Tag: trial lawyers

Trial Lawyers have Made for Safer Vehicles

Recently, so called Tort Reform has been a major topic of discussion. Tort Reform has a very large following of pharmaceutical companies, insurance companies, HMO’s, and defective food and beverage companies. These billion dollar corporations spend their profits on lobbyist and marketing campaigns in order to convince us all that most lawsuits brought to court are “frivolous,” and that payouts are “outlandish.”
This so called Tort Reform aims to restrict lawful recoveries for victims of things like medical malpractice, nursing home abuse, or defective product injuries. It also aims to make it harder to hold accountable companies that cause harm to consumers.

But if it wasn’t for trial lawyers and their litigation of these “frivolous” cases, the vehicles that we drive would not be what they are today. Cars today are loaded with countless safety features that, before litigation, did not exist. Below are 11 features of your vehicle that were improved after a court deemed it mandatory.

1. Gas Tanks – Manufacturers, like GM and Ford, designed vehicles with defective gas tank placement. The placement caused fires and explosions, even in the most minor collisions. Due to litigation, gas tanks are now universally located within rigid frames.

2. Door Handles – Ford’s own engineers cited that their paddle style door handles accidently opened in collisions. Ford continued to cover up the problem, until finally a court held them accountable and forced them to fix the issue.

3. SUV Stability – SUV stability has always been an issue. Ford’s rollover rate, at one time, was twice that of any other SUV. After injury and death, litigation increased emphasis on the development of Electronic Stability Control.

4. Airbags – Airbags have been being designed since the 1950’s, but by 1988, only 2% of new cars were made with them. Eventually, courts made in mandatory to manufacturer all new vehicles with airbags.

5. Faulty “Park” – Ford and Chrysler both experienced issues with transmissions that slipped out of Park and caused cars to roll away. In Ford’s instance, it caused the death of a pregnant woman trying to save the life of her four year old daughter inside the rolling minivan. Ford fixed the error after being held liable twice in court. Chrysler continued to ignore the problem until litigation forced a recall of over 1 million affected vehicles.

6. Tires – Firestone and Goodyear tried to hide defective tire problems for years before courts finally held them accountable. Firestone tires were responsible for 271 deaths before they were finally recalled.

7. Side-impact Protection – a police officer was paralyzed after a low-speed side impact collision. The court found that the absence of side protection was a vehicle defect. Now all cars are equipped with side-impact protection.

8. Weak Seats – Seats were not made strong enough and were collapsing during collisions, killing rear passengers. It was litigation that forced manufacturers to begin installing stronger seats in all vehicles.

9. Seatbelts – Court cases did a lot in bringing to light the dangers of inferior seatbelts, or no seatbelts at all. For example, Chryslers Gen 3 seatbelt was installed in over 14 million cars and proven to unlatch in accidents. Litigation forced Chrysler to redesign both seats and seatbelts.

10. Power Windows – Power windows became more common, and so too did associated injury and death. Children were especially susceptible because of accidently hitting the rocker style switch that moved the window up or down. The inexpensive solution would have been to replace the rocker style with a lift up style. The solution was ignored to cut costs until litigation forced universal acceptance of the safer switch.

11. Roof Strength – The strength of car roofs was known to be in need of improvement, but only litigation actually made it happen.

Thanks to these cases being brought to court by trial lawyers, judges and juries were able to hold the right parties responsible for unnecessary injury and death, and also reverse the problems to prevent future loss. Trial Attorneys are essential to maintain a balance between consumers and manufacturers.

If you or a loved one feel you have been wronged by a medical malpractice, insurance company, or defective product manufacturer, you’ll need a trial attorney. The trial attorneys at Mininno Law Firm are here to help. Contact us or call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Good Actions Speak Louder Than Words for Trial Lawyers

In our society, we have been taught through tort reform and other actions to fear and hate trial lawyers. Many people have come to believe that lawyers do not really care if their client has been injured or if their rights have been violated because it means more money for the lawyer. Many people have come to believe that lawyers do not really care about the health care and well being of their loved ones because the money they get will help them take care of their own loved ones. Every time a lawyer has tried to say that they care about people’s rights, someone else has always been there to say they really do not. People and tort reform have done a good job to make lawyers seem greedy and selfish and given the good ones and the ones that work hard for our rights a bad reputation. This means that lawyers have to stop speaking about what good they will do and actually do it. They have to start persuading juries and the people that their acts are purely selfless by doing selfless good work just for the people. The only way people will begin to see that lawyers are not just all about the money and power but that they care for people and their rights is by showing them through their actions. Supporting people over profits and other similar organizations and groups and being out there in the community with people that are being abused, injured and neglected will help trial lawyers that are for the people gain trust and respect from the people they work  for to help and protect.

People learn by example. If they continue to see trial lawyers performing selfless acts for the people, then they will slowly learn again not to fear and hate lawyers and they will know that lawyers are truly are on their side and fighting for their rights.

For more information on what trial lawyers are doing for the people, you may visit:

This link.

More info.

What’s More frivolous; Medical Malpractice Claims or the Doctor’s Defenses?

Insurance industry lobbyist continue to pay millions of dollars to portray trial attorneys as evildoers who are directly responsible for high medical insurance rates and driving doctors out of business. Malpractice attorneys respond that they are protecting the rights of those who were wrongly injured and deserve compensation.

Both sides cite a study conducted of 1452 malpractice cases conducted by David M. Studdert, an attorney and health-policy researcher at the Harvard School of Public Health in Boston, as evidence for their side.

The actual numbers are as follows:

  • 37 cases had no injury, 6 were compensated
  • 515 cases involved injuries but no medical errors, 145 were compensated
  • 889 cases involved injuries and errors, 236 were not compensated

Ideally, we’d want all 889 deserving cases compensated and the 552 undeserving cases thrown out. Clearly, there’s room for improvement. That said, here’s the media’s take on this.

The sympathetic view, argued in this ScienceNews.org article, reports that

The majority of payments from insurance companies went to people who had been harmed by medical errors, not to people with baseless claims, the data show. That suggests that “moves to combat frivolous litigation will have a limited effect on total costs,” the authors say.

The study also found that about 85% of cases were settled out of court and of those that did go to trial, about 80% lost.

That said, the researchers found that 97% of the patients did suffer some type of harm. In about one-third of the cases, the damages weren’t clearly attributable to medical negligence or misdiagnosis and in such cases, most were not compensated.

Among the plaintiffs who received compensation were 6 uninjured people and 145 injured individuals whose injuries had not been convincingly linked to medical error. On the other hand, 236 plaintiffs who did suffer an injury from medical error received no compensation.

“This research shows that the problem with medical-malpractice litigation is not that too many undeserving people get paid, but rather that not enough deserving people get paid,” says Tom Baker, an attorney at the University of Connecticut in Hartford.

Nevertheless, 73 percent of plaintiffs whose claims had merit received compensation, according to the study. That figure suggests that the fact-finding involved in litigation, although expensive and time-consuming, “does a pretty good job of sorting out valid from invalid claims,” says Neil Vidmar, a social psychologist at Duke University in Durham, N.C.

A much less sympathetic view,comes unsurprisingly, from the American Medical Association. This group cites the same study as proof that

a substantial number of meritless claims continue to slip through the cracks, “clogging the courts” and forcing doctors to waste time defending them

Still, like doctors, most trial lawyers don’t want to spend time and effort on groundless cases. Many work off a contingency fee and only get paid if the claim is compensated. They spend hours carefully screening cases and only take cases that have true merit and deserving victims. To them, it doesn’t make sense to bring a frivolous lawsuit that could take upwards of 6 years and thousands of dollars out of their own pocket and not be compensated for their efforts.

If you or a loved one has been harmed as a result of medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorneys page.

John R. Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.