Alabama Personal Injury Blog - lawyer

Why are Medical Bills so High?

Jon Lewis — Sat, 05 Dec 2009 13:49:34 GMT

Did you know that hospitals and physicians rarely ever receive the amount they charge for their services? Health insurance companies do not pay the actual bills invoiced by medical professionals. Why is that?

We had a client who was injured in a truck collision. His injuries were serious enough to warrant several nights in the hospital and a couple of surgeries. What were his medical bills? Approximately $72,000.00. What did the hospital and physicians get paid? $11,714.01, approximately 16% of the amount billed.

If you had a retail store, would you accept 16% of your prices? Why do hospitals and doctors? Are they over-charging, or are they getting paid too little?

What if you don't have health insurance? What happens then? Well, I can tell you that I handled collections for a hospital about 13 years ago, and if patients came in for emergency treatment and didn't have insurance, we sued them for the full amount, not 16%. Why do private pay individuals have to pay the full amount? I understand why health insurers receive a discount, but an eighty-four percent (84%) discount? What if Bill Gates doesn't want to get health insurance? He can pay any amount billed so why doesn't he receive the same discount as a company like BlueCross?

Is this a form of fraud or misrepresentation? In Alabama, BlueCross BlueShield has such a monopoly on health insurance that they dictate to hospitals and physicians what they can charge for their services. Many doctors speak poorly of BlueCross BlueShield as a result of their influence. Some won't even accept their rates as a result. Should the health insurance companies be setting the rates for medical treatment? Is that capitalism?

I don't have the answers to all these questions, but I think they need to be discussed, especially in light of healthcare reform. What are your thoughts?

Originally posted at InjuryBoard by Jon Lewis

$40 Million Settlement with Walmart

Jon Lewis — Thu, 03 Dec 2009 11:27:19 GMT

How are Walmart's prices so cheap? Well, you can start by not paying your employees the proper amount of overtime under the wage and hour laws of our country. Add to that a lack of benefits, and you have the makings of low prices.

Walmart has settled a 2001 class action lawsuit brought by 87,000 current and past employees of the company in the Commonwealth of Massachusetts. These plaintiffs alleged that Walmart denied them overtime pay, refused to give them meal breaks, and manipulated the employees' time cards to their advantage.

We tend to place these companies on a pedestal. The more money they make, it seems like the more credibility we give them. Oh, that's Walmart. They could do no wrong. Who could believe these greedy little employees?

We listen to the media so much. We believe everything we see and hear. Well, I'm here to tell you that there are always two sides to every story. I will bet that when this lawsuit was brought in 2001, many people, if asked, would have said that it was frivolous. Well, Walmart doesn't pay $40 million for a frivolous claim. Walmart pays $40 million and enters into a confidentiality agreement because it doesn't want the public to know what it did.

Next time you hear a story about a lawsuit in the media, stop and think. Give both sides thought. You may not be given the whole truth by the media. You may not understand all of the ins and outs of the legal issues. This is why we have our legal system. This is why juries get to listen to ALL of the facts and ALL of the law. The media just gives you soundbites.

Originally posted at InjuryBoard by Jon Lewis

Won Your Workers Compensation Case? Not so Fast

Jon Lewis — Tue, 24 Nov 2009 13:02:11 GMT

What are the insurance companies doing now? They are using "Utilization Review" in order to cut off workers compensation benefits. How does that work?

Well, the Alabama Workers Compensation Act allows for "Utilization Review". That means that the workers compensation insurance carrier can submit your medical records to a third party physician to review and determine if they are related to the injury. If that third party physician says, "No", the workers compensation carrier cuts off the injured employee's benefits.

How does this work in practice? Take my client for example. She had surgery approximately ten (10) years ago. Her workers compensation case was settled, and her medical was left open for future treatment. Typically, that is what happens in workers compensation cases. The person receives medical treatment for the related injuries for the rest of her life.

For ten (10) years, my client has been receiving prescriptions and medical treatment for her injuries. Out of the blue, the insurance carrier sends her records to a foreign doctor in El Paso, Texas who opines that her injuries and medical treatment are not related. So, the insurance carrier, under the "utilization review" provision, cuts off her medical treatment.

Why did they wait ten (10) years? How can this doctor supersede my client's local doctor's opinion when he hasn't even examined her. Shouldn't the "Authorized treating" physician have the final say? The insurance carrier approved her "Authorized Treating" Physician.

This is ridiculous and unfair, but that is how the insurance industry works. Insurance covers everything but the loss. All they want is their money and to hell with everything else - morals, humanity, sympathy, kindness, and generosity. It is all about the bottom line. People talk about "greedy trial attorneys" when they should be talking about "greedy insurance companies".

Originally posted at InjuryBoard by Jon Lewis

Homicides Predict Traffic Deaths

Jon Lewis — Sun, 22 Nov 2009 12:42:37 GMT

Do State Homicide rates predict traffic fatalities? According to a University of Michigan study, they do. The study found that there was a parallel with the number of homicides and the number of traffic deaths. What seems to be the reason for this? Aggression.

The study looked at ten factors and "found that seven of them accounted for 71 percent of the variance in traffic fatality rates." Those seven are "homicide rates, proportion of male drivers, proportion of older drivers, number of alcohol-related liver failures (as a proxy for intoxicated driving), density of physicians, seat-belt use rate, and income." Apparently, the strongest predictor of these seven are homicides because homicides relate to aggression which relates to aggressive driving.

What does this teach us? We need to respect others on the roadways. We can't be in a hurry all of the time. We cannot drive while we are doing several other things: texting, playing with the radio, putting on makeup, using the telephone, changing CD's, and having too much noise and distractions in the car. We need to realize that we share the road with others, and we need to understand that different people have different driving styles just as different people have different psychological makeups.

During this holiday season, think before you act. Take a few miles per hour off your speedometer. Leave a little early for that appointment or meeting so you aren't in a rush. Be more passive on the roadways, and maybe you will save a life.

Originally posted at InjuryBoard by Jon Lewis

How Can I Help My Friends or Family Find a Good Lawyer?

Greg Cusimano — Fri, 03 Jul 2009 10:19:29 GMT

When you, or someone you are close to, has been hurt or injured, it can be a very rough and troubling time for everyone involved. Legal representation, or finding a lawyer, is the last thing on anyone’s mind; however it should be one of the first.

For some the thought of contacting a lawyer can send shivers down spines, and bring thoughts of black briefcases, black suits, and even blacker hearts, but you can be assured that this stereotype of the legal profession is just that. A stereotype. This image of the rule bending, untrustworthy lawyer that sees you as nothing but a walking dollar bill, just simply isn’t the truth for most lawyers. Maybe a few, but not many. The few may be responsible for the bad image promoted by big money wrongdoers that don‘t want you to trust ANY lawyers. Because of the few, it is important you do your home work.

The truth is that most lawyers are willing to help you in your time of need and see to it that your rights as guaranteed by this nation are protected. Lawyers are specially trained to have the knowledge and details of the law that most lay-persons are not expected or required to have, and this knowledge can help you, the client, in gaining appropriate justice in many circumstances.

Some might be intimidated or impressed by the multitude of park benches, billboards, and TV ads, that depict a lawyer yelling in a court room, throwing a legal book on a desk, or even boxing a heavy bag. However, don’t be quick to dial the easiest number that you come across or the catchiest jingle. Lawyers, although usually competent in many areas of law, should have a specialty that will suit your needs specifically. It’s not always the best idea to go after the biggest firm, or the most impressive commercial.

Most lawyers are referred by word of mouth. This means that the people that are referring you to them have had direct contact and experiences with them. This is a great way to get a feel of what the lawyer is like, and how he (or she) conducts cases. Most legal problems that the normal person will run across are auto accidents, workers compensation, criminal charges, or other tort actions (such as slip and falls). For these situations, word of mouth in the community will be a good starting point to find your way around. However, what happens if you need to know how to set up a business in China under the Delaware Corporation Code? You might need a specialist that your neighbor can’t’ suggest. For this there are a multitude of lawyer referral services available online, including this blog you are viewing right now. Get started by browsing by location, or searching for a topic or practice area of interest or importance to you.

When you have finally arrived at whom you would think can give you appropriate representation, you should, or the lawyer will organize an introductory meeting for the two of you. Often there will be no charge to you, or a minimal fee. You may also be able to discuss your problem over the phone for no charge. This is all dependent on the lawyer and the firm you are dealing with. Remember that you are assured confidentiality in all of these discussions. Make sure that you are confident in your lawyer, and feel free to “shop around” a bit. Taking the time to go to two or three lawyers so you can make an informed decision will help you and your representation in the long run. Don’t be tricked by flashy ads, catch phrases, or large mahogany desks and rows of book shelves.

As always, take the time, make an informed decision, and be confident in your lawyer.

Originally posted at InjuryBoard by Greg Cusimano

Death over Dogs

Jon Lewis — Thu, 18 Jun 2009 10:27:39 GMT

There was a short editorial in the Birmingham News this morning discussing Donte Stallworth's sentence versus Michael Vick's sentence. The article questions the justice between the two. After reading this piece, it got me to thinking that this would be a good Part 6 to my Accidents Caused by Drunk Driving Series, but the title just didn't seem to fit.

I agree with the writer that there is something wrong with this picture. How could Michael Vick be sentenced to 23 months in prison for his involvement in a dog fighting scandle when Donte Stallworth only received 30 days in jail for getting in a car drunk and killing someone? It doesn't make sense.

I'm a dog lover. My family has a dog at home. We give to Hand in Paw. However, it seems strange that the penalty for driving drunk and killing someone would be so much less severe that being involved in a dog fighting ring. Is it because we have been de-sensitized to drunk driving, but we aren't used to dog fighting? I can't answer that question, but I agree that the justice seems out of whack.

Originally posted at InjuryBoard by Jon Lewis

Alabama Injury Attorneys - How to Choose?

Jon Lewis — Thu, 04 Jun 2009 08:21:00 GMT

I'm always amazed at all of the advertisements for Injury Attorneys in Alabama. You see ads on billboards, on television, and on radio. There are so many. How can anyone know who to choose? I also wonder, would people choose their doctor from an ad? If not, why would they choose their lawyer from an ad? And, what makes them choose one over the other? Is it the jingle from Goldberg? Is it the testimonials from Alex Shannarah? Is it the numbers on Wettermark, Holland and Keith's commercials? Or is it seeing Mr. Norris in a Norris commercial?

How would you go about choosing an attorney? Many people ask friends and family members. If they have had experience with an attorney, good or bad, they may be able to provide some insight. Others ask attorneys they know for recommendations. Other lawyers typically have some knowledge of who the competent and good lawyers are. Some people even ask judges. Judges see attorneys in action.

Today, there is another way to select an attorney: interact with the attorney online. With Facebook, LinkedIn, MySpace, JDSupra, blogs, Twitter, YouTube, etc., there are so many ways you can get to know your potential attorney. You can read their website. You can e-mail them. You can look up their testimonials. You can even see them live through video if they have it. On our site, we have suggested questions to ask attorneys. We'll even recommend attorneys you should use if you don't feel comfortable with our firm. You and your attorney will be a team, and you need to work together as a team. How can you if you don't KNOW your teammate?

In this day and age, don't select your attorney from a simple commercial. Your case is too important to hire an attorney strictly based upon a sound bite. Interview your attorney - if not in person, do it online. Ask them about their experience. Ask them if they feel comfortable about providing names of other quality attorneys. If they don't, maybe you should keep searching.

Originally posted at InjuryBoard by Jon Lewis

Insurance Company and Corporate Names

Jon Lewis — Sat, 16 May 2009 15:35:40 GMT

Names may change, but the companies don't. In law school, we learned a phrase, "Form over Substance". What's an example? You can call a table a chair, but it's still a table.

In the Birmingham News today, it was reported that GMAC Bank is taking on a new name. GMAC Bank has now become Ally Bank. This is not a surprise given the fact that GM is about to file bankruptcy. Why would GMAC Bank want to be associated with a bankrupt company? They wouldn't.

Another example of this is 21st Century Insurance. Who is that? Surprise!! AIG. Can you believe it? AIG sold its insurance division to Farmers, and it's now called 21st Century Insurance. They don't want their company associated with AIG anymore. Are they really any different?

Why do I care? Well, a couple of years ago in Seattle, the U.S. Chamber of Commerce ran a full page ad in the USA Today stating, "Same leopard. New Spots". They were referring to the Association of Trial Lawyers of America. Our Group decided to change the name of the organization to the American Association for Justice.

Obviously, "Trial Lawyers" have been bashed in the media and by corporate interests, and our organization wanted to let people know what we stand for as opposed to what our name is. People can bash "Trial Attorneys", but who can bash "Justice?"

I bring this up because I want people to know that the corporate and insurance interests are no different. In fact, they are worse. Why? Their hypocrisy knows no bounds. They criticize trial lawyers as greedy and selfish when it is now abundantly clear where the greed lies. Given our current economy and mortgage crisis, who has exemplified more greed than huge corporations. Look at Enron, Tyco, HealthSouth, Madoff, Worldcom, AIG, and on and on. These companies, and their officers and directors, were fleecing the American public. Do they care? No, they just change their name and go on with government backing - our tax dollars.

On the flip side, what do trial lawyers do? We try to protect individuals from injury and fraud. Which side are you on? Corporate accountability or Corporate greed? I'm biased, but I'll take corporate accountability and side with trial lawyers any day of the week.

Originally posted at InjuryBoard by Jon Lewis

Susan Boyle --- Fundamental Attribution Error

Greg Cusimano — Sat, 25 Apr 2009 15:17:45 GMT

Winning Works LLC, (winningworks.com) a trial consulting firm composed of Gregory Cusimano, David Wenner, David Bossart, and Ed Lazarus instructs lawyers not to make a Fundamental Attribution Error. The Fundamental Attribution Error (FAE) is part of the Jury Bias Model™ developed by Cusimano and Wenner. What does FAE mean? It means we judge behavior and conduct on appearance, and internal traits such as personality, abilities and motives often in error. In fact most conduct and behavior results from circumstance or situation rather than internal factors.

Lee Ross, a social scientist and professor at Stanford University first used the term “fundamental attribution error.” What does FAE have to do with Susan Boyle? People presume a persons abilities and talent relates to their appearance. The Boyle phenomena probably would not have occurred if she looked and acted like their perception of what a great singer would look and act like. Susan Boyle is a perfect example of FAE. Trial Lawyers should recognize the effect of FAE and use it if it helps their case and reverse it if it hurts it.

Originally posted at InjuryBoard by Greg Cusimano

Susan Boyle --- Fundamental Attribution Error

Greg Cusimano — Sat, 25 Apr 2009 11:40:42 GMT

Winning Works LLC, (winningworks.com) a trial consulting firm composed of Gregory Cusimano, David Bossart, and Ed Lazarus instructs lawyers not to make a Fundamental Attribution Error. The Fundamental Attribution Error (FAE) is part of the Jury Bias Modeltm developed by Cusimano and Wenner. What does FAE mean? It means we judge behavior and conduct on appearance, and internal traits such as personality, abilities and motives often in error. In fact most conduct and behavior results from circumstance or situation rather than internal factors.

Originally posted at InjuryBoard by Greg Cusimano