A t tor n e y s A t Law

SPRING 2004

Brought to you by Jackson &Wilson Attorneys At Law

SENIOR PARTNERS

Jon Mitchell Jackson Lisa M. Wilson

23161 Mill Creek Drive Suite 150

Laguna Hills, CA 92653 949·855·8751 800-661-7044

FAX: 949·855-8752 e-mail:

attorneys@jacksonwilson.com Web site:

www.jacksonwilson.com

OFFICE HOURS Monday-Friday

9:00 a.m.-5:00 p.m.

PERSONAL INJURY PRACTICE.

. • Free consultation • No recovery. No fee.

We do not get paid unless you do.

• Martindale-Hubbell AV-rated firm

• Multiple-time member of The Million Dollar .

Advocates Forum . • Trial attorneys

Contingent fees are the key to the courtroom

The contingent-fee system is the "key to the courtroom" for thousands of Americans. It allows a person who has suffered an injury to bring a suit without having to have the money up-front to

pay his or her attorney. Rather than charging for legal services by the hour, an attorney agrees to accept a portion of any recovery in the case-usually one third. If the plaintiff receives no compensation, the attorney receives nothing. Without such a system, injured people could not have their cases considered in court and would be forced to accept whatever the defendant offered in compensation.

• Contingent fees promote efficiency ancl cliscourage frivolous lawsuits.

Since attorneys bear all the financial risk if there is no recovery or if the recovery does not cover their costs, they act as gatekeepers by rejecting frivolous or unjustified lawsuits. Attorneys also strive for efficiency, since extra costs come from their bottom lines, rather than their clients' pockets. In contrast, hourly-fee attorneys have an incentive to draw proceedings out to maximize their hours of billable time.

• Contingent fees are comparable to Itourly fees. Several recent studies have shown that, for the number of hours

worked, median fees on a contingent basis are comparable to the median hourly fees of attorneys in similar cases. There is no outcry over the level of contingent fees by the clients who actually pay them. In every state. courts have the right to reduce fees that are excessive in light of the work performed, and most jurisdictions have streamlined fee-dispute processes as well. There is no need for a rigid. statutory framework.

• Caps ancl artificial limits on contingent fees woulcl limit access to justice. Limits on contingent fees would make it more difficult for attorneys to accept cases with lower

damages. An attorney who routinely took cases of a low dollar value would soon go out of business if the fee was held to only ten percent. Contingent fees must be high enough to take into account the risk of losing, of receiving a low settlement, or of having to try the case through to appeal.

• Caps on contingent fees are one-siclecl, to tlte cletriment of injurecl people.

Proposals to limit fees never focus on the hourly fees charged by defense attorneys, some of whom charge hundreds of dollars per hour of work. Why should the Congress take action that will only affect one side in a civil dispute? The agenda of these proposals is clear-to take away the only person standing up for an injured person and demanding accountability.

The world is coming our way; why should we tamper with what works? Great Britain recently adopted a conditional-fee system similar to the American contingent-fee system. People understand that their lawyers will be more motivated if their fees depend on success. Even corporate lawyers who traditionally work on an hourly-fee basis are adopting "results-oriented" fees.

Recent troubling findings question the effectiveness of hormone-replacement therapy. Early on, manu­

facturers' marketing campaigns convinced doctors and their female patients that menopause was a medical disorder that could be successfully treated with prescrip­tion medications that had virtually no side effects.

Now, evidence suggests medications-particularly combination hormone-replacement therapy-not only

can cause cancer, heart attacks, and other serious side effects, but Here is a brief chronolggy of hormo.ne therapY's history. . also may be much less effective at 1959~A )our.tlal ofthe American Medical Association

~(JAMAI article reports a; 2~-year study showing that treating menopausal symptoms than previously believed.

·symptoms.. . . .... .estrQg!:lnptot~ts J)PJJ~and re~'@s menQP-£lu~gl

Although dozens of firms ,1962-:-",Brooklyn gynecologist RobertWilson's best-seller, manufacture medications for

Feminine Forever; recommends estrogen as the I'cure" for estrogen-replacement therapy "the tragedy oJ menopause." . (ERT), generally used by women 1975...,..ThirJy million prescriptions of Premarinare being who enter menopause following filled annually. surgical removal of the uterus,

· .1976"-:rhe New EnglandJourlial ofMeelicine (NEJM) ". Wyeth LaboratOlies' Premarin® is

reports ali~k beiween estrogen therapy andbreasl the most widely prescribed. For

•C!)ncer. '. combination hormone-replace­.198(},-Phannaceutical.manufacrurers marketERT and ment therapy (HRT), prescribed '. HRTfrom anew anglel claiming they p~~v~nt bone loss. for women who enter menopause 1985"-:Drug makers promote the first of severetl studies

which say that hormone replacement therapies prevent naturally through aging, the most

heart disease and bone loss without risk of cancer, commonly prescribed medication strokesl or blood clots. - . is Wyeth Laboratories' Prempro®. 2000:-The Women\Heolth_ Initiafive, part of the Nati~nal .... The most recent studies present additional worrying

.. lnstitutesofHealthl reports that . 6ndings. women taking Prempro experience a . May 2003-NEJM reports a new study which shows that small increase in head attacksl hormone-replacement therapies failed to improve sleep;strokesla~d blood c1ofs. ­ vitalityl and sexual sa:tisfaction or rE;lduce depression. ~OOJ JAMA'r~p~rtsthata 20~)'e51L 'Mo.Y-20Jll~ at!icle..suXSJbathoJJJ1oneJberop.y

•National Cancer Jnstitufe study-found' . . nearly doubles the risk of Alzheime(s disease. thatlongcterm ERT use significan~y June 2003-JAMA reports that even short-term use of HRT

--increased the risk of ovarian cancer. increases the risk of breast cancer and makes the disease 20Q2-Anothef JAMA article reports more difficult to detect. ;that Prempromay stemAlzheimerls '.­

·.disease. . - . " .­ Throughout 2003, class actions •2002-The NatiOnal Institute of Environmental Health have sought damages for injury

.- Sciencesr of the United Sto~s Deparhnent of tJealth, _. and death among women who · pfodis estrogen o~ thegoverilmenrsrosierof known. took Prempro, alleging its manu­: h~maii (circinogens. ­ facturer failed to use due care in ='-'---=------------'----:;"--:;;.. .:.;-;....:;;::...= designing and manufacturing it to reduce health risks, failed to conduct sufficient clinical testing and monitoring to determine safety, and failed to provide proper warnings to users about potential side effects.

The HRT situation continues to vary from month to month. For more information, please consult your attorney.

If you slip and fall ,S "lips and falls can b~ funny in , slapstick comedies when stunt , specialists, protected with padding

and knowing how to faU properly, , take on-screen tumbles.

But in real life, slips and falls are a leading cause of serious injury. Even the smallest trip-up can result in a great deal of damage to ankles, legs, arms, hands, the back, or the head.

What causes falls? Among the many , conuibuting factors are ice and snow, '---slipperyrnateriaIs-on -floors, stairs'with

faulty handrails, uneven concrete or. slate sidewalks, improperly secured'

" carpets or mats, and objects placed unsafeIy in people's paths.

Anyone who has a slip-and-fall accident and experiences injury should try to do several things. First, get . immediate medical assistance. Second, ask for the names; addresses, and phone numbers of witnesses who saw the fall. Third, try to save any evidence related

, to the fall, such as a squashed piece of , fmit and the shoes worn at the time.

Fourth, contact legal counsel.

Carpet hides drain A woman underwent arthroscopic

knee surgery and missed several months qf work after u'ipping and falling in a railway tunnel. Her attorney achieved a settlement for-her with theownersof - ­

the railway station tunnel after demon­strating that they had negligently created a dangerous condition by installing'

, carpeting that obscured the grate of a ' drain depression from her view.

AUTO ACCIDENTS Seven .slip~ups

Time and expeiience have shoWn that dllvers can make seven, , '., mistakes that foffeit rights al1dlimit opportunities fOl: fair ' , restltUtionin auto ac~idents. ' 'I. Failing to call the ~olice. WithOut ap official police aCcident record, it is, unfoitunate1y, one driver's word against the otner's about what happened. All claims'bear equal weight. 2. Consenting to working. out auto-damage repairs and medical­injury care with;a trustingbaildshake. People change theirminds

, ,. , . a~d tell different stories. . ' " ' , -3. Declining an. immediate checkup and ongoing medical assistance. A neck that statts hurting a week after the collision is 'harder to justify. Also; insurance companies ()ften counter that delayed pain may come, from anexisting condition or an earlier

or subsequent aceun-ehce. ..,' " ," '_ ,'. 4; ,Failing to collect or exchange information with other drivers, passengers; 'or eyewitnesses. The document trail of. eVIdence and -statementscanlTlllkeor break ac;laill1. " ,", -, ," ," " 5.,Forgetting.toriotify youl'insurance company. You paid the insurance premiums, but by forgetting to call, you may incur out-ofcpocket costs' that, the ihsurer should' cover. ' , '" . ' 6~ Saying "it was my fault." Be fair to yourself. This accident may really not have been your respo~sibility.

. 7."NotcQnsulting an attorney. It's often said, "He who defends himself is foolish." Omitting legal representation cedes your rignts to the other driver's insurance company.

Workplace iniuries Worlcers' compensa'ion no' always enough

,por a worker severely injured on the job, workers' compen,sa­tion is often a key source of financial support during recovery

and rehabilitation. A workers' compensation program is a state­operated and -guaranteed insurance plan that covers medical bills 'and replaces lost wages for employees.,'

But many workers' compensation programs limitbenefits fo~ seriously injured employees. Most replace, at maximum, only two-thirds of salary, exclude fringe benefits, and may be, capped forcost-of-living adjustments. Workers' compensation also usually offers

" no or little compensation for painand suffering. , ' Seriously injured workers face other restrictions as. well. Workers'

.compensation benefits may be cut or ended if the worker is judged to still . be able to earn money. Employers may also require a wor.ker to, take

additional medical and vocational examinations to assess the extent of disability and lost earning power..

Other pro'ec,i.,ns. . Injured workers, confronted by restrictions imposed by workers' compensation plans, can se~k legal counsel, which can sometimes identify other sources of financiai compensation and recovery equal to the

"cost of the employee's injuries. In somecaseS,mvestigatingthe aCcident , scene and talking to witn~ssescan lead to third-party Claims for ,compensation;

' , , . . ,

INJURY SOURCES Product liability-Manufacturers of machinery, equipment, or safety gear may be held liable for failing to exercise all possible care in the products they market. Inadequate warning or instruc~ons-Some products have built-in hazards that cannot be eliminated from design since they would inhibit cost-effective operation. Warnings must be included for such products. Contractor negligence-Outside vendors engaged to install equipment, design workstations, provide lighting, or support work processes may contribute to injuries. Premises liability-Dangerous conditions at the worksite or elsewhere, such as a poorly designed loading dock or inadequate safety considerations, may also cause or contribute to an injury.

JACKSON &WILSON Attorneys At Law 23161 Mill Creek Drive, Suite 150 Laguna Hills, CA 92653

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© Copyright 2004. Newsle~ers, Ink. Corp. All rights reserved. Printed in the U.S.A www.newsle~ersink.com The information included in this newsle~er is not intended as 0 substitute for consultotion with on o~orney. Specific conditions olways require consultation with oppropriote legol professionols.

CHILD DAY CARE

When selecting a day-care center, parents can learn much by asking specific

questions and inspecting documentation covering licensure, staff qualifications, and policies. They can also review procedures for -"""-­emergencies, first aid, and fire drills.

Parents can also learn more by the "feel" they get by walking around and watching caregivers and children interact. They can see if staff members enjoy being with youngsters, if they treat them fairly, and if children feel happy and safe.

Here are several general safety and security considerations for parents... v.' Are fire regulations met? V' Do steps have safety treads and handrails? V' Is lighting adequate? V' Are outdoor play areas fenced and clean? V' Is someone always watching the children? V' Are playrooms warm or cool enough? V' Are child drop-off and pick"up secure?

BE CAUTIOUS No matter how carefully parents inspect a day-care facility, problems can

always arise. After a toddler drowned in a pool located at a day-care facility, his father sued the owner, alleging negligerlt supervision. His lawyer demonstrated that the child died because he had been placed in an unauthorized and unlocked play area adjacent to the pool.

Workers' comp

W orkers' compensation rates to employers are on the rise due to

increasing health-care costs, insurance­industry price wars, and poor insurance­industry investments made dming boom-and-bust cycles over the past dozen years.

As their insurance rates have in­creased, most businesses have tried to control costs of state-run programs through awareness, training, and acci­dent monitoring to reduce workplace injuries.

Some less scrupulous companies are trying to keep workers' camp premi­ums low through dishonesty and un­fairness to employees. A common response is to reduce staff and give fewer workers more duties. Industry investigators found that some busi­nesses downgrade the risk-level classifications of some employees. If these higher-risk workers are hurt, employers then attempt to pressure them into not reporting injuries or seeking medical attention. If that doesn't work, the employer can deny "Our civil justice system is the 'moral compass' for American business because it compels

companies to integrate safety and responsibility into their culture." the employees' right to file claims, or -U.S. senator speaking to a corporate CEO even terminate that right.

Contact an attorney for assistance Together with the help of fellow consumer attorneys, we work hard each and every day to actively support your individual rights. We will never Jet powerful interests close the doors of about workers' rights to receive bene­our justice system to our clients and their families! fits under workers' compensation laws.