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LOSER WHO PAYS IS A LOSER

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The new tort reform banners proclaim that plaintiffs who lose civil trials should pay the attorneys fees and costs of the defendant. Mind you, they do not advocate that losing defendants also pay the winning plaintiffs’™ attorneys fees and costs. The one way, loser pays street is a sure dead end for justice and access to the courthouse.

A one way loser pays law would do nothing more than prevent individuals and small business owners from redressing civil wrongs in the courts. The risk of having to pay the other side’™s enormous legal fees and costs will prevent them for standing up for themselves. Sadly, that is exactly what loser pays laws are designed to do.

Loser pays severely harms small businesses by preventing them from filing lawsuits on past due accounts, breached contracts, partnership disputes, and the like. Unlike wealthy corporations, small business will not be able to afford the risk of losing at trial.

The fact is that taking a case to trial is no sure thing, not even for the best case. Lawyers cannot predict with any certainty whatsoever what a jury will do in any given case. Cases that were soundly based on the facts and the law are frequently lost in jury trials. The reason: The enormous amount of undue influence placed on Americans by tort reform groups, political candidates, corporations, and the like. Americans have been inundated with trial lawyer bashing and anti-plaintiff/anti-lawsuit rhetoric, little of which has any truth and are nothing more than wild, cleverly crafted stories.

When these very same Americans are called for jury duty, this undue influence that uses fear and threats to change public opinion morphs into jury tampering. Jurors bring to the courthouse and jury box their fears of doctors leaving the state if damages are not capped in malpractice cases, the cost of consumer goods rising from frivolous lawsuits, teachers quitting if parents are allowed to sue them (which cannot be done, anyway), the lose of jobs from lawsuits, and much more.

So when your state legislators seek to pass laws that make the losers pay the winner’™s legal fees and costs, see if for what it is: Corporate immunity. When corporate America wins, Americans’ access to the courthouse is blocked and we all loose.

In 30 years I have never filed a frivolous lawsuit, nor do I know any other trial lawyer who has. The reason is simple. It costs hundreds of dollars for the filing fees alone, followed by tens of thousands of dollars in costs for pre-trial preparation and trial and years of the attorneys’ and their support staffs’ time and efforts.

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Radiation: Huge Doses in Japan, Small Doses Right at Home

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The devastating earthquake and resulting tsunami seriously damaged some of the Japanese nuclear power plants. Massive amounts of radiation leaked from the damaged reactors and will likely have affected thousands of people. However, the number of injured and the extent of their injuries may likely not be known for decades. The atmospheric risk to Americans on American soil from these leaks is very, very small, and likely non-existent.
What you may not know is that we Americans are exposed to radiation on a daily basis, right in our homes, at work, school and at play. We all generally know that we are exposed to radiation from medical diagnostic equipment such as X-Rays and mammograms. What most Americans do not know is that we are exposed to radiation from common, household and work-place items. The FDA lists the following non-medical products and procedures as being regulated for radiation emission:
Cell Phones
Compact Fluorescent Lamps (CFLs)
Laser Light Shows
Lasers – Non-medical devices, including Industrial, Scientific, and Consumer Laser equipment, Laser Light Shows, and Laser Pointers
Microwave Ovens
Security Systems
Sunlamps and Sunlamp Products (Tanning Beds/Booths)
Televisions and Video Display Monitors
It makes sense that even frequently repeated exposures at very low doses can cause injury. We know radiation can cause an array of injuries from serious skin irritation, to severe burns and cancer. We do not know how much radiation exposure we are receiving from these products, and what that exposure will mean in terms of bodily injuries. Intense, close exposure will result in a burning of the skin. Prolonged exposure at lower levels may produce tumors after a 20 30 year period (latency period). As with pharmaceutical and medical device product liability litigation, litigation over injuries sustained as a result of exposure to radiation emitting products will require scientific evidence that unequivocally demonstrates a least a doubling of the risk of injury from these products. Further, it is unlikely that such scientific evidence exists for all radiation emitting products and whether the product warnings at the time of exposure were sufficiently detailed and specific at the time of the radiation exposure to warn of their potential for serious injury.
Think about this: We are all exposed to a number of these low radiation emission products multiple times if not constantly – throughout the day. We likely will not know we have suffered an injury for the entire 20 30 year latency period. The law will make it our responsibility to read the warning labels on these products and do our part to avoid injury. We would be well advised to read warnings, check radiation emission levels of the products we use every day, and reduce the risk as much as possible. That could mean not using or at least reducing the use of cell phones, microwave ovens, security systems, and televisions. That likely will not happen, and would result in a whole host of immediate social and psychological injuries. You might say we are damaged if we do and damaged if we don’t.

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Paying My Bills While Auto Accident Lawsuit is Pending?

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If you have been injured in a car, truck or motorcycle accident, you may have a lot of medical bills. Even if you have a personal injury lawsuit to recover the cost of your medical care, that money is not in your hands yet. You may be unable to work and not have access to temporary or long-term disability payments. Even if you do, they may not be enough to cover your bills, including your mortgage, car payments, utilities and food expenses. When you still have to pay all those obligations, but there’s nothing coming in, what can you do?
At Bailey & Galyen, we have protected the rights of motor vehicle accident victims for over 28 years. We know first-hand how difficult it can be to simply survive financially when you can’t work because of injuries suffered in a car, truck or motorcycle accident.
A Cash Advance from Your Potential Recovery
One option available to many people is what is known as lawsuit financing. Under this type of arrangement, a financing company will advance money to you in exchange for a portion of any recovery you receive. Funds can often be in your hands within 24 to 48 hours.
You must qualify for this type of funding, though. Because your eligibility is based on the strength of your case and not on your personal credit, a credit check is not necessary. However, the financing company will meet with your attorneys and gather all necessary information to determine the quality of your case, reviewing the evidence, questioning witnesses and looking at all relevant documents, including
• the police report
• medical records, such as bills or reports
• your contingency fee agreement with your attorney
• proof of the defendant’s insurance coverage
Your lawyers may have a vested interest in helping you obtain this type of funding, because it can alleviate the need to settle early for less than you deserve, simply because you need to keep your home or other assets.

If you have questions concerning our legal services or wish to arrange an appointment with one of our Bailey & Galyen attorneys, please call our office at 800-529-8008.

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Texas Personal Injury Trial Professionals

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The Law firm Of Bailey & Galyen is a preeminent firm in the litigation of personal injury lawsuits on behalf of clients negligently injured in Texas, Missouri, and Florida. We represent people who are seriously injured each year as the result of negligence on the part of another person or organization.

Bailey & Galyen is a multi-practice law firm with headquarters in Dallas. Since 1982, our attorneys have been solving legal puzzles for clients across Texas and the U.S. We have established a tradition of excellence in legal service and a strong commitment to the neighborhoods in which we live and work. With a dozen convenient offices from Dallas to Houston as well as three locations in south Texas, our law firm has moved to a nationwide expansion in major cities of Florida and Missouri.

While a broad range of Personal Injury and Wrongful Death cases are a major focus of our law firm, our attorneys assist clients in diverse practice areas. In addition to Board Certified lawyers in personal injury, we have specialists in Criminal Trial Law and Family Law. Our firm also regularly handles Immigration, Social Security and Employment Law cases.

Personal injury cases are often complex and time-consuming. When you have suffered serious injury or have lost a loved one due to the negligence of another, there is no substitute for high caliber legal know-how found at Bailey & Galyen. Armed with more than 50 years of combined trial experience and well-known for their arbitration and mediation skills, our attorneys will guide you, navigate the legal maze and help you recovery damages in your personal injury lawsuit.

At Bailey & Galyen, our attorneys represent clients injured in accidents involving cars, trucks, 18-wheelers, motorcycles and SUVs as well as boats, swimming pools and tragic mishaps at amusement parks. Medical malpractice, product liability and prescription drugs comprise a significant portion of our work in other injury cases.

When you turn to Bailey & Galyen, you can count on our legal expertise and our commitment to meeting the highest ethical and legal standards in resolving your case effectively and efficiently as possible.

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When an accident happens …. the first Steps…

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sanderfer

When an accident happens, we rarely think clearly, especially if we are injured. Our adrenaline is pumping, we are in a state of shock and much of what we do is automatic.

But what you do in those first moments after an accident can make a huge difference later in a lawsuit. Let’s discuss what you should do.

First, take notes. Your knowledge of what happened at the accident will NEVER be better than it is at that moment.

Write EXACTLY what happened. Start with what you were doing before the accident and what happened during and after the accident. Write down who was with you, what you were doing, what you saw, what you heard, etc. Write down anything anyone else said, including the other driver, the police, witnesses, etc. Be sure to include the weather and road conditions in your narrative. Finally, write down witness names and phone numbers.

Write down your injuries. Write down what hurts, how it was injured and how much it hurts. Later, supplement with information about pain increases, things you could not do, activities you had to miss, appointments you could not keep and problems the injuries caused you.

As your claim process moves forward, be sure to add to your notes. Make notes of any conversations you have with doctors, policeman and, more importantly, insurance adjusters.

Make a diary of your injuries. Include how you feel on a day-to-basis. Make notes about how the accident and subsequent injuries affect your daily life.

Accidents are no fun. But what happens afterward is usually even less fun. By taking good notes about your accident, you can help ensure better and fairer treatment from those who handle your claim.

The Texas Personal Injury Lawyers at Bailey & Galyen offer quality legal services and representation to clients throughout Texas, including Arlington, Bedford, Dallas, Fort Worth, Grand Prairie, Carrollton, Plano, Weatherford, Mesquite, Houston, Clear Lake, TX.

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