Home

Austrian Train Injury Case Has No Legs In US Court

Posted by on 10:54 am in Hiring a Lawyer, Lawyer Prices and Billing, Technology and the Law | Comments Off on Austrian Train Injury Case Has No Legs In US Court

Austrian Train Injury Case Has No Legs In US Court

It was made clear that the Supreme Court does not want Carol P. Sachs, from California to take legal action in a US court for injuries sustained in a train accident in Austria.

Carol P. Sachs Accident

Sachs was boarding a train located in Innsbruck but lost her legs in the process. She wants to take legal action in a Californian court because she purchased her train ticket online in the United States. The ticket was purchased online from a Massachusetts travel agent.

Objections to the Lawsuit

It was agreed by many that this lawsuit should not be held in the US because the incident occurred in a foreign country. According to Justice Ruth Bader Ginsburg the connection of the case with the United States was minimal. It only involved the purchase of a ticket in Massachusetts for over thirty railroads. It’s the only event in the case that occurred in the United States. Everything else happened in another country. Other scenarios were put forward by Justice Elena Kagan. She wondered how viable it would be to take a case against a US ticket company if they sold an opera ticket to someone and they had an accident in the theatre. She seemed to suggest that this was a ridiculous idea and that the same was true for the lawsuit Carol P. Sachs wanted to take. Next to comment on the matter was Justice Stephen G. Breyer. He has experience writing about the American legal system and the global economy. He did not know of any other country that would allow a case like this to take place.

The Real Issue

The real issue at the heart of this case was the situation regarding the Austrian owned railroad. In principal the Austrian government is given sovereign immunity if there is an incident like this. However, the issue gets more complicated if the purchasing of the ticket takes place in the United States.
Carol P. Sachs lawyer, Jeffrey L. Fisher felt the purchasing of the ticket in the United States meant it was an important part of the transaction, even though the accident took place in another country. He said selling the ticket was just as important as taking the train in this instance.
The railroad lawyer Juan C. Basombrio indicated that as a ticket seller you could not be responsible for the safety and conditions present at every European railway station.In case you want to sue a bank feel free to contact suing banks for more advice.

It was stated by Edwin S. Kneedler who is a deputy solicitor general that it was wise for the United States legal system not to get involved in proceedings in another country like this. Jeffrey L. Fisher still felt the case should be considered. He said it was unique and changes were taking place that would avoid this issue in the future. Despite this Justice Ginsberg did not agree with Fisher.

Aunt’s Subrogation Suit Incites Flame Wars

Posted by on 10:44 am in Lawyer Marketing Tips, Lawyer Prices and Billing, Technology and the Law | Comments Off on Aunt’s Subrogation Suit Incites Flame Wars

Aunt’s Subrogation Suit Incites Flame Wars

What is a quite common routine in litigation suits for insurance claims mounts to a flame war for Connecticut resident Jennifer Connell over an innocent hug. Subrogation, the act of suing another insurance agency to pay claims when one’s own insurance company refuses to cover medical bills, has brought a family to tears and incited a social medial flame war against loving Aunt Jennifer. What amounts to a simple homeowner’s case has the media frenzied due to the 12-year-old involved in the suit, who was only eight years old at the time of the incident.

Social media goers and media personalities have used Jennifer as part of a frenzy of attention, even calling poor Jennifer “Auntie Christ” stating she maliciously is suing her “nephew” and painting her as a cold and calloused personality looking for a payout. There is truth in this case, and it’s on the side of insurance companies, not loving “Auntie” Jennifer.

A Hug and a Broken Wrist

When Jennifer visited her cousin’s son, his exuberance at seeing his “Auntie” resulted in breaking her wrist. The hug, while innocent, was so forceful it resulted in lasting injuries that made it near impossible for Jennifer to even hold a simple plate. She told CNN reporters that she loved her “nephew” and knows he would never wilfully hurt her, nor would she hurt him. Instead, she still visits him regularly and even has taken him Halloween shopping after the incident.


The Purpose of the Suit

Jennifer has no intentions of becoming rich off this lawsuit, she simply wants help with her medical bills for the treatment of her broken wrist when her own insurance company failed to foot their part of the bill. In what is known as a subrogation, her insurance company is suing her cousin’s insurance company for damages and loss of lifestyle in an effort to see if the unpaid medical bills, over $127,000, can be paid by a homeowner’s claim.

No Animus, No Malice, Simple Compensation Case

In a simple case of what seems to be negligence, Jennifer and her insurance company are not seeking malice suits, but simple compensation for medical bills. If her medical bills are not paid, they could forever alter her life, destroying her current lifestyle and ability to enjoy time with her close-knit family.
Further, Ben Maher (a professor of insurance law at the University of Connecticut) states that insurance policies are designed to cover negligence. “In the U.S.”, he explained, “it is common to sue only up to the amount of coverage”. Citing a simple accident, he goes on to intimate how one might sure the minimum coverage of $20,000 in an automobile accident.

Top 10 Ways to Get Fired By Your Lawyer

Posted by on 8:13 am in Hiring a Lawyer, Lawyer Marketing Tips, Lawyer Prices and Billing | Comments Off on Top 10 Ways to Get Fired By Your Lawyer

Top 10 Ways to Get Fired By Your Lawyer

Yes, it happens. Fired by your lawyer? Seems like an odd concept. Won’t a lawyer take any client willing to pay? Indeed some will. The best ones will not. Life is simply too short.
If you treat your lawyer like a commodity, you run the risk of losing the most important part of the attorney/client relationship. Even if you think you only need the lawyer for a single project, there are certain things you, as a client, can do to sabotage the relationship.

Lie to Your Lawyer

There is a saying that doctors and lawyers should never lie. The lawyer is the one who represents you in court and everything you tell him he will use in your defense and benefit. It must therefore be maximally honest. Otherwise attorney will cease cooperation with you.

Ask your Lawyer to Lie for You

This is even worse! Hardly any lawyer will cease to lie to you and thus potentially endanger his career and a good reputation.

Slow Pay

Failing to pay your bill within 30 days of the invoice is no guarantee your lawyer will fire you, but it certainly does not help. If you have a concern about the bill, contact your lawyer immediately to discuss it. If you wait until your lawyer contacts you, it is more likely that your lawyer will view a dispute as a delaying tactic, rather than a genuine issue with his or her services.


Call your Lawyer After Hours

While I receive calls after hours, it is almost always a genuine emergency. If you you discover a genuine problem after hours, your lawyer should provide some way to contact him or her for immediate advice. There are no hard and fast rules regarding after hours contact. Some clients, by the very nature of their business, require more after hours assistance. Fortunately, it should be fairly apparently from the tone of your lawyer’s voice, whether or not you are abusing this privilege.

Be Difficult to Contact

Your lawyer receives a lot of time sensitive information on your behalf. Nothing is more frustrating than losing a great opportunity for a client just because the lawyer could not reach the client in time to capitalize. You end up spending more money for a worse result, leaving everyone unhappy.
Your case is something that is at the moment the most important and you should be always available to your lawyer.

Hold Everything to the Last Minute

If you anticipate having to request your attorney doing something at the last minute, let them know so they can make room in their calendar. One last minute request is not going to sour a relationship, but if it starts to become a habit, your lawyer may decide to end the relationship before your next eleventh hour request comes 59 minutes too late.


Ignore your Lawyer’s Advice.

Lawyers are not always right. If you do not agree with your lawyer, tell him or her so. If you want to proceed along a different path, a good lawyer should be able to lay down the best strategy for this new approach. Well-known co-operation between the missouri personal injury lawyer and clients in Missouri…