Fairbanks Alaska Statewide Personal Injury Lawyers - alaska

What's "Negligence"? [Hint: It's Just Being Stupid]

Ward Merdes — Sun, 05 Apr 2009 01:59:39 GMT

For the last 20+ years, I've been a personal injury attorney in Alaska. My phone rings every day with people who have had bad things happen to them. Nobody wants to call me. They only call me when they must. They call because they got run over by a drunk. They call because their spouse's plane crashed. They call because their doctor got drunk before their surgery. In every phone call, something ugly happened.

BOTTOM LINE: Nobody calls me because they had a good day. I sometimes feel like a dentist.

Every hard-luck phone call has common threads. Here's what's going on in my head, as I listen to these callers:

1. Did somebody do something stupid?;

2. Was the caller actually hurt by the stupidity?; and

3. Does the stupid person have insurance or assets to help the injured caller?

I need all three of these before I can do the caller any good. Let's examine them in order.

First: "Did somebody do something stupid?" This is called "Negligence." It does NOT mean that the person is bad, or belongs in jail. It simply means that the person did something stupid. [I'm negligent every day ... and so are you. Every time we drive 56 in a 55 - every time we don't pay close attention and slide our cars on ice - every time we don't act carefully - we are "stupid" and hence "Negligent."]

Second: "Was the caller actually hurt by the stupidity?" Because each of us does stupid things EVERY day, the key is determining whether that stupidity actually hurt the caller. For example, if the other person was driving 90 MPH in a 40 MPH zone, slid sideways and crushed the caller, that would be a pretty obvious causation situation. On the other hand, if the person drove 120 MPH in a 15 MPH school zone, but (thank god) missed all the kids, there was no actual injury. Hence, you can be stupid (negligent) and still get lucky by not hurting anybody. God takes care of some idiots.

Third: "Does the stupid person have insurance or assets to help the injured caller?" This is called the "Deep Pocket" rule. Face it, if there is no insurance or if the stupid person has no assets, he/she most likely won't be held responsible for their stupidity/negligence. Rush Limbaugh makes fun of the "Deep Pocket" rule. I'm a bit more reserved. Think about it: As an attorney, would I be doing my client (the injured caller) a bit of good if I suggested that he/she jump head-first into hiring me for a claim and lawsuit, if I knew the stupid person had no insurance and no assets? What kind of fool attorney would suggest to an injured person that he/she spend enormous time/effort fighting a battle like that? I only fight where I have some chance of helping my client with medical bills, lost wages, and pain/suffering.

Of course, it’s more complicated than this, but the nut of a good personal injury attorney’s analysis is set forth above. I hope this helps. For more information, go to www.SlowDownAlaska.org where I explain this, again. Actually, I hope you never need to call a personal injury attorney. But if you do – read this carefully.

I also hope that this short blog stops the few folks who call me wanting "money because I was hurt in an accident" - only to discover that they (themselves) drunkenly ran their car into a tree and hurt themselves.

Seriously. YOU ONLY HAVE A CLAIM IF SOMEBODY ELSE'S STUPIDITY HURT YOU. That's how the civil justices system works. Our goal is to hold stupid people accountable for their stupidity. If we hold stupid people accountable – making them pay for every dollar of every problem they cause, maybe stupid people will smarten up a bit. Maybe they will slow down and stop drinking/driving. Maybe you will make it home alive.

The civil justice system works. It is sometimes slow and difficult, but it works. Think about it before you buy any more of Limbaugh’s hogwash about “Deep Pockets” and "The System is Broken." It's not.

Originally posted at InjuryBoard by Ward Merdes

Warm Roads? Slow Down in Alaska

Ward Merdes — Wed, 18 Feb 2009 13:52:57 GMT

It's February 18th and getting warmer in interior Alaska. We're gaining sunlight every day and are up to eight hours. Roads are thawing on sunny days. Black ice is upon us. My phone is ringing with folks who have been smeared on the roads. Let's review how to avoid calling me:

SLOW DOWN.

It's really that simple. Take your foot off the gas. Leave lots of room between cars. It's OK to stop for a yellow light. It's OK to be a little late for work. Your boss will live. You might not.

Every "spring" (that term is a bit premature in these parts) folks forget about black ice. Do yourself a favor and remember this year. February and March driving is extremely dangerous. A low sun and slippery roads provide every opportunity to get into driving trouble.

A GOOD IDEA: Take your teenage kid to an abandoned parking lot. Sit him/her behind the wheel. Accelerate slowly. Slam on the brakes - and practice "sliding on the ice." They will do it on our roads - so you might as well have them practice in advance. Of course, be careful and don't injure/kill anybody. Leave A LOT of room for error. It's a wonderful learning experience that may very well save your kid's hide.

It's dangerous on Alaskan roads this time of year. Be careful.

Originally posted at InjuryBoard by Ward Merdes

24 year old Alaskan, Karen Burke, Involved in Serious Automobile Accident Outside Nevada City, California

James Cool — Mon, 27 Oct 2008 15:42:39 GMT

Nevada City, CA—The Union newspaper reports that 24 year old Alaskan, Karen Burke, was involved a serious automobile accident on October 10, 2008 while traveling to Paramedic training on California Highway 20. The Union notes that Ms. Burke suffered serious injuries including two broken arms and two broken legs and remained in serious condition in Reno, Nevada following surgery to correct her injuries. Her family has informed The Union that Ms. Burke will spend more than six months in recovery and will be unable to walk during much of her recovery. Witness accounts suggest that Ms. Burke’s vehicle was struck when a pick-up crossed over the double yellow line into her lane, allegedly to pass a big rig. The driver of the other vehicle was arrested for causing injury by reckless driving and driving on a suspended license.

We wish Ms. Burke a speedy recovery and express our deepest sympathies to her and her family. Depending on the outcome of the police investigation, as well as any unknown circumstances surrounding the accident, there are several things that Ms. Burke and her family should know.

(1) The Statute of Limitations for personal injury and death claims in Alaska is normally two years (AS 09.10.070). This means that if you do not file your claim within two years you will lose your ability to recover damages for your injuries in a civil suit. Waiting beyond two years will strip you of your legal rights, including the right to be compensated. This also appears to be the case in California (http://www.expertlaw.com/library/limitations_by_state/California.html). We do not endorse the accuracy of the web link provided here, but it does appear to have a wealth of useful information about statute of limitations and claims preservations issues in California.

(2) Ms. Burke’s own Alaska auto-insurance coverage may have a med-pay or medical bills provision which can help cover some of the expenses associated with treating her injuries and her hospital stay. This may also be covered under your uninsured/underinsured motorist coverage. Also, and a fact unknown to many people, if Ms. Burke is in a household with someone to whom she is related by blood or marriage and they have underinsured/uninsured motorist coverage, this may also be available to help with her medical expenses.

(3) You may want to investigate whether the driver of the pick-up (Mr. Carrillo) was on the clock at any job at the time of the accident. If he was working for someone when the collision occurred, you may be able to bring a claim against his employer(s) and their insurance company for compensation for your injuries and expenses.

(4) Seek out the incident report from the California Highway Patrol and any other investigative agency on scene--- and consider hiring your own investigator. It may already be too late to determine the exact conditions of the road or other helpful information, but the sooner you can collect evidence from the scene where the accident happened, the more valuable it will be.

(5) Stay in contact with the prosecuting attorney in Nevada County, California where the accident occurred. You may be the victim of a crime, possibly a felony, depending on California’s laws and your injuries. If you find that the Prosecutor is not helpful or responsive to you, consider hiring an attorney in California who represents crime victims. As the victim of a crime, you may be entitled to restitution for your injuries in connection with the prosecution of Mr. Carrillo.

(6) Contact an attorney to help you ASAP. For more information on finding an attorney in Nevada County, visit the Nevada County Bar Association Lawyer Referral Service (http://www.nevadacountybar.com/lrs.html). Or visit the National Board of Trial Advocacy website at www.nbtanet.org and search for California attorneys in the area.

No matter what the circumstances surrounding the accident were, it’s critical that everyone drive safely and carefully because even sunny California roads can be very dangerous. For more information about staying safe on Alaska’s icy roads and everywhere else, please visit www.slowdownalaska.org.

While you are certainly free to contact Mr. Merdes at 866-735-1102 Ext. 455, this is not a solicitation or legal advice. This is offered as information to Mr. Burke and her family. If you would like a referral, feel free to contact Ward Merdes or try the National Board of Trial Advocacy (NBTA) at www.nbtanet.org. Just be sure to call an attorney who has handled cases like this before.

Originally posted at InjuryBoard by James Cool

Fairbanks Alaska Boating Accident Injures Two Women - Here's The Law They Need To Know...

Ward Merdes — Wed, 11 Jun 2008 01:23:32 GMT

The Fairbanks Daily News-Miner reports that two women were injured in a boating accident allegedly caused by Avery Thomas - who was apparently drunk. The police report that Thomas blew a .137. The legal limit is .08. That's more than 150% of the legal limit. Thomas is toast for this act of stupidity. Here is what the two injured women need to know:

1. Fault: Thomas appears 100% at fault. Under Alaskan law, he is responsible for your injuries, including: (a) lost wages; (2) medical bills; and (3) pain/disfigurement and suffering. Be sure to get good medical care, and keep your empty RX bottles;

2. Applicable Alaskan Tort Laws: Special legal rules usually apply to boating accidents like this - which occur on navigable waters. It's called "Maritime Law" - and it has its share of weird quirks. Fortunately, because of our abundant coast-line, Alaska has a well-developed body of Maritime law. While our highways have "Rules of the Road" - our rivers have similar "Water Rules."The bottom line is that Alaskan law supports holding people responsible for injuring others, particularly in situations like this;

3. Statute of Limitations: The Statute of Limitations for bringing claims for injury related to this boating accident is (likely) two years. If you fail to bring a claim within two years of when the accident occurred, you will (likely) be stripped of all your rights. This is VERY important. Take action now. Mark your calendar;

4. "Serious Crime" Laws: Alaska Statute 09.30.070 provides that you are entitled to full, actual attorney fees, in addition to compensation for your injuries - because Thomas was apparently engaged in a "serious crime" (Drunk Driving) when he hurt you. Make sure your attorney knows about this statute;

5. Insurance Issues: Check to see if Thomas and/or the boat he was driving is insured. He probably is not. If Thomas is NOT insured, file a claim against your own boat and/or automobile insurance, the "Uninsured / Underinsured Motorist" portion. It might cover your claims. Also check to see if the boat you were occupying was insured. Ask the owner (if it's not you). Your own boat may have "Uninsured motorist" insurance that will cover your claims;

6. Hire an Attorney: I know you don't want to, but do yourselves a favor. Hire an attorney ASAP. Maritime cases are tricky, and you need somebody who knows this area of the law. At least interview a number of actual personal injury attorneys (avoid lawyers who "sometimes handle injury cases") - to see if you can find one you like. Believe it or not, Fairbanks has some good personal injury lawyers. We also have some to avoid.

Just don't hire me. You can call me - and I'll walk you through this process for free - but I will not represent you as your lawyer. The reason is because I don't want to be accused of acting like a vulture or ambulance chaser when I write these blogs. It is important that folks understand my motive is pure. I do these blogs to help, not to make a buck off of other people's misfortune.

In fact, I suggest that you hire Joe Paskvan. Mr. Paskvan is in Fairbanks. His phone number is: (907) 452-1205. Mr. Paskvan has absolutely no connection with my office and I get absolutely nothing for recommending him. He's just a good personal injury lawyer. His partner, Ken Ringstad, is also very talented. Hire Joe or Ken to help you.

Or, consider calling the Alaska Bar Association's Lawyer Referral Service: 800-770-9999. It's free. If you like the web, contact the American Association for Justice (AAJ) for a free personal injury attorney referral. Finally, even though this is not an automobile-related wreck, take the time to check out SlowDownAlaska.org for a wealth of driving tips and insurance tips that will help you avoid getting mugged on Alaska's streets.Disclaimer: My law office built SlowDownAlaska.org to help injured Alaskans get a grip on injury law.

I wish you both a speedy recovery. /s/ Ward Merdes

Originally posted at InjuryBoard by Ward Merdes