Lex Talk!

Bent out of Shape by a Fender Bender

Webmaster — Wed, 05 Aug 2009 18:14:56 +0000

It is common knowledge that a driver or passenger of a vehicle that is rear-ended can sustain injuries, such as whiplash, neck pain, or back pain. However the damage to the vehicle may be slight especially depending on what types of vehicles were involved in the crash. Any low impact crash can yield serious injuries without substantial damage to the car. However, the insurance companies do not want you to know that and unless you have been in a low impact crash yourself, you too may think that if the car wasn’t badly damaged, how could its passengers and driver? Simple. You wouldn’t want to put your hand or your head in between two cars in a low impact crash. Would you? The cars may not sustain much damage but your hand or head certainly would.

CNN has done a report on such low impact claims. Their article Auto insurers play hardball in minor-crash claims, reports that insurance companies have a strategy to deny, delay and defend a claim.

Their objective is to make it so expensive to recover from an accident that lawyers will refuse to take low impact cases. It is noteworthy that in the age of “Tort Reform”, none of the money saving strategies of the insurance companies have impacted premiums. It would be reasonable to think that if the insurance companies are not paying out on claims then their insureds would not have to pay as much in premiums, but that is not the case. The insurance companies want you to believe that they pass the savings along to you, while they pocket the extra money.

Interestingly enough, there has been an influx of automobile insurance advertisements on television. These ads promote one of two things, either a) you will get the cheapest deal - and they failt to mention that you get what you pay for and b) their company will take care of you. They even have testimonials from people about how their company helped them. The average person will fail to notice that most of these testimonials are about car repairs, car rentals, and property damage claims. If you have been injured in an accident, and need to make a bodily injury claim and don’t have a good attorney on your side, GOOD LUCK!

Did you know that if you only buy the minimum policy required by the state in which you live (in Massachusetts it is a 20/40 policy which is $20,000 per person, $40,000 per accident) and you cause an accident where the injuries of the person you hit far exceeds your policy limits then you are personally liable for the excess? Best case scenario, don’t get into an accident. Worse case scenario, make sure you have adequate insurance in the event of a serious accident. Ask for a 100/300 policy or better and choose an insurance company who is the most reliable when dealing with bodily injury claims. You buy insurance to safeguard yourself from personal liability. If your insurance company fails to settle a claim within their policy limits, you could be personally liable.

Were you injured in an automobile collision? Contact an attorney today. Fight for your rights.

Jesus is my Health Insurance

Webmaster — Tue, 17 Mar 2009 20:32:01 +0000

A Note from the Webmaster: The Law Offices of Edward F. Wallace, P.C. would like to welcome Jeff Van Dell to our team. Jeff is a paralegal who started here in January 2009. Below is Jeff’s first blog.

What comes to your mind when I mention the biblical Book of Exodus? Iconic images from the movie “The Ten Commandments” of Charlton Heston playing Moses holding up his staff as God parts the Red Sea? Maybe you remember a Sunday school teacher describing the plagues God visited upon the Egyptians; the Nile turning to blood, hailstones wiping out their crops, or the death of every firstborn creature.

Although the Book of Exodus deals with the fledgling nation of Israel’s journey out of slavery and into the Promised Land, there are some very practical principles that allowed this group of former slaves to live together as a community and deal with the inevitable conflict that arises in every culture. Many of these principles transcend time and culture and have been adopted into our system of law. Three specific concepts that we deal with the field of personal injury are negligence, damages, and restitution.

Moses gives an example of how this dynamic plays out in Exodus 22:33-34. “If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss; he must pay its owner, and the dead animal will be his.”

In this example the negligence was the man leaving the pit open, a hazard, the damage was the animal being killed, and the restitution was the negligent party paying restitution to the owner of the dead animal. Four thousand years later, we employ the same principles in resolving personal injury claims. Perhaps a property owner leaves construction debris on a sidewalk, or a landlord fails to keep your apartment stairs free of ice and you fall and are injured. The landlord, like our ancient pit digging friend, owes you a duty of care so that your personal safety and property is protected on his property.
When we deal with motor vehicle accidents that result in personal injury, the same principles can be applied. One motorist is negligent and causes an accident that results in personal injuries to you. Under our laws you have the right to demand restitution from the negligent party. Although you won’t get a bull or a goat for your troubles, you have the right to receive monetary compensation as restitution for your medical expenses, lost wages, and pain and suffering.

A broader statement of this principle is found in the Book of Numbers 5:5. “The Lord said to Moses, “Say to the Israelites: ‘When a man or woman wrongs another in any way and so is unfaithful to the Lord, that person is guilty and must confess the sin he has committed. He must make full restitution for his wrong, add one fifth to it and give it all to the person he has wronged.”

People who have been wronged exist in vast numbers in our world. All of us have observed an obviously unjust situation and been emotionally effected by it. Those situations that are obviously unjust can stir up a righteous anger and motivate us to action. When Jesus delivered his sermon on the mount in Matthew 5:6 he said “Blessed are those who hunger and thirst for righteousness, for they will be filled” He was revealing to us that our desire for justice and fairness really is one of God’s attributes that he has bestowed on mankind as his image bearers.

In the world of personal injury law, we are in a privileged position to help people in crisis and need obtain a good outcome from a bad situation. And that too is in the bible.

Jeff Van Dell

BEWARE OF THE UNINSURED DRIVERS AND PROTECT YOURSELF

Ed — Wed, 11 Feb 2009 20:28:56 +0000

An insurance research group, the Pennsylvania-based Insurance Research Council, has recently forecast that the current recession will lead to an increase in the number of motorists driving without insurance. The number of uninsured motorists is expected to be more than 1 in 6 by next year, that;s over 16% of all drivers, according to the report.

My 30 years of experience in handling motor vehicle accident cases is consistent with the research group’s forecast that the percentage of insured motorists usually rises with the unemployment rate. Unemployment is expected to rise to over ten percent in certain areas in the upcoming months.

Whether you live in Massachusetts or New Hampshire, you need to insure yourself against uninsured motorists. You should review your automobile policies to be sure that you have adequate uninsured motorist coverage. If you are hurt by an uninsured motorist you will only be able to collect up to the policy limit of your uninsured coverage.

Note from the Webmaster: For those of you living in New Hampshire, you may have noticed that on February 2nd 2009, the Nashua Telegraph did an article entitled Uninsured on the road could swell by Melanie Plenda. You can view the article on the Nashua Telegraph’s website. The good news is that in New Hampshire, the insurance companies are not allowed to deny coverage to anyone because of bad credit, low income or other factors with the exception of out of state residency and legally not allowed to drive. The bad news however is that auto insurance is voluntary in New Hampshire. If you are uninsured and get in an accident with another uninsured vehicle, there is nothing to collect, leaving you responsible for all your bills. Therefore, automobile insurance is highly recommended.

Insurance: In Good Times, Not in Bad, In Health but Not in Sickness

Webmaster — Fri, 14 Nov 2008 21:44:23 +0000

Attorney Wallace is now a member of the American Association of Justice (AAJ), formerly known as the Association of Trial Lawyers of America (ATLA). This week, all members received two documents from the AAJ and were encouraged to share them on their blogs. We would like to share them with you.

The first is called Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse. If you have ever placed an insurance claim, you may be familiar with these tactics. For the best results, hire a lawyer to deal with your insurance claims especially in the event of an accident. Click here to view in PDF

The second article is called The Ten Worst Insurance Companies in America: How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most. We have had on our blog this past month a survey that you can participate in, entitled “How Satisfied Are You with Your Automobile Insurance Company?” We have been encouraging readers to fill this out and were interested in seeing the results. Now with this article out, it will be even more interesting to see how satisfied people are with their automobile insurance companies especially if their insurance coverage comes from one of the Ten Worst. Click here to view article in PDF

Have you had issues with your insurance company because you were in an accident in Massachusetts or New Hampshire? Contact the Law Offices of Edward F. Wallace, P.C. today for a free consultation.

Tough Times Need Not Be Made Tougher By An Injury.

Use your time to heal from your injuries. Let us deal with the insurance company.

Another Piece of the Pie

Webmaster — Fri, 10 Oct 2008 18:06:37 +0000

In season 7, episode 7 of The Simpsons, Homer Simpson decides that he is fed up with his job and wants to work from home. He comes up with a master plan to gorge himself to massive proportions so that he would qualify for disability and be allowed to work from home. This got me thinking. Is obesity a disability? I decided to approach this from a legal perspective and do some further investigation.

In the episode, Homer had a target weight of 300 lbs to qualify. Clearly, a joke based on the actual animated appearance of Homer, I went to discover if there was a weight limit and what it would be. I soon discovered that there isn’t one because obesity is not a disability in most cases. The Americans with Disabilities Act (ADA) defines a disability as “a condition that substantially limits a major life activity.” Since most obese Americans are perfectly capable of working and functioning at elevated weights, this does not apply to them. However, some of the weight related medical conditions are covered by the ADA. It is therefore very probable that even at the same company, two employees of equal obesity, one would be covered by the ADA and the other would not. You are more likely to win a case if you claim that you were not hired and/or fired because your obesity was a “perceived disability” (see Cook v. State of R.I. Health Dept. of MHRH, 10 F 3d 17 (1st Circ. 1993)) However if you were to go forward with a case claiming that your obesity is a disability, you are most likely to lose as obesity is not protected by the ADA. According to the American Bar Association, 98% of disability discrimination lawsuits favor the employer. [New York Times, July 26, 2000] In addition, many courts have refused to find obesity is a disability unless it results from a physiological condition.

Obviously in the case of Homer Simpson, the cause of his obesity was the endless stuffing his face of fattening foods but it is stereotypical and also incorrect to assume that that is the cause of every obese person’s problem. Certain metabolic malfunctions and thyroid problems can lead to obesity even if the person is not consuming huge amounts of food. The latest discovery of contributions to the obesity problem was the discovery of Adenovirus-36. (See WebMD for more information) 30% of obese people and 11% of normal weight people are infected with this virus. If research continues and conclusively proves that obesity is caused by a viral infection, then the government would be forced to update their discrimination laws to include weight.

Is there any recourse if you have been unfairly discriminated against because of your size? Maybe. The three most prevalent laws referred to in discrimination cases are the Civil Rights Act of 1964 (race, color, religion, sex, or national origin), the Rehabilitation Act of 1973 (handicaps) and The Americans with Disabilities Act of 1990 (disabilities.) Unfortunately none of these cover weight related issues.

However, if you are in the state of Michigan you are in luck! Michigan is the only state to have a law against weight discrimination. The Elliot Larsen Civil Rights Act, Act 453 of 1976, Sec. 209 bans discrimination based on race, color, religion, national origin, age, sex, height, weight, or marital status in the employment sector. In addition, Santa Cruz, CA, the District of Columbia, and San Fransisco, CA have local ordinances that outlaw discrimination based on weight (and other factors).

But how does weight discrimination affect you? A California Attorney, Sondra Solovay, wrote a book entitled Tipping the Scales of Justice: Fighting Weight-Based Discrimination. In her book she cites a study that found that 16% of employers would not hire an obese woman under any circumstances. 44% of employers would only hire under certain circumstances. Discrimination doesn’t get more obvious than that! A study conducted by Mark Roehling at Western Michigan University (request article here) unveiled a striking contrast in salaries among normal and overweight people. Mildly obese women earned 6% lower than a normal weight woman of equal qualifications. Morbidly obese women, however, earned almost 25% less than their normal weight counterparts for the SAME JOB! The findings were not true of men, where obese men only saw a slight reduction in pay and mildly obese men actually had a slightly higher salary than their normal weight peers.

Weight Based Discrimination sadly exists and there are very few laws to protect us from it. What can we do? The National Association to Advance Fat Acceptance is one organization out there dedicated to ending this discrimination, as well as to promote fat tolerance. The Council on Size and Weight Discrimination is another organization fighting weight based discrimination. They even list lawyers (although in limited locales) who are experts in taking cases to fight obesity discrimination as well as alternatives to consider if you feel you have been a target of weight based discrimination.

The Simpsons, sadly, only reinforces the stereotype that overweight people are fat, dumb, and lazy. We must come together as a community to fight these stereotypes. Overweight people are just like anyone else. They work hard. They live their lives. And they deserve to live their lives without discrimination or shame.

The Conclusion: Don’t try at home what Homer Simpson did. You won’t save your town from a nuclear plant explosion and your boss won’t pay for your weight loss surgery.

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Did you know…

Laura — Wed, 24 Sep 2008 16:03:58 +0000

We all know how expensive medical treatment can be and how easy it is to rack up the bills. This scenario becomes all the more apparent when someone is the victim of a motor vehicle accident and suffers debilitating injuries. Given the high cost of affordable health insurance, there is a way to protect yourself against skyrocketing health costs associated with a motor vehicle accident.

Did you know that for relatively short money (e.g. $15 to $25 depending on your insurance company) you can add optional Medical Payments coverage on your automobile insurance policy? Medical Payment insurance covers the reasonable and necessary medical expenses incurred as a result of a motor vehicle accident involving any of the following people:

Anyone who is occupying your vehicle at the time of the accident with consent (including you or a household member) and
You or any household member if struck by an automobile as a pedestrian or if occupying someone else’s vehicle at the time of the accident with consent.

Optional Medical Payments coverage is usually purchased in $5000 increments and will provide coverage for your medical expenses in addition to the $8000 mandatory coverage under the compulsory PIP (Personal Injury Protection) coverage. However, because the PIP coverage also reimburses one for lost wages resulting from the accident, often times there is not adequate coverage for all of one’s medical expenses and lost wages resulting from an accident from the mandatory PIP coverage. Medical Payments coverage offers additional protection and allows one to obtain the medical treatment necessary for injuries resulting from a motor vehicle accident and we highly recommend purchasing this coverage.

Welcome to Our Blog!

Webmaster — Tue, 23 Sep 2008 18:16:15 +0000

Welcome to the Legal Blog of the Law Offices of Edward F. Wallace.

A quick introduction into our lawyers:

Edward F. Wallace has been practicing law for over 30 years. He received his law degree from Suffolk University Law School in 1978. He is admitted to practice before all the courts of the States of Massachusetts and New Hampshire, the United States District Court for the District of Massachusetts and the United States District Court for the District of New Hampshire, and the Supreme Court of the United States. Attorney Wallace is certified as an Advocate by the National College for Advocacy and a member of the Association of Trial Lawyers of America.

Laura Sheppard received her law degree from the Massachusetts School of Law in 1996. She is admitted to practice before all the courts of the States of Massachusetts and New Hampshire, the United States District Court for the District of Massachusetts and the United States District Court for the District of New Hampshire. Attorney Sheppard is a member of the Association of Trial Lawyers of America and the New Hampshire Trial Lawyers Association.

A quick introduction to our webmaster:

Nicole Janice Wallace received her B.A. in English and Medieval Studies from Smith College in 2002. She received her M.A. from University College London in the UK in 2003 in Scandinavian Studies. She is currently the webmaster and designer of TheMediationLawyers.com. In addition to her work at this law firm, she moderates two unrelated websites.