I've written before about what steps to take to be a knowledgeable and informed patient. Here is another list of pointers entitled For Patients: Ten Safety Take Home Tips from ECRI Institute which I thought was very good. This is common sense stuff that we all need to remind ourselves of when speaking with our medical providers and being responsible for our own medical care.
Why does former personal injury lawyer Jeffrey Abramowitz gives all personal injury lawyers a bad name?
Jeffery Abramowitz has been accused of stealing from his clients.
According to the recent indictment from the U.S. Attorney’s office in Philadelphia, from March 2005 to December 2008, Abramowitz represented to the firm’s clients that funds from their personal injury settlements would be held in escrow by the firm. Instead of depositing the settlement funds into the law firm’s escrow account, as required of all lawyers under Pennsylvania law, he was depositing the settlement checks into his personal bank accounts. Then he spent the money. The indictment also alleges that Abramowitz negotiated legal claims and executed settlement agreements in personal injury cases without the knowledge or consent of his clients, lied to clients regarding settlement amounts, and created false documents to further his scheme. The indictment said he spent the embezzled funds himself or diverted them to a favored client, only described as “D.P.” This was all to the tune of over 1 million dollars.
Abramowitz’s former law partner, Mitchell Klevan, said when he discovered what Abramowitz was doing, this was in December 2008, he locked Abramowitz out of their law office and has not spoken with him since. He said he began investigating complaints made by clients and took information to federal prosecutors in early 2009. “I don’t know if I’ll ever get over the depth of betrayal from someone who was a partner that I trusted like a brother,” Klevan said. “He brought this on himself and I just hope justice is served for all of the victims.”
Abramowitz’s license to practice law has been suspended in Pennsylvania and in the Federal District Courts in Pennsylvania and New Jersey.
This story is a rare one. Most personal injury attorneys are hard working, honest and dedicated professionals. But, I suppose there is always a bad apple.
What is the lesson for all personal injury clients? What are you entitled to at the time you go into your lawyer’s office to receive the funds from your settlement?
When your case settles, you will be asked to sign a release, which is what the opposing insurance company requires in order to send the settlement check to your lawyer. this is usually mailed to you, and most insurance companies require your signature to be notarized on the release.
The settlement check will be delivered from the insurance company to your lawyer payable to you and your lawyer. Once you sign the settlement check, or authorize in writing your lawyer to endorse your name solely for the purpose of placing the check into your lawyer’s escrow account, it is held in escrow (your lawyers escrow account) until your lawyer distributes the settlement funds.
Distribution sheet- this is the document which shows the division of the settlement proceeds. Before you receive your portion of the settlement proceeds, your attorney’s fee, that the two of you agreed to pursuant to the contingency fee agreement, your attorney’s expenses to prosecute the case, medical bill that were unpaid by your insurance company, and liens (ie: Medicare, DPW, workers compensation) are paid out of the settlement. You receive the remainder.
You will be asked to sign these documents, and you are entitled to copies.
The following is a guest post by Colorado accident lawyer Daniel R. Rosen:
Motorcyclists often receive an unwarranted reputation for driving recklessly, taking risks, and violating traffic laws.
A major study conducted by the University of Southern California (USC) found that approximately 3/4 of motorcycle accidents involved a collision with another vehicle, usually a passenger automobile. The survey found that in 2/3 of these multiple vehicle accidents involving a motorcycle, the driver of the other vehicle violated the motorcycle’s right-of-way and ultimately caused the accident. Furthermore, the study found that:
The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in collision with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.
These USC findings support the idea that motorcyclists have unjustly received a bad reputation from the general public, as well as from insurance companies.
Due to their small size, motorcycles easily fit into the blind spot of most vehicles and are therefore innately prone to collisions caused by other drivers. The truth is, most motorcycle riders are very good drivers and keep an eye out for motorists who may not see them.
When motorcycle accidents occur in which the other vehicle’s driver is at fault, insurance companies covering the at-fault driver may go to great lengths to avoid paying out a fair and just settlement to the motorcycle rider. When evaluating an accident claim, the goal of insurance companies is to save money, nothing more. As a result, insurance companies will frequently try to rush accident victims into making a quick, less-informed decision.
Of course, most motorcycle accident victims are not insurance experts or lawyers, and have no idea whether they are getting a good or bad deal from insurance companies. When a check – sometimes even a big check – is presented, it can be quite tempting to sign. However, in most cases, taking the first offer from an insurance company is a mistake.
Sometimes the insurance company of an at-fault driver will try to avoid paying altogether for the accident and resulting personal injuries. They may try to pass blame onto the motorcyclist for causing the accident. Even if fault lies solely on the other vehicle’s driver, convincing a jury that the motorcycle rider is responsible may not always be too difficult, since motorcycle riders have this unjust reputation for being reckless.
It is imperative to have a qualified, experienced motorcycle accident lawyer on your side if you find yourself the victim of a motorcycle accident. A competent accident attorney will help ensure you get the settlement you deserve – a settlement covering your medical bills, lost wages, pain and suffering, as well as paying for the damage to your motorcycle. Not hiring a lawyer to stand up for you can cost you more than just money: it can also cause you a great deal of frustration and stress along the way. Trying to fight a large insurance company on your own, while at the same time dealing with the physical injuries of a motorcycle accident, is an overwhelming task.
Daniel R. Rosen has over 25 years experience as a Colorado personal injury attorney, specializing in car and motorcycle accident cases. The Law Offices of Daniel R. Rosen, PC is a Denver-based personal injury firm with 10 offices throughout Colorado. Call 303.454.8000 for a free consultation.
The personal injury firm of Mednick, Mezyk & Kredo is seeking to represent people involved in Septa bus, trolley and train accidents and has put on the web a unique website and is using a vanity phone number. MySeptaLawyer.Com is the website and 888-SEPTA-Law is their telephone number. But now the firm of Mednick, Mezyk & Kredo, as well as managing partner Michael S. Mednick, have been sued by Septa for trademark and copyright infringement for using not just the Septa name in its advertising, but also the stylized “S” mark that Septa has as a registered trademark. The firm received a "cease and desist" letter from Septa’s lawyers in March 2010 but the law firm ignored the letter (or, more precisely, from their point of view, decided the cease and desist letter could be ignored because it had no legal merit). Now they have to defend against what appears will be a very costly lawsuit.
SEPTA is considered a State agency and therefore, claims involving SEPTA involve more complex issues than most accident cases. This is because SEPTA is afforded certain immunities under the law, the same that apply to the Commonwealth of Pennsylvania.
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