James E. Morris, Esq.

On November 13, 2012, the American Association for Justice announced a new grassroots campaign called Take Justice Back. The purpose of the campaign is to educate the public on corporate efforts to limit the effectiveness of the civil justice system and to encourage activism.

The civil justice system gives power to people who are injured and forces corporations, employers, dangerous drivers, doctors and other negligent or careless individuals to obey the law and take responsibility for the consequences of their actions. Our Buffalo accident attorneys applaud the efforts of “Take Justice Back” to draw attention to the corporate pressure for tort reform that limits the effectiveness of civil justice.

What is Take Justice Back?

Take Justice Back is a campaign to fight for the rights of accident victims, employees and customers and to stand up against corporations that want to limit those rights. Corporations and special interest spend hundreds of millions of dollars in an attempt to limit their exposure to liability and Take Justice Back is working to help consumers understand what impact these corporations are having and to fight back.

Specifically, Take Justice Back is intended to help educate consumers on what tort reform is, what tort reform really means, and why the corporate line on tort reform doesn’t represent the whole story.

Understanding Tort Reform

Tort reform is a method of changing the civil justice system or limiting access to it. One method of doing this is by putting damage caps on the amount that a victim can recover in a lawsuit. New York currently has no cap on damages in malpractice lawsuits or other personal injury cases, although the Daily Health Report indicates that Governor Andrew M. Cuomo attempted to impose a $250,000 limit on medical malpractice lawsuits as part of efforts to restructure Medicaid. Currently, almost 30 states have such caps in place.

Those who argue for damage caps indicate that they are necessary to keep medical costs down. The reality, however, is that there is no evidence that damage caps lower the cost of insurance premiums or lower health care costs. In fact, according to WNYC.org, after Texas passed damage limits in 2003, health insurance premiums still went up 46 percent for individuals and 52 percent for families by 2010.

Most importantly, damage caps take away one measure of accountability for healthcare providers and leave innocent victims without full compensation for injuries they suffer at the hands of negligent doctors. If a patient suffers more than $250,000 in non-economic damages- which is certainly likely if a doctor causes egregious harm, or even injures or kills someone- the patient will be left uncompensated while the healthcare provider and his insurer walk away without every paying for the full consequences of a careless mistake.

The American Association for Justice reports that an Institute of Medicine’s (IOM) study showed that approximately 98,000 people die each year as a result of preventable medical mistakes. With so many injured, there may be a lot of patients who do not get the compensation they deserve.

Other Tort Reform Efforts

While medical malpractice is often a prime focus of tort reform, there are also other tort reform efforts in place as well.  For example, forced arbitration in contracts is one big issue. More and more companies are putting arbitration clauses in contracts mandating that customers and employees address their complaints in arbitration instead of in the courtroom.

A 2011 case called AT&T v. Mobility even gave corporations the right to effectively prevent class action lawsuits by requiring arbitration instead. PayPal is one company that has taken advantage of this new rule and included a clause in its contract that took effect on November 1. The clause requires that all disputes be handled in arbitration.

When a company commits a small wrong against many, class actions are often the only way to take action in a manner that is economically feasible and worthwhile as far as the time investment. Without the ability to form class actions and go to court, companies are essentially immune from being held responsible for small injustices.

The Efforts of Take Justice Back

Take Justice Back aims to educate the public on both the myths and misconceptions about tort reform. Take Justice back will also be sharing personal stories from plaintiffs who have been denied justice as a result of tort reform efforts. On their website, they also offer important news on the issue of tort reform and limitations that big corporations are attempting to impose on the rights of public.

Their grass roots efforts are an important step in telling the public the real truth about tort reform and in helping the public to fight against the large corporations and special interests who want to avoid legal accountability for their actions.

If you’ve been injured in Buffalo or the surrounding area, contact the Law Offices of James Morris today for a free consultation to discuss your rights. Call 716-855-1118.

Additional Resources

Valuing Your Case, Personal Injury Law Blog, August 7, 2012

It is a good idea to bring a copy of your own insurance documents (declaration page), when you first meet with your attorney. Your attorney’s office can also obtain this information if necessary, but as the article above mentions, the client can sometimes access this information quicker.

You should also bring with you other information your attorney may need to begin working on your file. For instance, for a personal injury matter, this may include the names and contact information for all your treating physicians, or copies of police accident reports. There are often key deadlines early on in a potential lawsuit, so the more information your attorney has on hand from the outset of your case, the better.

Keep all documentation, including letters and bills from doctors and insurance companies. Discuss with your attorney early on what types of documents they may want you to forward to their office, and be sure to do so in a timely fashion. This will help to ensure the attorney will always have up to date information in your file when they need it. Sometimes it is as simple as mailing (or e-mailing) it to the office when you receive it, or leaving it with the assistant or paralegal in charge of your file.

Keep a list of questions you would like to discuss with your attorney, as well as notes about what happened since the last time you spoke, which will help you make the most of your next appointment.

For a personal injury or medical malpractice case, it can be useful to keep a calendar documenting symptoms and keeping track of all your medical appointments.

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To combat these continually rising numbers, several car companies are implementing collision avoidance systems. These systems rely on a series of sensors located in both the front and rear end of the vehicle to alert the driver when he or she approaches external objects like nearby cars, parking ramp walls, or light poles. More intuitively, certain systems notify drivers that they must reduce their speed around upcoming turns and by how much to do so.

A real-world example of a collision avoidance system in action applies to a driver attempting to switch lanes. With the system intact, if a driver tries to prod his way into the left lane without noticing the large semi in his blind spot, the avoidance system belts out a word of caution alerting the driver of the nearby vehicle, thus preventing a potentially serious or fatal car crash. In certain brands, the car will actually swerve itself in the opposite direction to prevent the unsafe lane change.

Though many companies now include this technology in their vehicles, Swedish car manufacturer Volvo is at the forefront. Not only does Volvo’s system alert a driver if he or she is nearing a vehicle, but it also enables the car to slam on the brakes if the driver does not do so. Take a look at the video below to see Volvo’s collision avoidance system in action.

What most people fail to realize is that, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulation of 1995, employers are required to report all accidents in the workplace regardless of the incident’s severity. For this reason, it is imperative that employees do their part in recognizing when workplace accidents occur and properly recording them for employer review.  This requirement extends beyond the realm of erroneous human behavior to include spread of diseases and illnesses as well. Employees and employers should take every measure possible to prevent workplace accidents. The list below provides four preventive measures to take in every workplace:

1. Safety Training for New and Current Employees: As part of orientation, all employers should enforce a rigorous safety training session to assure that employees know what to do if a workplace accident occurs.
2. Ongoing Safety Education: an initial safety orientation is a good start, but continuing safety education in the workplace at regular intervals can save employers thousands of dollars in the long run if a workplace accident were to occur. Monthly safety meetings, bulletin board reminders and occasional informational video sessions are all good ways of continuing an employee’s safety education.
3. Provide Necessary Safety Equipment: easily the most obvious point on the list, but also the most important. Without necessary safety and first-aid equipment readily available, an accident in the workplace can go from bad to worse in minutes. Essential safety protection includes eye goggles, adhesive bandages and ear plugs.
4. Proper Training for Specialized Machinery: if your organization uses any sort of occupational-specific machinery, necessary training in machinery function should be given to all employees who will use it. This sort of training should not occur on the job, but rather before the employee begins work.

When word first broke on campus that a gunman opened fire on his classmates, university police dismissed him as a jealous boyfriend posing no further threat to the student population, or so the prosecutors lead jurors to believe. Despite yielding both .22 caliber semi-automatic and 9 mm handguns, the prosecution provided evidence that university police waited two and half hours before responding to the first shots on campus according to the Washington Post. Once a response was finally set in motion, the police pursued the wrong suspect, allowing the gunman to chain-lock the doors of Norris Hall and continue his massacre.

In a case like this, it’s difficult for a wrongful death attorney to establish responsibility or determine who was negligent  due to the complexity of the situation. But grieving parents need some sense of closure in directing blame for the death of their child. Since the gunman was unable to stand trial, the parents attorneys attempted to prove the elements of negligence in the university police’s error in judgment and response.

At James Morris Law, in wrongful death situations involving car accidents,  construction accidents or other types of negligent cases, it is our job to bring justice to those who’ve lost a loved one. If you’re in need of a buffalo personal injury lawyer, or buffalo wrongful death lawyer  call James Morris Law today, 716-855-1118.

President Kelmachter stressed that there is no malpractice “crisis” in New York, pointing out that since 1991 insurance premiums have risen less than the rate of healthcare cost inflation. President Kelmachter advocated for greater efforts to reduce medical errors, stating that “the biggest driver of malpractice insurance costs is tragic and preventable medical errors themselves.”

Children are more susceptible to lead poisoning due to an underdeveloped digestive system and ease of ingestion. The Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry suggest that a child’s digestive system absorbs up to 10 times more lead than that of an adult, and will excrete only 32% of the absorbed lead, as opposed to 99% excreted by an adult. Children ingest lead through everyday behaviors like sucking their thumb, eating with their hands or even playing with certain toys, making lead poisoning difficult to prevent.

Once a child ingests lead, diagnosis of lead poisoning can be costly and mistimed. There are few, if any, external signals alerting parents that a child has ingested lead. A doctor administered blood test is the only conclusive way to tell if a child’s lead levels are elevated. Through early detection of lead ingestion from lead-based paint or from another lead source, parents alleviate I.Q. decline, physical and intellectual debility, attention deficit disorder, delayed reaction time,  and kidney damage that may occur to the child later in life.

Don’t let your child fall victim to lead poisoning at the hands of lead based paint in your home. If your child has tested positively for lead poisoning due to exposed lead paint, call a Buffalo personal injury lawyer today. Contact James Morris Law at 716-855-1118.

                The modern bully is a lion, pouncing on its prey at the mere scent of weakness and attacking any flaw of character or lifestyle. The trouble with this lion is that it hunted its way out from the confines of the classroom jungle and into the open world of the internet.  While we’re all familiar with the tragic tale of Jamey Rodemeyer—a 14-year-old boy from Williamsville who cut his life short in the bloom of his youth due to years of psychological abuse both in person and online throughout middle and high school—his story is one fish in a sea of recent teen suicides at the hands (and words) of bullies. Even more disturbing is the account of Ashley Billasano. Huffington Post reported last week that Ashley, a victim of molestation and forced prostitution by her own family, tweeted 144 cries for help before killing herself, receiving not a single response from any of her 500 Twitter followers. And if you think it can’t get much worse than that, Huffington reported just days ago that 10-year-old Ashlynn Connor hung herself with a scarf in her closet after being called a “slut” by her elementary school classmates. Amidst these tragedies however, peeks a ray of sunlight.

                Parents are beginning to turn to the justice system to combat this incessant wave of bullying.  After their son suffered a traumatic brain injury, the parents of David Osama Hadaad pressed charges against Lake Central School in Indiana for not intervening while David was brutally attacked in the hallway due to his Middle Eastern descent.  According to the Huffington article that ran last week, the family has accused the school of not only failing to intervene, but of violating David’s civil rights as well.  None of the attackers faced punishment and David was suspended 10 days for the single defensive punch he threw.

                Don’t let your children be victims any longer. It’s time to stand up against bullying. Call the Law Offices of James Morris now, 716-855-1118.

The lawyers at the Law Offices of James Morris have years of experience representing injured victims.  Contact James Morris today.  We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Each year, more than 2.5 million rear-end collisions take place nationwide, according to the National Safety Council. That’s a rear-end accident every 12 seconds! Just recently, police in Western New York responded to numerous rear-end collisions due to icy road conditions throughout the region.

Snow and ice-covered roads often result in rear-end collisions. Other common causes of rear-end collisions include:

• Distracted drivers. Motorists talking or texting on cell phones often don’t realize they’re about to drive into another car.
• Excessive speed. Drivers traveling too fast often times don’t have enough time to stop or avoid a rear-end collision.
• Defective equipment. A car might have defective parts, have not been repaired correctly or may even be subject to a recall.

Rear-end collisions sometimes happen at low speeds in parking lots or near crosswalks. But even when vehicles are not traveling fast, rear-end collisions often result in injuries. Many accidents result in cervical or lumbar strain injuries. Other times, people sustain more serious injuries such as herniated cervical or lumbar discs. Rear-end collisions can even result in death.

What would you do if you were injured in a rear-end collision? What if you couldn’t work for weeks or months? How would you pay your bills? You need someone experienced with handling such complicated cases. You need someone who understands New York State’s complex legal system. You need someone determined to get results for you. You need the Law Offices of James Morris.

James Morris was selected by SuperLawyers in the personal injury field in 2009 and 2010 as one of New York State’s best lawyers. When you choose James Morris, you get an attorney dedicated to working tirelessly to win your rear-end collision case.

Don’t let a rear-end collision derail your life. Demand justice. Contact James Morris today.  We mean business.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

Sadly, children drown more often than you may realize. Among children 1 to 14 years old, drowning is the second leading cause of accidental deaths nationwide.  And among the 3,443 people who died nationwide from drowning in 2007, one out of five victims was under 14 years old.

Swimming pools are magnets for children on a hot, summer day. But children can drown just as easily in several inches of water in a bathtub. And for every child who dies from drowning, another four must be rushed to an emergency room for nonfatal injuries caused by being submerged under water.

Injuries sustained by children who survive a drowning can be severe and change their lives forever. Being submerged under water for just four to six minutes can often result in permanent brain damage.

Sometimes, children drown accidently. Other times, other people’s reckless behavior results in your child’s death or injury. That’s why laws exist requiring swimming pools to be fenced in. That’s why responsible adults put life preservers on children every time they ride in a boat. Accidents happen. Be prepared.

Every parent dreads experiencing such a horrific accident. We all believe we will share our entire lives with our children. Losing them in such a traumatic way can be shattering. Knowing what to do next can be baffling. We can help. We’re the Law Offices of James Morris.

Serving Buffalo and other communities throughout New York State, James Morris has years of experience representing children and their families. Don’t delay. Take action. Contact James Morris today. We’re on your side.

Unfortunately, more motorcycles means more accidents. In 1998, there were 2,294 fatal motorcycle accidents and more than 49,000 motorcycle injury accidents nationwide, according to the NHTSA. In 2007, there were 5,174 fatal crashes and more than 103,000 injuries nationwide. That’s more than double the number of fatalities and injuries in less than 10 years. And just recently, a 20-year-old Buffalo resident was killed when his motorcycle collided into the side of a bus.

Are you street smart? Are you conscious of motorcyclists when you’re on the road? Many people mistakenly blame motorcyclists for many of these accidents. Instead, many motorists are often to blame for these tragic events. Sometimes they don’t see a motorcycle. Or drivers mistakenly believe a motorcyclist is farther away than they actually are on the road.

Many New York State motorcyclists take safety courses to improve their skills on the road. New York also requires motorcyclists to wear a helmet at all times.

Share the road. Be aware. Be safe. And if you are involved in a motorcycle accident, take action. Contact the law offices of James Morris. When you chose us, you get experienced motorcycle accident attorneys who understand the law and will work tirelessly to secure you the compensation you’re legally entitled to after a motorcycle accident.

Don’t let a motorcycle accident ruin your life. Contact James Morris. We’re on your side.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.

And what if you need accident at work compensation? Or you’re a guest at your friend’s rented apartment and you get injured? What should you do? Questions often lead to more questions in tenant injury cases.

Common household injuries cover a wide range, including head injuries and broken bones. In some cases, certain tenant injuries can be extremely severe, sometimes even resulting in someone’s accidental death.

Each state has unique liability laws. In New York, the landlord is required by law to safely maintain common areas for tenants. Landlords can often be held liable if authorities determine the landlord was negligent in maintaining the property.

Your lease could also play a big role in what happens. Some leases include liability exemption clauses. Often, an exemption clause only applies to the tenant. That is the law in New York State. That means a landlord can be held liable for injuries to a third party on the property, even if there is an exemption clause. But such laws vary in other states.

Tenant injury cases are complicated. We can help. Contact the Law Offices of James Morris today. When you chose us, you get experienced tenant injury lawyers who thoroughly understand the law and know how to aggressively fight to get you the justice you deserve.

Don’t let insurance companies or landlords push you around. Take action. Contact James Morris Law today. You have rights. We’ll fight for them.

The information contained in this communication is provided for informational purposes only and should not be constituted as legal advice on any subject matter.