I’ve been hobbling around for about a week with a bad foot that got worse.  I normally walk my dogs about three miles a day. I have a very different  understanding of how foot pain can affect your daily life and routine  than you might have.  My neighbor whose foot is in a cast has been forced to living on his couch for a number of days.   Things that you normally do, you no longer can do.  You try to see what you can do and if you find that doesn’t work, the result is pain.  So, you start doing less so that you feel better (read that as hurt less!).  Those fun things you used to do, you have to not do and stay at the sidelines and find how to best stay comfortable. 

I’m looking forward to a quick recovery.  So are my four legged friends!  We’ve got balls to run after and catch!  We’ve got places to explore.  They will tell you it’s not much fun not to get out and see what’s going on in the world, even when the temperature is around 100 degrees.  Variety and fresh tennis balls are the spice of life.  So, the next time that you start thinking to yourself that someone is exaggerating their condition and pain, just remember how you felt when you had a cold.  See my earlier post How Well Do You Handle Suffering?

Fortunately, I should be making a full recovery.   Unfortunately, I can’t say that about many of my injured clients.  Take it from Big Foot that when the shoe is on the other foot, it’s a whole other ball game.  One you wouldn’t want to trade places with particularly when the injury is permanent.

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Today, a truck caught fire outside my office window. I called 911. Fortunately, no one was hurt. You see them along the road occasionally, but it’s not every day that you see one outside your window!

First, get away from the fire.  Get everyone out of the car or truck as fast as possible.

Second, move far away from the car.  Remember that your car or truck has gasoline in it and can explode. Don’t stand close to the vehicle watching the fire. If the car explodes from the gasoline catching fire, you won’t have time to move to cover. So, get back from the car.  You can get another car or truck.  You don’t want to take the risk of injury.    In the case of the fire outside my office window, the police  had the entire block blocked off so that  no one would get hurt.

Third,  call for emergency help.  Give them good directions on your location.  They are trained to put out fires, but can’t put it out if you don’t give them good information on where you are.

Fourth,  don’t be tempted to go back into the car or truck to try to save your possessions.  It’s not worth the risk.  Be safe and wait for the fire department.

Fifth,  don’t be surprised by all of the smoke.  Car tires on fire put out a lot of smoke.  It’s another reason to stand far back from the burning vehicle.

Firemen and police are trained to deal with this type of emergency.  Think through in you mind what you would do to protect yourself and your family if you vehicle caught fire.  No trips to the hospital are a great outcome for what is a very dangerous situation.   Thankfully, no one was hurt with the fire that occurred today.

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Vestavia Hills passed a local ordinance that makes it illegal to text while you drive.  Our Alabama Legislature did not pass the bill that had been introduced.  While there may be some issues relating to Vestavia’s ordinance, the fact of the matter is that what they are trying to do is protect you and me.  “Our ordinance recognizes the threat to public safety that is posed by electronic messaging,” said Vestavia Hills’ council president, Mary Lee Rice.  We are likely to see other cities also pass similar laws.

I’ve previously written a number of posts about the dangers of cell phone use while driving.  If you want to text,  save a life and stop driving.

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A settlement of a case means that both sides have to agree to the terms of the settlement, how much money is paid and when it is paid as well as any other terms the parties may agree upon.  Many people get the idea that they can simply demand a certain amount of money or they will only pay a certain amount  and the other side will agreed to it.

Think about that for a minute.  If you go out to buy or sell a car,  it has a fair market value – what fair minded people would pay for it.  A 2003 Ford Tarrus in good condition with 70,000 miles on it has a value that people are willing to pay. Assume for the moment that the fair market value is $4,135.00 for that year, make, mileage and condition.  Just because the seller wants more money and inflates the price by $30,000 does not mean that you or someone else would pay that much.  The same is true about the value of a case.

If someone offers to buy the car for $500, the seller has no risk in turning down the offer.  It’s not close to what the value of the car is and what a reasonable person would pay.  If, however, he gets an offer of $4000.00, he risks that there may not be anyone else willing to buy the car at that time for more money.  He might lose his chance to sell the car on a timely basis, so he may seriously consider selling the car.  He’s got something to lose if he doesn’t sell at that price.  Namely, owning the car and taking the risk that it may not sell for a long time and not having the immediate availability of the money from the sale.

In a lawsuit, the risk is that a witness may not make a good impression.  Someone may question the motives of the person who caused the injury to the driver.  If the driver who caused the injury had been drinking alcohol, a jury may not believe him when he testifies about how the accident occurred.   Someone also may question the motives of the person who was injured.  Are they likeable?  Did they try to get better such as following the doctor’s treatment?  You get the idea.

A number of factors go into valuing a case.  If it’s settled, both sides have to reach an agreement that fairly values the case and the risks that either side may lose at trial.  In the end, if a case is settled, both sides have to be reasonable in valuing the case.  Normally, when a case is not settled, it’s because the defendant is not willing to pay the reasonable value of a case.  To win at trial, a plaintiff has to convince all of the jurors to vote in favor of them, both that the wreck was caused by the other driver and on how much should be paid to fairly compensate the injured person for their injures, pain and suffering, and future care and impairment (what they still won’t be able to do as a result of the injury).  A defense verdict can occur when all of the jurors vote against a plaintiff or when the jury cannot reach a verdict – because  not everyone agrees on the same verdict (it only takes one person on a jury not to agree that the plaintiff should win for the jury not to be able to reach a verdict even if all the others vote in favor of the plaintiff in Alabama.  Juries in Alabama have to reach a unanimous decision – everyone agrees to the same verdict).  Plaintiff’s take those risks into account when trying to settle their claim.

So, simply asking for the moon won’t get a case settled nor will refusing to pay the reasonable value of a case.  Both sides have to agree to the terms, otherwise there is not a settlement.  That’s what trials are for, to resolve disputes when the parties cannot agree to the terms to settle a case.

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One of the things that I do as an attorney is a lot of driving. This past week I drove up to Huntsville for the  mediation of a case. Another day, I was headed to the Lovelady Center to lead the Alpha Course, a basic course on Christianity. I noticed that I saw a person checking their phone and texting while driving on the interstate during rush hour traffic. Was he nuts?

You will not see any Olympic athlete texting during their event while they are competing. We have seen some amazing performances taking place at the Olympics and the difference between winning and losing has been in many instances a split second.  Spit seconds also make the difference between someone being in an accident, someone killed in a wreck and someone avoiding a catastrophe. Drive like you are an Olympic Champion, fully focused on what you are doing.

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The weather is supposed to get bad tomorrow with predictions of 1-2 inches of snow! If it does, please don’t drive! We don’t have the roads prepared like they do in areas that normally get snow. More importantly, even if you do or think you know how to drive in snow, everyone else in Alabama (or nearly so) doesn’t know how or have much experience driving in snow. You will be a target for them to hit you. Also, remember that bridges ice quickly even if there is not snow, so be careful.

I’m assuming that you’ve already got your bread and milk – snow survival food in this state. So, stay safe by staying off the roads and enjoy the pretty scenery at home with your family. You can take a walk in it and ponder the the last time it really snowed a lot here. If it snows, please don’t drive in it.

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We are in the midst of a number of weather changes. Today, it seemed like perfect weather. However, in the next few days the temperature is expected to drop. Check your tire pressure now before it gets cold. Also, go ahead and check your tire tread. I just got some new tires this week. The tread was worn and I didn’t want to be risking my life or the life of anyone in my car or another driver due to worn tread. Note, they were not worn out. However, they were worn enough that it didn’t make sense to me with all the accidents I see to try to squeeze a few more miles out of them. I replaced them, so that I could avoid an accident. In Boy Scouts the motto is “Be Prepared.” Check your tires.

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Last night we enjoyed watching Alabama win the National Football Championship – Roll Tide!!!!!   Today, it is snowing in Birmingham.   People in Alabama are good at cheering on their football team.  However, driving in the snow is not one of our strengths.   Please stay off the highways and stay safe at home.  Regardless of whether the snow accumulates, bridges quickly freeze and you can easily lose traction.   If you do drive in this weather, be extra careful, slow down, and allow extra distance to  stop.   Roll Tide!

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Yesterday, I was a speaker at a continuing legal education seminar at the Birmingham Bar Association entitled, “Recent Developments in Employment Law” to give the plaintiff’s lawyer’s perspective on recent developments. ( I handle a number of employment related situations in trying to help people put their lives back together when they have been treated unfairly.)  There was also a defense lawyer who gave the defense perspective. We discussed recent Supreme Court cases and legislation.

Some of the people at the seminar were surprised when I stated that plaintiff’s really don’t want to be in a lawsuit.  They are not sitting around looking  for someone to sue.  Most people prefer never having to resort to going to court.  It’s their last option when they have not been treated fairly.  It does not matter whether the plaintiff suing is in court because they lost their job or because they were severely injured.  They would prefer it if they didn’t have to sue.  Who wouldn’t rather do something else than have a lawyer representing the defendant trying to do everything they can to make you lose, including accusing you of being a liar, that what happened was your fault, and minimizing your injuries?  Their job is to make sure you lose.

Some people ask me why I represent plaintiffs most of the time.  I try to help people put their lives back together.   A client told me today while wishing me a Merry Christmas that she wanted to meet my mother and father, they were welcome to come by her home and eat some turnip greens.  She reminded me of my grandmother, Grandma Ross.  She adopted us as grandchildren, after both of my grandmothers had passed away when we were very young.  She had a heart of gold and was always trying to help someone!  So does the woman who called me today.  Her dignity is at stake as well as her lost wages.  It’s embarrassing to be seen by people in her community and when they ask why she’s not still working where she used to be, she has to tell them they fired her.  So, I’m glad I can use my expertise to help her.  No one should treat another person unfairly.

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One of the lawyers in our office saw this and passed it on. I thought that you might like the sentiment as well. I hope you have a wonderful Christmas celebrating the birth of our Lord and Savior who was born and died for each of us.

P.S. Be sure to be safe as you enjoy time with family and friends!

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