Archive for November, 2010

Where Are Our Children?

Sunday, November 21st, 2010

One of the most saddening happenstance of my job comes when I meet with parents who have been recently devastated by the loss of a child.  To suddenly lose a child who only moments before had been the sparkling center of a parent’s hopes and dreams is a life blow from which one never really recovers.

I have three teenage daughters, all who fortunately are beauties like their momma, all who have good sense, and all who have bright futures.  I trust them because they have earned my trust over the years. 

Yet teenagers believe they are invulnerable.   Teenagers often see only what the moment holds.   Teenagers are curious, and adventure often comes with little restraint being exercised.

As a lawyer handling wrongful death and catastrophic injury cases, I see the consequences of teenager frolic.   When a group of teens get together with adventure in mind: the giggling, the carousing, the one up man’s ship, the daring to do what others think you won’t  — it can lead to disaster.   A little bit of alcohol thrown in, or even just that moment of inattention to the road when she looks into the back seat to see what the ruckus is back there, while she drifts across the center line in the road.  And then the world is suddenly changed.  Even in a relatively safe places, like Joplin, Missouri, Northwest Arkansas, and Branson, Missouri, opportunities abound for a child to exercise poor judgment.

Teenagers driving with a group in the car presents about the highest risk of violent  collisions.  That is why insurance rates are so high for teens.

As a parent it is hard to balance letting the teenager loose to discover who she is with holding her back just a bit into a safety net.  From my experience, however, as both a parent and as a lawyer exclusively handling personal injury claims, here are some of my simple, common sense suggestions:

  • 1. Make sure the child knows that trust can be violated and lost when she exercises poor judgment and puts herself and others at risk.
  • 2. Make sure your teenager knows that choices have consequences that can affect her and others forever.
  • 3. Make sure the teen driver knows not to drive impaired or to ride with others who are. Texting while driving is driving impaired.
  • 4. Make sure that even the most trustworthy teenager keeps you aware of where she is and who she is with. A parent staying in the loop helps give the teenager an excuse to say no if she really doesn’t want to do what she is being urged to do.

Even great kids with solid character make mistakes.   Sometimes disaster strikes because they are in the wrong place at the wrong time, even when they have done everything right.  As parents, all we can do is try to minimize the risk that growing up and going through the ordinary rites of passage into adulthood brings.  

With cell phones and the instant ability to communicate, we live in a smaller world today. We have a better chance of knowing where are children are and exercising some restraints.   Reining in the adventure a little and saving some of the mysteries of life for the adult experience is hard to do but can at times make a difference in a life of many moments of joy rather than one of never ending emptiness.

Roger Johnson

Roger Johnson
Roger@4stateslaw.com
Joplin Missouri Injury Attorney
Kansas Injury Attorney
Oklahoma Injury Attorney
Johnson, Vorhees & Martucci
510 West 6th Street
Joplin, Missouri 64801
417-206-0100 office
417-206-0110 fax
866-836-0100 toll free
www.4stateslaw.com

Beware! Attorneys That Arrive Before The Ambulance May Not Have Your Best Interest At Heart

Monday, November 15th, 2010

Ambulance chasers.Sharks.Shysters. Blood-sucking lawyers.What once was a profession viewed as honorable has become to some no more than the poster child for greed. A trial lawyer is now seen by many to be the parody of jokes and the object of disdain.

Rather than the average person believing that a lawyer is one who seeks justice, truth and order for the community, the stereotype now for a personal injury attorney is one who cares only about using the suddenly hurt for personal gain. How did this caricature of what was once a position of earned respect come about?

Trucking collisions bring out the worst in those that fit the stereotype of ambulance chaser. In Missouri, as in most States, it is unethical to directly solicit a client’s case. Yet, even in Joplin, Missouri, it now seems commonplace that if one is involved in a serious trucking collision, the ‘vultures’ swoop down almost as soon as the dust clears, either cold- calling or coming by with flowers and an accident report to those who are in their hospital beds. Victims of careless truckers are prime targets because there is almost always loads of insurance or a big corporation. I am saddened by the corruption I have seen when even a successful trial lawyer will give up his ethics during the race to sign up the next badly hurt victim.

When one is most vulnerable, the shyster is there with chest puffed out, all too ready to sing his own praises and brag about how powerful a lawyer he is. The truly arrogant attorney feels no shame when he boasts about how much money he will make for someone who may be nursing a brain injured spouse, if she will just sign on the dotted line, hiring him as her mouthpiece.

A person harmed severely by a careless truck driver ordinarily does need a competent attorney. The insurance companies have investigators and adjusters at the scene of a collision almost before the truck comes to a stop. Federal rules that require that evidence like a driver’s logs must be preserved are limited in how long the company must keep that evidence.Computers within the big rig that may contain information on when braking occurred or what the speed was on impact can be erased if a lawyer does not take steps to preserve it.

But the ends do not justify the means. Because a person in terrible pain may need a lawyer does not mean that any attorney should compete to be the fastest lawyer to the bedside. Typically, the lawyer who will directly solicit a case shows his stripes for whom he really is: someone who cares more about how much money he can make off of you rather than someone who really does care about helping you get your life back.

Look around your community. Before you get hurt take note of who is out there serving others, who really lives and works in your community, and see who tries cases to hold insurance companies accountable.If you ever do need an attorney - you should find that attorney you select.

At Johnson, Vorhees, & Martucci, we have never and will not ever chase an ambulance with our business cards reaching in through the window. We do not directly solicit your case. We will not try to take advantage of you when you are at your most vulnerable.Beware of those who do.

When someone has irresponsibly caused devastation to your life, If you or your family want attorneys with honor who are honest, relentless, and always out for your best interest, we will be there to do whatever we can to help you.

At my law firm, we are honored to be lawyers.

Roger Johnson

Roger Johnson
Roger@4stateslaw.com
Joplin Missouri Injury Attorney
Kansas Injury Attorney
Oklahoma Injury Attorney
Johnson, Vorhees & Martucci
510 West 6th Street
Joplin, Missouri 64801
417-206-0100 office
417-206-0110 fax
866-836-0100 toll free
www.4stateslaw.com