accountable for the consequences of their actions. If we remove accountability for wrongdoing, we encourage people to engage in irresponsible and antisocial behavior. The people who will suffer the most from such behavior will be the weakest and most vulnerable members of our society (i.e., the elderly, the handicapped, and the infirm).

The tort system promotes local control.

Through the jury system, people at the local level decide what is reasonable behavior within their own communities. Ordinary citizens, applying a common sense standard of reasonable care, making decisions about acceptable and unacceptable conduct within their community—that is the essence of local government. And, as a result of those decisions, suppliers of goods and services within the marketplace will often modify their own behaviors (i.e., improve health care standards, place guards on dangerous products, protect against discharge of toxic pollutants) without the necessity of yet another costly and intrusive governmental bureaucracy.

The tort system provides for just compensation from wrongdoers and relieves the rest of society of unfair burdens.

Fundamental fairness dictates that one who suffers a loss at the hands of a wrongdoer be compensated for the wrong he has suffered. If our system of justice fails to provide just compensation, the victim, or his family, will be inclined to seek personal revenge or retribution. This promotes a spirit of vigilantism and contributes further to the breakdown of social order. Additionally, if the wrongdoer is not required to bear the loss occasioned by his wrongdoing (i.e. medical bills, lost wages, etc.) those losses will have to be borne by the rest of society. When society has to pick up the tab for the losses caused by a wrongdoer, the result is the involuntary redistribution of wealth among persons who are innocent of any wrongdoing. This is just another form of “welfare” which rewards irresponsible behavior and punishes innocent parties.

It should be apparent from the foregoing that the tort system has played an important and historic role in the ordering of civil society by providing all citizens, both weak and strong, the ability to seek justice. That does not mean that the system can’t be improved. But to the extent that reforms of the system occur, we should take care to ensure that they are, in fact, improvements. Not all change equates with progress. To quote the Hippocratic oath, we must ensure that we first do no harm.

What can I do to prevent becoming infected with E. coli?

You can help prevent this infection by handling and cooking meat in a safe way. For your protection, follow these rules:
  • Wash your hands carefully with soap before you start cooking.
  • Cook ground beef until you see no pink anywhere.
  • Don’t taste small bites of raw ground beef while you’re cooking.
  • Don’t put cooked hamburgers on a plate that had raw ground beef on it before.
  • Cook all hamburgers to at least 155°F. A meat thermometer can help you test your hamburgers.
  • Defrost meats in the refrigerator or the microwave. Don’t let meat sit on the counter to defrost.
  • Keep raw meat and poultry separate from other foods. Use hot water and soap to wash cutting boards and dishes if raw meat and poultry have touched them.
  • Don’t drink raw milk.
  • Keep food refrigerated or frozen.
  • Keep hot food hot and cold food cold.
  • Refrigerate leftovers right away or throw them away.
  • People with diarrhea should wash their hands carefully and often, using hot water and soap, and washing for at least 30 seconds. People who work in day care centers and homes for the elderly should wash their hands often, too.
  • In restaurants, always order hamburgers that are cooked well done so that no pink shows.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

How is an E. coli infection confirmed?

The diagnosis is made by finding E. coli in a stool culture. If you have bloody diarrhea, see your doctor as soon as possible. Your doctor will do a culture to find out if you have E. coli in your intestines. The culture has to be taken in the first 48 hours after the bloody diarrhea starts.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

What are common complications from an E. coli infection?

The most common complication is called hemolytic uremic syndrome. People with this problem get hemolytic anemia (which is a low red blood cell count), thrombocytopenia (which is a low platelet count) and renal failure (which is kidney damage).

Hemolytic uremic syndrome is more common in children. It can cause acute renal failure in children. This problem starts about 5 to 10 days after the diarrhea starts. People with this problem must go to a hospital for medical care.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

What are the symptoms of E. coli infection?

Symptoms start about 7 days after you are infected with the germ. The first sign is severe abdominal cramps that start suddenly. After a few hours, watery diarrhea starts. The diarrhea causes your body to lose fluids and electrolytes (dehydration). This makes you feel sick and tired. The watery diarrhea lasts for about a day. Then the diarrhea changes to bright red bloody stools. The infection makes sores in your intestines, so the stools become bloody. Bloody diarrhea lasts for 2 to 5 days. You might have 10 or more bowel movements a day. Some people say their stools are “all blood and no stool.”

You may have a mild fever or no fever. You may also have nausea or vomiting. If you have any of these symptoms — watery, bloody diarrhea, cramps, fever, nausea or vomiting — try to get to your doctor right away.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

How can I become infected with E. coli?

Most E. coli infections come from:
  • Eating undercooked ground beef (the inside is pink)
  • Drinking contaminated (impure) water
  • Drinking unpasteurized (raw) milk
  • Working with cattle

Healthy beef and dairy cattle may carry the E. coli germ in their intestines. The meat can get contaminated with the germ during the slaughtering process. When beef is ground up, the E. coli germs get mixed throughout the meat.

The most common way to get this infection is by eating contaminated food. You can be infected with the E. coli germ if you don’t use a high temperature to cook your beef, or if you don’t cook it long enough. When you eat undercooked beef, the germs go into your stomach and intestines.

The germ can also be passed from person to person in day care centers and nursing homes. If you have this infection and don’t wash your hands well with soap after going to the bathroom, you can give the germ to other people when you touch things, especially food.

People who are infected with E. coli are very contagious. Children shouldn’t go to a day care center until they have 2 negative stool cultures (proof that the infection is gone). Older people in nursing homes should stay in bed until 2 stool cultures are negative.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

What is E. coli?

E. coli is short for Escherichia coli — a bacteria (germ) that causes severe cramps and diarrhea. E. coli is a leading cause of bloody diarrhea. The symptoms are worse in children and older people, and especially in people who have another illness.

If you or a loved one has been injured due to food poisoning, contact me today for a free consultation. I will use my experience, knowledge and resources to achieve the best possible results for you and your family.

Source: FamilyDoctor.org.

Oklahoma E. coli Outbreak May Be Linked to Locust Grove Restaurant

I grew up in the small town of Locust Grove where my parents owned a old-fashioned variety store known as Nunley Sundries which was located next to the bank on Main Street. Nowadays when I find myself back in Locust Grove, I enjoy eating at the Country Cottage restaurant, known far and wide for delicious down-home cooking. Believe it or not,  people drive from all over Oklahoma, western Arkansas, southwestern Missouri and southern Kansas to regularly eat at the Country Cottage.

This morning I awoke to news reports of an E. coli outbreak that may be linked to the Country Cottage. 26 year-old Chad Ingle of Pryor died Sunday at Saint Francis Hospital in Tulsa. While lab tests results are not yet available, doctors are indicating that E. coli is the likely cause of Mr. Ingle’s death.

Oklahoma health officials have confirmed that over two dozen others are suffering from illnesses possibly related to E. coli. Those who have become ill live in Bixby, Pryor, Sand Springs, Locust Grove, Broken Arrow, Peggs, Tulsa and McAlester.

The owners of the Country Cottage are working closely with the Oklahoma State Department of Health to assist in the investigation. The restaurant will be closed tomorrow as the investigation continues.

For more on this story, read this Tulsa World article.

What are contingency attorney fees?

The contingency fee system is the “key to the courtroom” for regular folks who have been injured through the intentional or negligent acts of another.

Contingency attorney fees are when an attorney does not require a client to pay money up front to hire the attorney. The attorney will receive his compensation from any funds received by way of either settlement negotiations or jury award. If the lawsuit is unsuccessful and the client receives no compensation, then the attorney also receives no compensation for his time and effort. Generally, the client is not even responsible for reimbursing the attorney for the costs incurred by the attorney in representing the client.

It costs a lot of money to prepare, file and prosecute a personal injury law suit. And the fact of the matter is that the majority of Oklahomans don’t have the financial resources necessary to hire an attorney who would charge a large retainer and then bill by the hour for legal services. Without contingency fees, most people would be effectively shut-out of the courthouse.

Additionally, since the attorney bears all of the financial risk if a contingency fee lawsuit is unsuccessful, the attorney has an incentive to only represent clients who have valid, meritorious claims.

Insurance Companies Don’t Play Fair

Here’s a video regarding how insurance companies don’t play fair. Insurance companies like to change the rules regarding their insurance policies whenever necessary to gain or maintain an advantage in their relationship with their own insured or a third-party claimant.