Back then we didn’t have cell phones, at least the prevalent number we do now, so my teacher discussed risks like a cluttered car, semi-trucks, distracted driving, and sleep.

I remember the day we talked about truckers. Her words were, "semi trucks are the worst thing on the road. Never be near a semi."

I didn’t fully appreciate those comments until I’d accumulated some road experience, and experience driving a semi-sized vehicle.

The problem with semi-trucks and large vehicles is two-fold:

First, large vehicles are bulky, slow, and full of blind spots and potentially dangerous hazards for the driver. Most professional drivers are cautious about the troubles of operating the vehicle, but occasionally, it’s the "unprofessional" or common driver, who creates the hazards.

Second, since professional drivers, especially those over-the-road operators spend many, many hours in a vehicle, it’s entirely too easy to get complacent about driving. Monotony is the single most dangerous hazard for any driver, and professionals aren’t any different. Moreover, it’s an all too common practice for drivers to drive beyond regulated times, sometimes beyond exhaustion.

There have been recent reports in the paper and on television about truckers who cause fatal or near-fatal accidents. Recently, a trucker caused an accident on I-35 between Norman and Oklahoma City when the trucker’s vehicle crossed over the median into on-coming traffic.

Although there’s inherent dangers with driving any vehicle, you should be especially vigilant around semi trucks. These massive vehicles have increased and limited stopping ability, and are often more dangerous than your own car. It’s important for you to give drivers their space, and pass these vehicles as soon as possible.

If you’re interested, here’s another article on the risks of a cluttered car.

If you’ve been injured in a car accident or by a semi-truck, it’s important to seek assistance. Absolute Legal Services, LLC, can help you receive appropriate compensation for your injuries. Don’t try to let the insurance company or the trucking company negotiate a deal without speaking to us. Call us at (405) 748-0318, or email: contact@absolutelawfirm.com.

Beware of the Truckers is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Unfortunately, some insurance companies opt to treat their insured individuals with disrespect when they report injury claims. Obviously, the main benefit to the insurance company is that they can save money when they deny coverage to injured individual. These denials most often occur in car wrecks or automobile accidents, but can happen in workers’ compensation claims, real estate or property disputes, or in health insurance claims.

The main trick for the the insurance company is to get notice of your claim for compensation, and then immediately or within a short period of time, deny compensation for on your claim based on any number of "policy exclusions."  You’re then left without any recourse for paying your necessary and related expenses. The insurance company then continues to make money by forcing you to pay your premium for "coverage," without having to expend any of the necessary reserves.

At some point, this type of problem became such a business practice, that insurance companies denied claims to prevent payments. Around 1986, the Oklahoma legislature had seen enough pressure to enact the Unfair Claims Settlement Practices Act. The Act, which is codified at 36 O.S. § 1250.1, et. seq., is a strong weapon in the consumer protection artillery.

The Act applies if you make a claim for compensation based on your insurance coverage. It’s important to note that these protections do not apply if you’re seeking coverage from someone else’s insurance coverage. This makes sense, because someone shouldn’t have to pay for your claim, without a particular amount of scrutiny on the claim.

That said, violations of the Act happen if your insurance carrier breaks any of the legal rules (duh), or if you can show that your insurance company’s action are some sort of "general business practice." See 36 O.S. § 1250.3.

Generally then, there are 16 ways that your insurance carrier can violate the statute. These are enumerated in 36 O.S. § 1250.5 (the updated statute is here). I’m not going to state each one of them, except to say some of the more common violations are:

• Failing to fully disclose to first party claimants, benefits, coverages, or other provisions of any insurance policy or insurance contract when such benefits, coverages or other provisions are pertinent to a claim;
• Knowingly misrepresenting to claimants pertinent facts or policy provisions relating to coverages at issue;
• Except where there is a time limit specified in the policy, making statements, written or otherwise, which require a claimant to give written notice of loss or proof of loss within a specified time limit and which seek to relieve the company of its obligations if such a time limit is not complied with unless the failure to comply with such time limit prejudices an insurer’s rights;
• Not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear;
• Issuing checks or drafts in partial settlement of a loss or claim under a specified coverage which contain language which releases an insurer or its insured from its total liability;
• Compelling, without just cause, policyholders to institute suits to recover amounts due under its insurance policies or insurance contracts by offering substantially less than the amounts ultimately recovered in suits brought by them, when such policyholders have made claims for amounts reasonably similar to the amounts ultimately recovered.

These are all fairly common ways that your insurance carrier may try to limit the amount of funds which you can get compensation for. Although very few individuals will have problems when they make their insurance claim, there are still a reasonable amount of people who face these problems. Unfair settlement is also a common problem when you deal with property replacement, such as your damaged vehicle.

The Oklahoma legislature has written some consumer protections for unfair auto settlements. I’m not going to discuss those, because they’re not as common of problems, but you can review them here.

If you’re having trouble getting compensation for your injuries, it’s important to speak with an attorney who can help you. It’s even more important that you speak with someone who can make sure your insurance company is acting responsibly, and in your best interests. Contact Absolute Legal Services, LLC, if you’d like to discuss your injury claim, or your insurance company’s behavior. You may email us at: contact@absolutelawfirm.com, or call our office at (405) 748-0318.

Settling an Insurance Claim is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

I believe some fear the financial costs of seeking an attorney’s advice. While it’s a genuine concern, it’s probably unfounded. Most attorneys have low or free consultation rates, followed by similarly low hourly or flat fees for particular tasks. (The flat fee is a feature I believe sets Absolute Legal Services, LLC, apart from other firms.) Flat fees can help limit the economic impact of your decision, and help ensure that you’re getting sound advice.

Still, people opt to do it themselves. I’ve published several articles on DIY legal services, and some of their consequences. You can find my posts about writing your own will here, here and here. I’ve also expressed concerns about properly executing your estate plan here, here, here, and here. Yet, companies like LegalZoom.com find themselves flourishing (although there’s this article that discusses their Missouri battle over the unauthorized practice of law).

There’s a March 2010 Kiplinger’s article (hat tip to The Probate Lawyer Blog) that addresses the issue of DIY estate planning. The article provides a generally favorable and unbiased review of DIY lawyering, and I’ll freely agree that you can do some of the tasks (e.g. power of attorney) without too many issues.

But, what about "the hiccup?" The great thing about using an attorney is that the attorney can often see your hiccups before they happen. If not at your first meeting, then certainly further down the road as he or she evaluates your issues and makes assessments. Your lawyer has a vast array of resources to consult that will help guarantee a superior quality of service fill-in-the-blanks can’t give you.

If you’d like to discuss our flat fee services, please give us a call: (405) 748-0318, or send us an email: contact@absolutelawfirm.com. We’ll be happy to make an assessment, and quote you a fee for the service. If you’re looking to start a business, draft a will or estate plan, purchase a piece of property, or any other matter, let us know, we can help you. You’ll talk to an attorney from your first phone call until your last.

Cutting out “The Middleman” is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

The other insurance company will try and get you to settle your injury claim for less money because you’re involved in an "unavoidable accident." The adjuster will say that his/her insured couldn’t stop because of the weather conditions. Then the adjuster will tell you that Oklahoma recognizes the unavoidable accident doctrine, which will result in a "non-verdict" or low payment for you. "Therefore," he/she will say, "to save yourself the hassle of hiring a lawyer and a lawsuit, please accept _________ dollars as a ‘fair’ settlement for your injuries."

While it’s true that Oklahoma does recognize the doctrine, there are some specific caveats that will limit it’s application to your case. Most particularly is the foreseeable nature of the accident. This means (duh!) that anytime you’re driving in hazardous weather, it’s foreseeable that you’re going to lose control of your vehicle.

Oklahoma case law is quite clear that this is a limited-use doctrine, "where the evidence indicates the occurrence was caused by unforeseen conditions and not by the negligence of either party." Ankney v. Hall, 764 P.2d 153, 156 (Okla. 1988), see also Athey v. Bingham, 823 P.2d 347, 350 (Okla. 1991). Again, we all know that driving on snow or ice covered roads can be hazardous. Therefore, it’s hardly an unforeseen event when an accident does happen. Keifer v. Strbac, 349 P.2d 6, 8 (Okla. 1960).

If you or someone you know has been injured or killed in one of Oklahoma’s recent ice or snow storms, it’s important to get the help needed. Contact Absolute Legal Services, LLC for a consultation and representation in your auto accident. Our network of attorneys can help develop a plan to get you compensation for your bodily injuries, property damage, or a love one’s wrongful death. Visit our firm’s web site: www.absolutelawfirm.com, or call (405) 748-0318, to speak with an attorney today.

The “Unavoidable” Accident is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Usually the scam goes something like this:

You’re waiting in a parking lot or at a stop light. A car collides with your vehicle causing you to jerk or "whiplash" in the vehicle. The accident may involve a minor impact, with little property damage, or a significant one. You feel slightly shaken, your heart races, and you’re slight achy. There’s no significant on-site bodily injury, merely "post-accident anxiety."

The scam artist races to your car, is usually very apologetic, and even "confesses" to causing the accident, including a "generous" offer to pay for the damage to your car. The scammer will give you an excuse like they don’t want their insurance to increase, they’re very busy, the accident didn’t cause much damage, or they don’t want their spouse to find out. They’ll offer you some money (usually an amount below $500), "to make it all go away."

You’re not injured, so against your better judgment, you decide to take the "nice" man/woman’s offer, and save yourself some hassle too.

The problem is, you later discover that the damage to your vehicle is significant, and those "slight" aches have turned into a mind-numbing pain that even the best over-the-counter pain reliever can’t ease. What you discover is that your "sweet deal" quickly turned into a costly sour apple.

The problem is, now you can’t get make a claim because you don’t have any of the offender’s information, and you haven’t properly documented the accident. The scam artist got away with a good deal, while you’re stuck with the costly bill.

Remember in Oklahoma, if you’re involved in an automobile accident, you’re required to exchange information with the other party. Don’t let the other party out of his/her obligation. If they’re pressuring you to settle, use the law and your obligation to stay out of trouble as an excuse.

It’s important too for you to contact the police, unless the circumstances/laws say otherwise. Having the proper documentation regarding the accident will protect you in the future when you need the medical care and auto body repair that you deserve.

If you have been the victim in a motor vehicle accident anywhere in Oklahoma, call my firm ASAP for a free consultation at 405-748-0318, or go to http://www.absolutelawfirm.com.

Don’t Fall for “The Buyoff” is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

It’s important to prepare before the crash, so you’ll function perfectly during the crash, and ensure that your rights are protected.

If you haven’t done so already, you need to get your "car accident survival kit" together. Your kit should contain all of the materials you’ll need for the crash.

When the crash happens here’s what you need to do:

1. Assess the damage to you, your passengers, and other drivers. Determine if medical attention is needed.
2. Contact fire, medical, and police.
3. Post/display warning flares or signs to alert other drivers of the accident. If required & possible, move vehicle from traffic.
4. Note the other party’s license place number.
5. Exchange insurance/driver’s license information with the other party/parties (use your notepad to store the information).
6. Take a lot of pictures of the vehicles, parties, passengers, roadway using a disposable camera or cell phone.
7. Make a notation in your notebook regarding your current aches, pains, bruising, etc.
8. Discuss the event with law enforcement. Do not admit liability.
9. Get medical treatment
10. Continue to document your aches, pains, bruising, etc. in your notebook and/or by photos.

How you handle the auto accident can determine how much compensation you’ll receive for your injuries. Failing to properly document or gather the appropriate information can be detrimental to your injury claim.

If you’ve been injured in an automobile accident, don’t delay in contacting my firm to assist you in receiving the compensation and treatment you deserve. You can contact us by calling 405-748-0318 or visiting our website at http://www.absolutelawfirm.com.

Auto Accident 101 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

I’ve stressed the importance of watching what you say online, but it’s also important to watch where your conversations are coming from. The New Jersey case of Stengart v. Loving Care Agency, 973 A.2d 390 (N.J.  2009), is an example of how an employer may use your email conversations against you.

The issue in Stengart was "whether workplace regulations converted an employee’s emails with her attorney — sent through the employee’s personal, password-protected, web-based email account, but via her employer’s computer — into the employer’s property."

The plaintiff had anticipated filing a lawsuit against her employer, and therefore had regular email communications with her attorney. The problem was that the employee used her work computer to send email through her private Yahoo! email account.

The employer argued that the messages were "discoverable"  documents (meaning the documents would become evidence against the employee), and therefore not subject to the "attorney-client privilege." Obviously, the employee argued that the email message were privileged, and could not be used against her at trial.

The employer used its policy handbook to justify its position. The trial court agreed that the documents were not privileged, and admitted them as evidence. However, on appeal, the Superior Court of New Jersey, held that the employer had a vague policy regarding email communication, and therefore the email sent through a private email account retained some expectation of privacy. Additionally, the Court held that the company’s ownership of the computer did not instill an unrestricted right to examine the private contents. Specifically, the Court reasoned that "the company had no greater interest in those communications than it would if it had engaged in the highly impermissible conduct of electronically eavesdropping on a conversation between plaintiff and her attorney while she was on a lunch break."

This case is profoundly important (at least in New jersey) because of its emphasis on the attorney-client relationship, but also on the extent of "employer eavesdropping." Even though the employee won, I find it shocking how much information the employer was able to obtain. The controversial communications were stored computer images of the employee’s web-based email program. I didn’t know you could get that information, and I didn’t realize to what extent the employer could look at those snapshots.

Stengart illustrates that you need to get away and avoid all employer-sponsored computers when you’re doing "non-work" activities. As you can see, nothing is ever really private, despite how much you want to believe it is.

Be Careful Where You’re Messaging is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

This particular attorney had returned from a seminar on advanced estate planning practices where one of the presenters discussed legal fees. The presenter commented that if the attorneys weren’t charging a certain sum (roughly $10,000) for the described work, then "you’re getting screwed." In further conversations she stated that quite a number of individuals in the field charged over $15,000 for the service.

Her lament was that she often lost clients because they perceived the cost of a service the same as the quality of the service. I think this is true, regardless of the provider.

There has always been the great debate among lawyers about pricing. Whether it’s "value pricing" or another name, pricing is pricing. I’ve had some blatant discussions regarding pricing, like this one. I’m sure you understand that there are some costs that get associated with a provider’s services, and therefore, one’s "value", arguably, is subjective. There’s articles all over the internet that talk about attorneys charging hourly rates of over $1,000. Wow!

That’s the point my colleague was making: some lawyers are charging outrageous prices for their services because they can, not because they’re worth it.

The problem is, we’ve got it in our minds that in some professions, price matters. We’ll go to the "high priced lawyer" because he/she is the high priced lawyer. We fail to recognize that sometimes (and often) the neighborhood attorney can handle the job just as easily as the high priced lawyer for less cost. Again, we’ve been taught to believe that we should value the competency of a professional service provider by the amount of his/her fee. We see high price, and think high caliber.

Yet, ironically, we’re judging every other product/service by how much money we can save. We’re trying to get discounts on our groceries, gifts, clothing, telephone/internet. We demand more service, for less money, and think nothing about it’s quality. We shop at dollar stores because we can get "good deals cheap."

If you’re deciding on whether to hire an attorney, it’s important to examine a couple things to make sure the money you spend actually results in quality value:

1. Ask the attorney whether they’ve handled your type of issue before;
2. Ask the attorney what you can expect in terms of communication, outcomes, daily expectations;
3. Ask the attorney whether you can expect to call and speak with the attorney, or whether you’re dealing with an assistant or answering machine;
4. If the attorney seems young or inexperienced, ask the attorney whether they know other attorneys they work with who can help them resolve your issue;
5. Ask the attorney what type of work they’ll have to do on your case – is this an issue that the attorney can use pre-formatted forms for (saves you money), or will the attorney need to develop original materials?
6. Ask the attorney what his/her hourly rate is, and what types of "extras" you’ll be paying for – are you paying for lunches, office supplies, etc., or is the attorney "high tech" and trying to save you money?
7. Ask the attorney who will be working on your case;

Whether $1,000 is a reasonable price for an attorney’s services depends on the complexity of the case, the novelty of the issues, the amount of work performed, and the attorney’s specific knowledge and skill handling your type of issue. Like all professions, regardless of someone’s perceived value, you’ll get overrated/overpaid "the flop", and the undervalued superstar. It’s important to navigate between the two, and not get caught by the glitz and glamor of a "high priced attorney", just because they can be. Dig deeper, evaluate, and examine their potential and the value and quality of their services.

If you need an attorney, please feel free to contact our office: (405) 748-0318 or contact@absolutelawfirm.com, to discuss your issue.

Price Does Not Equal Quality is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Quite simply, the lawsuit still exists, mediation is merely an easy way to resolve your case without the additional expense of trial. A mediation occurs because both sides believe they can "win" by paying a little more or less money to end the lawsuit. Both sides believe they’re "exposed", which could cost money in the end. This means, if you’re a plaintiff, then your case has some problems that could cause a jury to find in the defendant’s favor, and vice versa if you’re a defendant.

The goal of the mediation session is to enable each side to win by either taking less money, or paying more money, to settle the claim.

The fundamental rule for participating in the mediation session is that you must be willing to settle the claim at mediation. If you’re not willing to accept any offer below (or above) your "magic number," mediation will not work, and you’ll pay more in attorney’s fees.

If you’re willing to change your position, mediation can be a huge boost to a swift resolution of the claim.

So, how does the mediation session work?

Most mediation sessions occur in another office or a judge’s chambers. The mediator is usually a full-time attorney with mediation experience, or a judge. However, there are no particular requirements that the mediator have a legal degree. Sometimes, non-lawyers can be great assets to settling the claim because of their unique, non-legal perspective. Oklahoma does have a set of requirements that individuals must meet before qualifying to become a mediators. You can read the rules in 38 O.S. 1825.

Usually, at the beginning of the mediation, all parties will meet together in a large conference room, or in the judge’s chambers. The mediator will explain some ground rules (usually for your benefit), and then discuss some preliminary issues, and have each side present its opening statement.

Following the introductions and statements, the mediator will separate the parties. The mediator will meet with each party privately, and begin attacking their side, and the problems with the case. If you feel like the mediator is being tough on you, you’re right. The point is to get you to evaluate your claim, the likelihood that you’ll succeed, and make a reasonable demand for settlement. Don’t worry though, the mediator is attacking the other side just as hard, if not harder, because of the problems with their case.

You should feel free to discuss your options with your attorney. If you’re not comfortable with the proposals, let your attorney know. Believe me, your attorney knows the value of your case based on his/her experience. Your attorney knows the types of jury verdicts in your type of case.

Remember, the point is to make a reasonable settlement request, to accept/pay more or less than you’d planned, and feel relatively comfortable with the outcome. Mediations help avoid a one-sided victory (yours or theirs).

What the Heck is Mediation? is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

KOCO, Oklahoma’s ABC affiliate had an interesting feature story about the increased number automobile accidents in Oklahoma County. (Here’s the same story from KFOR).

The reporter stated that the number of automobile accidents in Oklahoma County caused by red-light-runners since 2008 was 8,000.

At first sound, I thought that wasn’t such an impressive number. However, consider this:

In 2009 red-light-runners will cause an average of almost 1 accident per hour. (8,000/2 = 4000; 365/4000 = 21; 21/24 = 0.875 or ~ 1)

That’s an insane statistic, if true!

You know that the average wait at a red light isn’t more than a couple of minutes; yet, why do we insist on playing "Russian roulette" with our commute sometimes? Slowing down, and taking a little extra time to get somewhere isn’t such a big deal. It’s especially more important than causing an accident that results in injury, or worse, death.

Safety Above All Else is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.