Ford Motor Co. will have another chance to challenge its share of Delaware’s largest asbestos verdict since 2005, after the Delaware Supreme Court ruled that a lower court judge failed to properly consider whether a jury’s award of $40.6 million in compensatory damages was excessive.

A three-judge panel of the high court found that Superior Court Judge Ferris W. Wharton incorrectly looked to Ford’s $8 million liability instead of assessing the total damages award in deciding whether the payout to the wife of a deceased automotive repair shop owner was too high.

The ruling sent the case back to Superior Court Judge Wharton to decide whether the more than $40 million verdict was warranted.  If not, the high court said, it would be up to Wharton to either lower it or to grant a new trial on damages.

Ford was the only one of 18 defendants to be tried on claims that it had failed to warn about the danger of asbestos in its products.  Larry Knecht, who filed the lawsuit in 2014, died of mesothelioma before the case went to trial in May 2018. According to his widow, Paula Knecht, he was exposed to asbestos dust for decades while working in his Los Alamos, New Mexico automotive shop.

During the course of his work, Knecht was exposed to asbestos in various products from many different manufacturers, and the company argued that the plaintiff could not point to specific Ford-made parts that had caused his illness.

But following a 16-day trial, the jury found Ford responsible for 20% of the overall compensatory damages awarded to Knecht and tacked on an additional $1 million in punitive damages, bringing its total liability to about $9.1 million.

Ford, which said it was the largest asbestos verdict from the Superior Court in nearly two decades, filed a pair of post-trial motions, asking Wharton to approve a new trial limited to damages.  The judge, however, denied both motions and upheld Ford’s share of the damages.

On appeal, Ford said that the payout was “off the charts,” compared to similar results in comparable cases, and argued that the sheer size indicated that the jury may have been swayed by sympathy for Knecht and his widow.

“The amount is large enough to indicate it was based on bias, passion, or prejudice, not a measured consideration of the evidence.  The compensatory award should be set aside, and a new trial on damages should be ordered or the amount should be remitted,” Ford’s lawyers said.

In a seven-page opinion, Supreme Court Justice James T. Vaughn Jr. agreed with Ford that a defendant’s share of the ultimate fault was not relevant to the question of whether the compensatory damages were reasonable.

“The Superior Court should have decided whether the jury’s compensatory damages verdict of $40,625,000 was excessive.  Its decision to focus on Ford’s reduced share of damages of $8,125,000 was error,” Vaughn said.

The Superior Court’s decision on remand is likely to determine how much Knecht will receive for the loss of her husband.  Ford did not challenge punitive damages in the case, and is set to pay at least $1 million, pending further action by the court.

Thanks to our friends from Murphy & Landon Injury Attorneys for their insight into personal injury law.

A severe injury is not always obvious right away. For example, there are many kinds of back injuries which many people leave alone without having a doctor look at them, only to find later that they have caused permanent damage due to a lack of medical treatment. Subtle symptoms in sensitive parts of your body, such as your head, are important to keep an eye on and have checked by a professional to be absolutely sure you are healthy, especially after an accident.

When to See a Doctor

You may not be sure if your symptoms after an accident are severe enough to visit an emergency room or urgent care facility, or even just warrant a visit to your doctor. If you have any doubt, it’s always better to be checked out, especially when you suspect that you hit your head in an accident and might have suffered a traumatic brain injury.

While many accidents can leave you with a headache or feeling dizzy for a few hours or a day without any complications, there is a chance that a head injury is much worse than you initially thought. A concussion has the potential to cause bleeding and clotting in the brain which can be life-threatening if left untreated. If you are worried about your symptoms, or you think they are getting worse, it is recommended that you seek care immediately. Potential symptoms to look for include:

• Fainting
• Loss of memory
• Vomiting
• Seizure
• Headache, especially if it worsens over time
• Unusual behavior

When helping someone else determine if their injuries are severe or not, you can use the Glasgow Coma Scale. This test measures verbal and motor response, as well as eye opening speed and ability. The higher the score, the less severe the injury is likely to be. This can give you some peace of mind that waiting for an appointment with a primary physician is reasonable, rather than rushing to the emergency room.

After Seeing Your Doctor

After you have obtained medical help to stabilize your health, depending on what type of accident you were involved in, you might consider seeking the help of a lawyer, like a brain injury lawyer in Memphis, TN. Whether it was a car accident that was caused by another driver, or a workplace accident, incurring a TBI is not something to be taken lightly — particularly if your doctor expects the injury to require extensive recovery time or to develop into permanent disability. Understand your rights to fair compensation from the other party’s insurance, and if this does not seem possible, filing a lawsuit may be a possibility.

When dealing with a collector or having a debt that may soon be collected, it’s important to know the extent to which debt collection agencies can work within the law. By understanding some of these intricacies, you can protect yourself from malpractice and / or potentially negotiate a better settlement.

The Fair Debt Collection Practices Act is a federal law limiting the actions of third-party debt collectors attempting to collect debts for another entity. In terms of a larger overview, the law limits the ways in which collectors can contact debtors along with restrictions on things like the time of day communication can be made. If this law is violated, a suit may be brought within a years time with the help of a personal injury lawyer against the debt collector in a state or federal court. One distinction to consider, however, is that the FDCPA only applies to third-party collection agencies meaning that these rules don’t apply to more conventional debt-related transactions such as owing money to a local appliance store.

In terms of specifying some of the more direct implications of these rules, there are a few illegal debt collection practices to consider:

• Third-party communications

– Generally, a collection agency can’t contact third parties about your debt (outside of a few circumstantial instances such as finding information about your whereabouts). Collectors, however, are allowed to contact either your lawyer (if representing you), the original creditor or a credit reporting agency for information-related purposes.

• Communication with (you)

– The initial communication must indicate that he / she is attempting to collect a debt. He / she must also communicate that any information gathered from you will be used for that purpose. Regarding contact times, a collector can’t contact you at odd or inconvenient times (depending on your own schedule), at work (if determined by your employer), or directly (if he / she knows that you have an attorney).

• False and / or misleading information (or representation of information)

– Collection agencies can’t lie. This includes but is not limited to: claims of being law enforcement, false crime claims, having a fake business name or claiming a communication is from an attorney.

• Harassment or abusing language

– In general, a debt collection agency can’t harass, bother or abuse debtors. This includes threats of violence, use of profane language, repeated calls, etc. The implication here is that you shouldn’t have to put up with a collectors harassment. Simply hang up or ignore the call, letting the phone “hang” In more difficult circumstances, it may be best to pursue legal action.

Thanks to Brandy Austin Law Firm, PLLC for their insight into personal injury claims and identifying malpractice of debt collectors.

Fault and No-fault divorce Lawyer

Although the concept of fault and no-fault divorce can become difficult to understand due to state specifications, there are certain universal rules and guidelines to follow when taking the larger picture into consideration. First, no-fault divorce is defined as a type of divorce in which the spouse filing for divorce doesn’t necessarily have to prove fault on the part of their significant other. Due to it’s legal nature, a spouse cannot object to a no-fault divorce petition as the ground for objection would constitute a legally “irreconcilable difference”. This is one of the most common justifications for a no-fault divorce. No-fault divorces are recognized in every state, but some states do require that spouses live separate for some time before full divorce. For example: prior to 2016 the state of Illinois had required couples to live apart for a minimum of six months (the standard requirement was initially two years) before becoming divorced as a result of irreconcilable differences. 

In terms of historical context, in the 1950’s, states began progressively moving away from traditional barriers of binding relationships, making no-fault the standing procedure among divorce. This has led to a greater sense of personal freedom for individuals stuck in unsatisfying relationships at the expense of a rapidly increasing divorce rate (in the time period between 1950 and 1980). The changing societal expectations at the time came as a result of a variety of social factors too such as women becoming a stronger presence in the workforce. Divorce had become a more socially accepted aspect of life to match the changing legal environment. In the 1980’s, the divorce rate peaked at over fifty percent. From that point, the rate has slowly declined as couples have begun to further grasp the level of commitment that marriage entails. People nowadays are marrying later in life when their lives have further stabilized.

Fault divorces, on the other hand, are not as common in the states. Most states nowadays no longer recognize them. In the states that do, the most common grounds for which a fault divorce is granted are:

• Adultery
• Cruelly (emotional or physical; most frequent)
• Abandonment for a length of time
• Prison confinement

When both spouses can convincingly show the other is at fault, the court then decides who is least at fault under a doctrine called “comparative rectitude”. Of course, there is also a variety of ways in which a spouse can challenge a fault divorce. This includes evidence of provocation, recrimination, etc. However, because courts often have an interest in not keeping people married, they are typically lenient to those who ask. This common precedent as well as the costly barriers of legal defense often deter people from attempting defense. Nevertheless, for some, there are still some appealing aspects of fault divorce to consider such as its potential to lead to a larger distribution of marital property for the spouse not at fault. With all this in mind, careful consideration with a divorce lawyer in Arlington, TX is key in determining the right course of action to take when pursuing divorce.

Thanks to Brandy Austin Law Firm for their insight into family law and fault and no-fault divorces. 

Nursing Home Lawyer

When your loved one tells you they have been abused or neglected while under the care of a nursing home, you might feel angry, shocked, and confused. This is not something to ignore, but it is also important to understand that these types of allegations are serious and could involve state departments, federal investigations, and complex rules and legislation. The first thing you should consider is talking with a nursing home lawyer.

Abuse in U.S. Nursing Homes

Nursing homes are supposed to provide a blanket of protection for their residents. Sadly, it is estimated that up to one third of these facilities fail to offer their advertised care resulting in neglected elders that truly need assistance in their everyday life. As the baby boom generation continues to enter these places, the likelihood of neglect in nursing homes is suspected to increase. This is particularly because approximately 80-85% of nursing homes are for profit businesses. Every year they must show a profit, and this typically is done through budget cuts, the hiring of inexperienced staff, and poorly kept premises. All of these things can become a catastrophic combination and may include the abuse or neglect of an elder.

Experienced, Honest, and Aggressive Legal Representation

A nursing home lawyer can help families go through the legal process involved with abuse or neglect. It is important you know that you are not alone, and furthermore, that you have options beyond accepting a fast settlement from the very facility who has harmed your elderly loved one. By choosing to hire a nursing home lawyer, you can feel peace of mind in knowing that they:

• • Will carefully review your case to ensure we understand all angles

• • Have ample resources to gather evidence that solidifies your case

• • Do not get intimidated by nursing home companies or their legal teams

• • Only settle for maximum compensation

• • Will go to trial, if we cannot reach a settlement

• • Understand the complex laws and rules

• • Know how to navigate the intricate details without causing you too much stress

• Work on a contingency fee basis

Common Signs of Nursing Home Abuse

Abuse is not always physical; rather, an elder can be emotionally, mentally, and financially neglected. Often the later can take place for years before it is discovered. If you’re unsure about how your elder loved one has been abused, but are sure that it is going on, you should explain your situation to a nursing home lawyer. Signs that may help you to identify abuse include:

Physical Sides of Abuse

• • Bed sores

• • Broken bones

• • Bruises

• • Burns

• • Weight loss

• Signs of restraint

Sexual Signs of Abuse

• • Genital bruising or bleeding

• Development of STDs

Mental and Emotional Abuse

• • Verbal assaults or threats

• • Intimidation

• • Humiliation

• • Frequent crying

• Emotionally withdrawn

Signs of Neglect

• • Poor hygiene

• • Missed medication doses

• Unsafe environment

Financial Abuse Signs

• • Unexpected purchases

• • Missing money

• • Strange changes in a will or trust

• • Missing checks

• Forged signatures

Additional signs of abuse or neglect may include:

• • Falsifying medical records

• • Duplicate billing

• • Undertrained staff

• • Lack of staff

• • Over or under medicated

• Lying to family members

Do You Believe Abuse is Happening to Your Elder Loved One?

If you believe a nursing home is abusing your elderly loved one, time is of the essence. You should contact a nursing home abuse lawyer Trenton, NJ residents turn to as soon as possible.

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Thank you to our friends and contributors at Davis & Brusca, LLC for their insight into nursing home law and abuse.

Construction is considered to be one of the most dangerous occupations in the United States. The risk of electrocution, falling, using faulty machinery, or other unpredictable situations are dangers that workers can be faced with everyday. Unfortunately, out of the 4,693 work fatalities in 2016, 991, or 21.1% were in construction.

As dangerous as it might be, risks must be taken in order to provide for a family. Your husband, or family member, may have assured you that all of the necessary safety protocols were in place; that he wore his hard hat all of the time; and that you had nothing to worry about. What happens, when something goes wrong, and he loses his life. Who is to blame?

Statistics: https://www.osha.gov/oshstats/commonstats.html

Common Liable Parties in Construction Accident Wrongful Death Cases

Even with the strictest protocols in place by OSHA, thousands of severe and fatal accidents occur on construction sites because of neglect or carelessness. Construction sites typically have many companies involved in the project, and determining who is liable, is not always easy. Depending on what happened, a lawyer might argue that any of the following should be held responsible for the death of your loved one:

A Contractor – There could be multiple contractors on one construction site. If they fail to keep their workers safe, a contractor could be held liable.

Manufacturer – If the death was a result of broken, faulty, or damaged equipment, a lawyer may seek compensation from the manufacturer. This equipment would include tools, machinery, scaffolding, and more.

The Owner of the Construction Site – It is up to the construction site owner to maintain the premises, and ensure all protocols are being practiced.

Construction Worker – It is possible for another worker to have acted negligently; thereby, cause the death of another worker. Sometimes he or she could also be criminally prosecuted for manslaughter.

The Employer – If a lawyer discovers that workers were not properly trained, machinery was poorly maintained, or OSHA violations existed, the employer could be pursued for damages.

Filing a Complaint with OSHA and Other Agencies

When safety violations are an issue, a lawyer might also help you to file a complaint with OSHA and other state or federal agencies. Filing a complaint with these parties could result in fines and other penalties that will encourage the negligent party to not make the same mistake again. If you’re unsure about how to go about this process, you can ask your lawyer or call your local OSHA office.

Start Rebuilding Your Future

Losing a loved one in a construction accident can be devastating. You might feel unsure about how to move forward and overwhelmed with feelings of grief. No lawyer can turn back the time; however, we might help you to recover monetary damages that can be used towards the rebuilding of your future.

After sustaining a serious injury in an accident caused by someone else, you may realize you need a personal injury lawyer, but exactly how can one help you? Lawyers are asked this question frequently and feel it’s important for clients to understand their rights under the law and how they can protect their rights. Below is a general overview, but we encourage victims to seek a lawyer for a no-cost consultation with an experienced personal injury lawyer who can offer guidance specific to the circumstances of their case.

Valuation of Your Injury Case

Very early in the process, perhaps during the first consultation, your personal injury lawyer can provide you with an estimate of how much compensation you might receive with a successful claim. With the insight of an experienced personal injury attorney Longwood, FL relies on, you can make informed decisions about whether or not to pursue a claim and legal strategies that will offer the best chance for recovering your damages.

Settlement Negotiations

What many injured victims do not realize is that recovering compensation for your damages from the responsible party does not always lead to a lawsuit. Very often, a personal claim results in a settlement and the case never has to go to trial. Your lawyer will keep you up to date on the progress of your claim as it moves forward. Every case is different, but it will likely follow these steps:

1. Documentation and collecting proof. A personal injury claim must include sufficient proof of liability as well as establish the seriousness of your injury. Your personal injury lawyer may collect some or all of the following:
2. Witness statements regarding the accident.
3. Photographs of the accident scene, your injury, and any other pertinent information.
4. A copy of the police report.
5. Copies of your medical records with relation to your accident injury.
6. Your personal testimony about how the accident injury has negatively affected your daily life and quality of life.
7. Proof of employment and annual wages in order to determine how much income you are losing during your recovery period.
8. Submittal of personal injury claim. Your personal injury lawyer will submit the completed personal injury claim to the insurance company of the at-fault party.
9. Settlement negotiation process. Once the insurance company has had a reasonable amount of time to review the claim, your personal injury lawyer will initiate the settlement negotiations. The goal is to recover enough compensation to cover all of your injury related costs. An itemized list of your damages will have been submitted to the carrier as part of your claim. If the carrier refuses to offer a fair settlement amount, the claim may be escalated to a lawsuit that your personal injury lawyer will file with the appropriate court.
10. Lawsuit. If a fair settlement was not offered to you, a lawsuit may ensue. Your personal injury lawyer can provide an estimate on how long the trial may last once the Court has scheduled a start time. Very often, settlement negotiations resume before the conclusion of the trial because the insurance company desires to minimize costs and negative publicity. Even before the trial is over, you may have the opportunity to collect fair compensation for your damages.

 

The main intention of a trust is to create a document that lists how distribution of property, assets and treasures are to be passed on to surviving loved ones. A trust lets the person decide which of their items goes to whom, and how their remaining monetary assets are to be divided. Unfortunately, despite the best of efforts, issues with the trust can happen, resulting in the need for trust litigation. When this occurs, it can help to have a trust litigation lawyer guide you through this very complicated and emotional proceeding.

Why Trust Litigation May Be Needed

There may be a need for trust litigation if the person who established the trust did not truly have the legal ability to do so. During the trust litigation process, the legitimacy of the trust is evaluated. Trust litigation may also be required if there was a chance that coercion or persuasion by another person was a factor, which hindered the person making decisions based on his or her own free choice.

How Trust Litigation Becomes a Complex Issue

During trust litigation, it is not uncommon for many petitions or complaints to be needed before the process occurs. An attorney can help you decide if any of your complaints should be filed. Examples of petitions that can be submitted from beneficiaries or loved ones include the following:

• Elder Abuse
• Undue Influence Claims
• Creditor’s Claims
• Capacity Issues
• Probate

Hiring a Trust Litigation Attorney

Trust litigation is not a process you want to go through alone, without representation. Your issue may require more than what the average estate planning attorney can provide. Your chosen attorney should have experience in laws that govern trusts, probate and litigation procedures.

When Trustees File a Claim

A trustee is viewed as a fiduciary, and has the legal responsibility to protect all assets, property and belongings that are listed in the person’s trust. The trustee must oversee the trust and confirm there is compliance of the terms listed. An attorney can also be appointed as the trustee. Many people choose this route when they feel their attorney has their best of intentions at heart. If there were unlawful influences that interfered with the person creating a trust which reflected their true wishes, the trust may have to go through trust litigation. Examples of these influences can include if someone abused the person financially and pressured them into certain statements in the trust, or if the person was of senior age and may not have been competent at the time.

During this frustrating and potentially agonizing time, it is best to consult with a trust litigation attorney for advice. We understand the importance of making sure your loved one’s wishes are carried out how they truly would have wished.

 

As a business owner, you have likely considered the  possibility of business litigation. You may even have insurance coverage for the costs associated with business litigation. Perhaps you have even been a party to business litigation over a dispute that arose regarding your business. Especially if you fall into this last category you know exactly how costly and stressful it can be to engage in business litigation. Even if you are the party initiating the lawsuit, business litigation can take time and money that you would rather avoid having to spend. So, you may be wondering, “What is the best way to avoid business litigation?” There are several good answers to this question, but this article focuses on one: Draft Strong Contracts.

 

• Contracts are essential to many parts of your business. Contracts are, no doubt, part of your daily business practice. Whether it is a contract for the sale of goods, employment contracts, or contracts for your services, contracts are essential to any business.

 

 

• It can be easy to overlook the importance of contract terms. Depending on the law in your state and the subject of the contract, you may not absolutely need a written contract. Even if you are required to have a written contract, you may be tempted to scratch something out on paper, or to use a template you found online to get the job done. Because you are likely dealing with so many contracts, you may feel like you do not have time to consider all the “fine print” when drafting or agreeing to contract with someone else.

 

 

• A large percentage of business litigation is related to contracts. Business litigation often arises when you are sued for breach of contract or when you need to file a lawsuit against someone who has breached their contract with you. However, much of this litigation can be avoided or simplified by having clear, concise contract language that specifies all requirements from both parties to the contract.

 

 

• You can reduce the number of times you must litigate and, if you do have to litigate, you can simplify court proceedings by drafting a clear contract for each transaction.  You should write all contract terms carefully, including dates, times, amounts, and any “side agreements.” By having a contract that correctly and clearly identifies the terms of your agreement you will reduce litigation by setting clear expectations. If you do end up in litigation, you will have a clear memorial of your agreement to show to the court. A qualified business attorney can advise you regarding what information you need to include in your contract to make it comprehensive and also to make it valid under your state’s law.

 

Remember, the best way to protect your business, including protecting it from potential litigation, is to consult with a qualified litigation lawyer Melbourne, FL. An experienced business litigation attorney will be able to offer you advice on a variety of topics including how to draft contracts that strengthen your business and shield you from unnecessary litigation.

 

Most of us know just how dangerous it is to use a cellphone while driving. The awareness of how risky this habit is has raised over recent years, as more and more collisions have happened because of it. It only takes a fraction of a second for a driver to become distracted while reading a text, to cause an accident of devastation. Even still, there is a small percent of drivers who use their phone while driving on a regular basis. Sadly, being so attached to this gadget may not only change the life of the driver for the worse, but an innocent person on the road as well.

Here in this article, we have answered a few questions people may have about why exactly this handheld device is so hard to distance ourselves from, especially when operating an automobile.

What if someone wants to break their cell phone use habit, what can they do?

The fact that a person is aware of themselves and wants to break a potentially harmful habit when behind the wheel, shows they do not want to be responsible for the loss of their life, or someone else’s. A few tactics you can utilize to help yourself not reach for your phone when driving are listed as follows:

1. Try to be less attached to your phone even when you are not driving. Spend an hour or more everyday disconnected from your phone. The average person checks their cellphone about fifty or more times per day, and they may often do so just as an automatic response.
2. If you are in the middle of a conversation via text, email or phone call, let the person know you are about to drive and will reach back out once you have arrived at your destination. This person will probably respond with much appreciation that you decided to not drive distractedly.
3. Keep your cell phone in the glove compartment locked away, and on silent or off. Even leaving your phone on buzz could distract you if you hear something vibrating in the glove box. It is best to just turn your phone off completely.

What is it about driving while using a cell phone that makes it common?

Nowadays, cell phones offer us most of what we need only within an arm’s reach. We use our cell phone as means of information, getting directions, tv shows, music, ordering food, paying our bills and more. When so much of what we need is within this little technology gadget, it makes sense that we have a hard time parting without it for a period of time.

What should I do if a driver hits me because they were on their cell phone?

You can consider seeking help from a car and Tow Truck Accident Lawyer residents count on about the accident, especially if you suffered substantial injuries and losses. Many people may turn to legal action in order to seek compensation for medical bills, vehicle repair costs, diagnostics, treatments, prescription medication and loss of pay due to missing work for recovery.