Brain Injury Law Blog : Head Injury : Coma : Personal Injury : Las Vegas Nevada Lawyer & Attorney Tim Titolo

Truck Collision Cases Require Special Knowledge

Most collisions involving trucks are very serious.  The severity of injury and damage increases due to the size and weight of semi tractor trailers or other big trucks.  In order to properly represent folks who are in these types of wrecks, attorneys need special education and knowledge relating specifically to the trucking industry.  Too many lawyers treat truck collision cases like any other car accident case and they should not.

American Association for Justice Trucking Collision Conference in Las Vegas

The AAJ Trucking Collision Conference I previously blogged about was, according to attenders, an overwhelming success.  Over 100 people registered.  I moderated the second day and was honored to introduce outstanding lawyers and experts.  We even had a live truck inspection by RGK Consultants in the parking lot at Caesar's Palace.

Prior to the official conference, the Interstate Trucking Litigation Group had their Members Only meeting on Thursday.  It was also a success.  Joining us at my invitation was former Chief Justice of the Nevada Supreme Court William Maupin.  Justice Maupin was part of a panel of of Judges from around the country discussing their perspectives on trials involving truck collision cases.

I presented on the issue of Independent Contractor Defense and Statutory Employment pursuant to the Federal Motor Carrier Safety Regulations.  I was joined by excellent speakers discussing topics pertinent to the issues in truck cases.

I was complimented on my presentations and appreciated the comments:

Tim: Thank you for your presentation at the recent seminar and the copy of the brief.

Mike Malkiewicz

Tim

 I very much enjoyed your talk in Las Vegas last week. Are you sharing your Ind. Contractor Brief? If so I would love to get a copy.

Mike

Michael Wright
Simmonds & Wright LLP
881 Madison Ave
Mankato, MN 56001
507-345-4543
Fx 507-345-8494
 

Larry Simon, Robert Collins, Michael Liezerman, Morgan Adams, and Joe Fried, to name a few, made the events an educational great time with great socializing and networking dinners.

Chief Justice Bill Maupin and and Tim Titolo at Caesar's in Las Vegas

Larry Simon and Tim Titolo at the Las Vegas Truck Collision Seminar October 2010.

Trisha of Medivisuals, Robert Collins, and attorneys from across the country teach and learn about issues in Truck cases.

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The American Association of Justice is a group of plaintiff attorneys who represent consumers.  The proverbial David v Goliath challenges that present when a large corporation with vast resources is taken on by a lone consumer with limited resources is the reality of what consumer plaintiff attorneys do. 

To help educate us with the accomplishments of consumer plaintiff attorneys the AAJ has published three interesting pieces.  I include them here for your review and consideration.  Please feel free to post a comment on anything that comes to mind - agree or disagree.

Auto Safety   http://www.justice.org/cps/rde/xbcr/justice/Driven_to_Safety.pdf

Environmental Hazard         http://www.justice.org/cps/rde/xchg/justice/hs.xsl/12721.htm

Standing up for Seniors      http://images.magnetmail.net/images/clients/ATLA/attach/Nursing_Home_Report.pdf

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American Association of Justice published "Five Myths about Medical Malpractice Negligence."  I reprint it below.

It is especially interesting since the Nevada Supreme Court is currently considering whether to make the "Keep Our Doctor's in Nevada" bill, passed in 2004, retroactive.  A woman is suing her lawyer for taking 40% of her over $5,000,000 award for a lawsuit she retained him for in 1999.  She is arguing that the attorney fee limits should apply retroactively and the attorney's fees be reduced.  Interestingly she is not arguing that her recovery be limited retroactively to the current ceiling on medical malpractice cases of $350,000.

Those opposed to real health care reform are flailing to come up with real, alternative solutions to our current crisis. With all the talk of death panels, government takeovers, and rationing of care, now tort reform has been thrown into the mix.

Yet it will do practically nothing to lower health care costs, and certainly will not fix our broken health care system. However, it will most definitely hurt patients injured through no fault of their own. Seemingly, the effects of legislation on real people have somehow evaporated from the discussion.

To break through all the hyperbole, lies, and distortions, the American Association for Justice today released a new report, "Five Myths About Medical Negligence." The next time a cable news pundit or opponent of health care reform starts talking about tort law changes, chances are this manual will rebut their claims.

As the health care debate moves forward, here are the key myths and facts:

Myth #1: There are too many "frivolous" malpractice lawsuits.
Fact: There's an epidemic of medical negligence, not lawsuits. Only one in eight people injured by medical negligence ever file suit. Civil filings have declined eight percent over the last decade, and are less than one percent of the whole civil docket. A 2006 Harvard study found that 97 percent of claims were meritorious, stating, "portraits of a malpractice system that is stricken with frivolous litigation are overblown."

Myth #2: Malpractice claims drive up health care costs.
Fact: According to the National Association of Insurance Commissioners, the total spent defending claims and compensating victims of medical negligence was just 0.3% of health care costs, and the Congressional Budget Office and Government Accountability Office have made similar findings.

Myth #3: Doctors are fleeing.
Fact: Then where are they going? According to the American Medical Association's own data, the number of practicing physicians in the United States has been growing steadily for decades. Not only are there more doctors, but the number of doctors is increasing faster than population growth. Despite the cries of physicians fleeing multiple states, the number of physicians increased in every state, and only four states saw growth slower than population growth; these four states all have medical malpractice caps.

Myth #4: Malpractice claims drive up doctors' premiums.
Fact: Empirical research has found that there is little correlation between malpractice payouts and malpractice premiums paid by doctors. A study of the leading medical malpractice insurance companies' financial statements by former Missouri Insurance Commissioner Jay Angoff found that these insurers artificially raised doctors' premiums and misled the public about the nature of medical negligence claims. A previous AAJ report on malpractice insurers found they had earnings higher than 99% of Fortune 500 companies.

Myth #5: Tort reform will lower insurance rates.
Fact: Tort reforms are passed under the guise that they will lower physicians' liability premiums. This does not happen. While insurers do pay out less money when damages awards are capped, they do not pass the savings along to doctors by lowering premiums. Even the most ardent tort reformers have been caught stating that tort reform will have no effect on insurance rates.

Over 98,000 people die every year from preventable medical errors. That's like two 737s crashing every day for a whole year. Instead of focusing on tort law changes that won't fix health care, let's make sure people aren't injured in the first place. Not only will that lower costs, but most importantly, will improve health care for everyone.

Read more at: http://www.huffingtonpost.com/anthony-tarricone/calls-for-tort-reform-des_b_345438.html&cp

You can view AAJ President Anthony Tarricone’s article on the Huffington Post and link to the article by clicking here.

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I was recently elected to the Executive Board of AAJ’s Traumatic Brain Injury Litigation Group in Philadelphia.

Attorneys with a special interest in representing individuals who have sustained traumatic brain damage formed the AAJ Traumatic Brain Injury Litigation Group approximately twenty years ago. We meet several times a year to discuss the medical and legal issues surrounding traumatic brain injury litigation and host programs to teach personal injury lawyers effective representation of individuals and their families in traumatic brain injury cases.

If I can assist your family and yourself with your brain injury legal case, please do not hesitate to contact us. To contact me by email click here or visit www.titololawoffice.com.

We handle cases of individuals who have sustained traumatic brain damage from of all types of accidents, including car accidents, truck accidents and other motor vehicle accidents.

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Tim Titolo elected to Executive Board TBILG

The American Association of Justice Traumatic Brain Injury Litigation Group elected Tim Titolo to its Executive Board in July 2008.  Elections were held in Philadelphia.

Tim is honored and enthusiatic to serve on the Board.  Tim has been very involved in the Group's yearly conferences in Las Vegas.  This year's member's only conference will take place at the Monte Carlo.

For more information about the TBILG, email Tim at tim@titololawoffice.com.

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I am attending the final rung of the ladder I have been climbing for the past few years.  I am attempting to become a Diplomate with the American Association of Justice and complete the Advanced Studies in Trial Advocacy course before my 46th birthday.  (next month!)

The effort has numerous requirements and this is one.

I will be in Washington DC at the George Washington University Law School from March 1 to the 6th participating in the Ultimate Trial Advocacy College: Art of Persuasion.

About The Program

Designed for experienced trial lawyers who want to improve their communication skills, the Ultimate is a unique experience—with an emphasis on developing lawyers’ personal communication and persuasiveness in dealing with juries. You’ll be questioned, challenged, and scrutinized by trial-toughened lawyers, trial consultants, and communications experts. This course will teach you how to form relationships with the jury, use demonstrative evidence effectively, and counter negative juror perceptions. Put classroom theory into practice in small workshops and gain confidence as your powers of persuasion increase.

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AAJ Education will present ten half-day CLE programs designed for the experienced plaintiff lawyer with a focus on advanced trial skills and popular specialized topics, plus one session of Litigation at Sunrise. Presenters include accomplished trial lawyers and other experts. Earn approximately 22 CLE* and AAJ Education credits, including 2 ethics credits, in 5 days, and gain a national perspective at these cutting-edge programs designed to help you better represent your clients.

ADVOCACY TRACK THEMES
• Proving Liability and Causation: Discovery in Complex Cases
• Focus Groups and Voir Dire
• Persuasion and Storytelling in Trial
• Motivating the Jury to Award Full Damages
• Defeating Mandatory Arbitration and Winning in Mediation

SPECIALIZED TRACK THEMES
• Traumatic Brain Injury (TBI) Cases—Proof of the Invisible
• Representing Veterans—Fighting for Our Troops on the Home Front
• Products Liability
• Medical Negligence
• Vioxx Settlement: You've Seen the Headlines--Now what happens?

NEW HOTEL ADDED

Registrations for the American Association for Justice 2008 Winter Convention are continuing to rise. Please note that due to overwhelming demand for hotel reservations, AAJ attendees have completely sold out the El Conquistador Resort & Golden Door Spa. A new overflow resort, The Rio Mar Beach Resort and Spa – a Wyndham Grand Resort, has been added to accommodate attendees. The Rio Mar Beach Resort and Spa will honor the AAJ Convention partial ocean view and ocean view rates offered at the El Conquistador Resort & Golden Door Spa.

Complimentary shuttle service will be provided between the Rio Mar Beach Resort and the El Conquistador. Final shuttle schedules will be posted on the AAJ Web site late November 2007.

Don't Delay –
Make sure to reserve a room today. Start your registration process by visiting http://www.justice.org/convention/PR08/. Special hotel rates are available at the convention hotel; these rates are valid only through our official agent, ETA. You must be an AAJ convention registrant in order to make hotel and travel reservations.

For more information and to register,
visit http://www.justice.org/convention/PR08/,
or call 800-424-2725 or 202-965-3500, ext. 613.

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I am invited to speak at the AAJ WInter Convention.  My presentation topic is on "Daubert Motions and Evidentiary Issues in the Brain Injury Case."  I look forward to meeting new and familiar faces in San Juan.

The 2008 Winter Convention of the American Association of Justice runs from Saturday, January 26 through Wednesday, January 30, 2008.  It will take place at the El Conquistador Resort and Golden Day Spa, 1000 Conquistador Avenue, Fajardo, Puerto Rico 00738.

The American Association for Justice (AAJ), formerly the American Association of Trial Lawyers (ATLA), is the leading national plaintiff organization.

I will post additional reminders as we get closer to the conference date.  If you would like more information or would like to register click here. 

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