Archive for 2010
Arkansas Lawyer Michael Smith Advises Investors be on the Alert for Scams
Investment scams are a dime a dozen on the Internet. Skepticism is wise when things look too good to be true.
“If you’ve spent any time online looking at the variety of investments you could make, you likely came away with your head spinning. There are literally hundreds of them, and some of them sound terrific. But, and that’s a big but, you need to carefully scrutinize what you are seeing, as there are so many scams these days, you could easily get taken to the cleaners. We only need to remember Bernie Madoff and how many people lost their shirts because of his shenanigans to want to proceed with caution,” said Michael Smith, an Arkansas business lawyer.
Those new to the Internet and to searching for and finding good investments need to put themselves in the scammer’s shoes and try to think like they do. For instance, most of the deals that scream “scam,” are literally too good to be true. They promise huge profits in a short period of time for very little work. “Frankly, there is no such thing,” Smith said. “If there were that kind of opportunity to make scads of cash without doing much, then we’d all be rich and we definitely aren’t.”
It goes without saying that people love to make money. It makes our lives a lot easier. This is the button that the scam artists push. They know people want to make millions without lifting a finger and that people’s greed often overrides their common sense. The point is that any legitimate and legal investment has risks associated with it because that is the way the stock market works. Remember that one rule and it may be easier to spot frauds online.
“If anyone ever tells you something to the effect that the details of the investment and how it works are kept from others, implying you are special, there should be a loud siren going off in your head. This is a favorite scam tactic to make people feel they have inside information, only for them,” said Arkansas business lawyer Smith.
Can’t get a straight answer for trying? No one will provide details of how the investment is supposed to work? “Run in the opposite direction, as this is yet another clear signal something rotten is afoot,” Smith said.
The bottom line is that if someone does get nicked by a scammer, they do have some options open to them and one of them is seeking legal counsel. While that may work, it may be a long and arduous battle to recover any funds.
“To keep your money safe and sound, keep it in investment vehicles that are safe and well regulated. While they may not be as pretty as some of the other offerings online, they will return money in the long run, not rip you off,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Business Disputes Can Get Ugly Admits Arkansas Business Lawyer
Keeping a lid on business disputes is not always easy. People will be people and disagree, even when it is counterintuitive to a functioning business.
“Believe it or not, even smart business entrepreneurs can get embroiled in a difference of opinion with someone else and get right out of hand over the whole thing. Yes, they may even go against their own self interests and compromise something of great value because they’re being irrational. It happens when business matters heat up and begin to involve emotions. When emotions are involved, it’s tough to do negotiations or come to a reasonable resolution,” said Michael Smith, an Arkansas business lawyer.
Ideally, when it comes to business, there is not any room for egos to bull into the arena and create havoc. Unfortunately, this happens more often than not when high stakes business ventures are on the table. Personalities get mixed into the milieu and one thing leads to another, creating a disaster and a call for legal counsel. Litigation is expensive and there are usually winners and losers. That is just the way it is.
“In this day and age, there are even more solutions to differences of opinions such as negotiation, mediation and arbitration. Using these alternatives may take the sting out of the ego and allow both sides to focus on what the real issues are – a different way of doing business that the parties involved aren’t sure will work. While ego has a place in business creation and success, it doesn’t have a place when it comes to resolving an issue that is ultimately for the good of the whole corporation and their customers,” said Arkansas business lawyer Smith.
Leaving the ego at the door is a marvelous idea that will, in the long-term, wind up with a just and equitable solution to a problem involving how a company is run. It is wise to have legal counsel on hand for matters such as this, as when spite is about to do something short-sighted and tank something that only needs a slight tweaking, legal counsel is the voice of reason. After all, some of the choices made by an irate businessperson may ultimately backfire legally. There is no point in that.
When all else fails, retreat is another position to consider. However, in order to keep the wheels of commerce on the bus, it’s best to slog through the dispute and ask for sound and knowledgeable legal advice from an Arkansas business lawyer and resolve the issue in favor of the consumers.
Learn more by visiting http://www.Arkansaslawhelp.com
Big Rig Rollover Kills One Person And Injures Another
Big rigs travel the highways every day. And just about every day, one is involved in a collision that maims or kills another person on the road.
The case I wanted to talk about is one that I was made aware of while reading accident reports. While I did not handle this case, I have had cases similar to this. It just brought home the fact that there is a thin line between being safe and on the road to your next destination and being dead in the blink of an eye when a big rig rolls over. Death may visit the driver of the truck, just as easily as it can affect those around the vicinity of a semi when it crashes.
In this case, the trucker was hauling beer and was just about to merge onto a highway when he spotted a car stopped in the right lane. The driver was just sitting in the car at the time and no one knew why, aside from speculating about mechanical failure.
Unable to stop, slow down or swerve, the trucker attempted to avoid a collision, but smacked into the car, climbed an embankment and flipped over. The cab was severed from the rest of the truck and diesel fuel slopped out on the highway. The trucker was pronounced dead at the scene and the driver of the car was taken to the hospital, suffering some very serious injuries. It was several hours before the scene was cleared of debris, diesel fuel and dumped cargo.
Obviously, there would be an opportunity for the estate of the trucker to file a wrongful death lawsuit. However, the family of the car driver, or the driver himself, could also in turn file a personal injury lawsuit claiming the trucker was negligent in not watching where he was going, was perhaps speeding or maybe even driving while distracted. There are far too many possibilities to know for certain how this case may eventually turn out.
The point to be made here is that in most truck wrecks there are hundreds of details that need to be examined by a skilled Arkansas injury lawyer to determine liability, who to sue, what damages to ask of the court, which insurance companies are involved in the resulting melee and just what precisely happened to cause an accident in the first place.
Truck wrecks are not as simple and straightforward as they may seem at first blush. There are usually too many other parties with a vested interest in the outcome to think, even for a moment, that the case won’t be difficult to get to trial.
If you have been involved in a truck wreck and lived to tell the tale, speak to an experienced Arkansas injury lawyer. You should know right upfront what your legal rights are and how complex cases like this are handled.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Americans Die More Frequently In Car Wrecks Than Any Other Kind Of Accident
The number one killer today is car crashes. Auto wrecks are the leading cause of death for U.S. residents under 34 years old.
The number of auto wrecks that happen each year is enough to curdle your blood – over 40,000 people die in metal carnage every single year. That means that there are, on average, at least 115 deaths every day. That is the devastating loss of people that were loved and will be mourned for many years to come.
It’s not just the loss of life that is costly; it’s also the fact the car crashes cost at least $150 billion a year. While you might think this won’t happen to you, the statistics show that you are likely to be in at least one wreck in your lifetime. It is numbers like this that generally turn up in court when you are represented by an Arkansas accident lawyer attempting to obtain compensation for your injuries.
There are some things you should know if you are in an accident and the first thing is, even if you apparently have no injuries, call the police. You need to file an accident report, because if you do turn out to have injuries as a result of the crash, you need to have a paper trail. Part of that paper trail is a police report. In addition, these reports (usually used for insurance adjusters) usually determine fault. You will want to make certain your report is not only accurate but thorough. Any loopholes will cause a major headache for your Arkansas accident lawyer later.
What about witnesses? Yes, you need to have a record (interview) of all the witnesses and of any other parties involved in the wreck. If there is a diagram of the scene and/or pictures, get a hold of those as well. If the police aren’t interested in getting all this information, make sure you try to track it down yourself, complete with cell phone photos of the crash site.
Be aware that the most common injuries that you might suffer in an auto accident are muscle tears and strains, bone and joint injuries, paralysis, whiplash and head and neck damage. Most of these injuries are not seen and therefore are hard to prove to a jury later, never mind the insurance company who wants to minimize your injuries and/or reduce or deny your claim.
Get medical attention right away, even if you think you are fine. Ask the doctor to keep thorough records that may be needed for court later and ask that they note that your injuries are the result of your accident, if that is how they diagnose your condition(s). If you don’t have your injuries properly documented, this will be a problem in court.
Sometimes, when it comes to car crashes, the simple things that need to be done to cover your case later are overlooked. Pay attention to the details, because they will make or break your case when and if your Arkansas accident lawyer takes it to trial. Your damages may include recovering the cost of medical expenses, loss of property, loss of wages, pain and suffering and/or costs for long-term care if you sustained a life-altering injury.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Arkansas Injury Lawyer Smith Advises Bruises May Be Sign Of Elder Abuse In Nursing Homes
Nursing homes are meant to be places of safety. Unfortunately, this isn’t always the case.
“If you’re in the situation where you need to place a loved one in a nursing home, you want to know they will be safe, treated with respect and dignity and will be well cared for. The last thing you want to find out is that they are being abused. While you might not want to think about that, this does happen in a great number of nursing homes. Your loved one may be facing physical or emotional abuse on a daily basis. Are you aware of what is going on in the nursing home?” asked Michael Smith, an Arkansas injury lawyer.
Those who aren’t certain what is going on in a nursing home and whether or not their relative is indeed safe should watch for the sometimes-subtle warning signs. This is actually a very significant responsibility for those with family members in a home, as seniors are not throwaway people to be ignored and treated badly. They are people who deserve respect and protection. If they are not getting what they deserve, it’s crucial to consult with an Arkansas injury lawyer to put a stop to the abuse.
Physical abuse tops the list of atrocities that seniors may face every day; abuse that inflicts physical harm. This may involve slapping, hitting, pinching, shoving or other forms of direct physical contact. There is also a more subtle form of indirect abuse that may involve food deprivation or withholding needed medications. This kind of abuse virtually ensures long-term trauma for seniors who have to rely on the help of others while in the home.
“While it might seem obvious to say look for bruises, I don’t necessarily mean bruises on their hands and arms, although that is a common location. There may be bruising and welts in other locations as well. Be aware of their physical condition at all times, as any change may signal they are being abused. For instance, inner leg bruising may indicate sexual abuse. If you don’t know, don’t waste time arguing with management, contact a skilled personal injury lawyer and find out what can be done,” Smith said.
In some cases, abuse manifests itself as broken bones, sprains and dislocations in the hip area; usually a result of being shoved and pushed about by a caregiver. This causes hip dislocation and a possible fall. Shoulder injuries may also arise from rough handling.
“Look for broken glasses that may be a result of someone applying force to their face. Also be alert for rope marks on wrists, a sign of illegal restraint. The bottom line is, if the nursing home isn’t happy to have you visit your mom or dad or grandparents alone, be wary and alert,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Don’t drive with a suspended license
This 18-wheeler and truck accident should never have happened. The driver at fault had a suspended license.
If there was ever a case where someone with a bad driving record should not be driving with a suspended license, this would be it. This accident involved an 18-wheeler and a truck and the resulting melee shut down a major U.S. highway for over an hour. It’s a wonder there weren’t more injuries that would involve contacting an Arkansas accident lawyer for assistance to recover compensation for personal injuries.
The driver of a Dodge 2500 pickup decided, for some unknown reason, to turn in front of a northbound big rig. The Dodge driver was trying to get into a parking lot at his local dollar store. Whatever possessed him to turn in front of an oncoming semi defies logic, but the end result of this smack-up was an out of control semi sliding into a power pole. The offending Dodge squeaked by a gas line and just missed a home. You can picture the mess that would have been if the gas line had ruptured.
The trucker wasn’t injured in the crash, but the Dodge driver and his children did receive minor injuries, which could have been a lot worse. No one went to hospital, but they were checked over by EMS crews. Evidently, the Dodge driver had not been drinking and driving, but he was ticketed for turning when it was unsafe to do so and driving with a suspended license. With a suspended license, it’s safe to assume his driving record was not exemplary. In addition, his lack of judgment and driving skills would seem to point to yet more reasons why he should not have been driving, period, let alone with two children in his truck.
Accidents are never a lot of fun, but unfortunately, they can and do happen at the drop of a dime. All it takes is just one miscalculation about speed or distance, and things like this situation can happen. Thankfully, it turned out well for those involved, but it could have been a nightmare in the making.
If you have been involved in a situation such as this, or something similar, it’s a wise move to call an Arkansas accident lawyer. You never know when minor bumps may turn into major brain trauma. It has happened and people have lost their lives because of it. Never hesitate to ask legal questions, as you need to know your rights to determine how to proceed in your particular case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Arkansas Accident Lawyer Smith Sees Drop in Lawsuits When Doctors Say Sorry
Something as simple as an apology may reduce the number of medical malpractice lawsuits. It’s an innovative approach to a touchy problem.
“If your doctor said that he or she was really sorry about what happened to you, would you perhaps make the decision to not sue them for medical malpractice?” asked Michael Smith, an Arkansas accident lawyer. It seems that might just happen in some instances.
This is a new approach to doing medicine being implemented in the University of Michigan health system and is a deceptively simple program that has resulted in a dramatic drop in medical malpractice lawsuits. “What does it involve? Well, oddly enough, the program promotes medical professionals taking complete responsibility for any medical error they made and acknowledging it was an error. Evidently, malpractice suits have dropped by 60 percent,” Smith said.
This new way to practice medicine is patterned after the Texas program dubbed “Sorry Works,” and it seems to be working well for the University of Michigan. The program sees those who have made medical errors admit to the error, say they are sorry for the mistake, implement procedures to avoid it happening again and offering reasonable compensation for any harm caused. This simple, yet effective approach has diverted a lot of malpractice suits.
“Stop and think about that one for a minute. If you had come to harm at the hands of your doctor and they in turn denied responsibility and liability for the error, how would you feel? Most patients would feel victimized and want to sue to recover compensation for their medical bills, pain and suffering, etc,” said Arkansas accident lawyer Smith.
“On the other hand, if the doctor came to you and said right upfront that they made a mistake and were very sorry for it and worked to ensure it never happened again and even offered you compensation, what would your reaction be?” he asked. Chances are, if a patient injured at the hands of a medical professional gets a heartfelt apology, they won’t sue. Human beings appreciate sincerity and honesty, even when it comes to medical mistakes that may have harmed them.
This kind of an open approach to dealing with malpractice is a refreshing change from the deny everything routine and hiring the best defense lawyers going to squash the claim and the claimant. All victims really want is for someone to take responsibility for their mistakes, and that includes medical professionals – who are, after all, human beings who can and do make mistakes.
When it’s evident a mistake has been made and the doctor/nurse denies it, many patients seek legal redress out of desperation and a sense of being wronged. “Which, when you mull that over, makes perfect sense. It’s being betrayed by someone you are supposed to trust and when they don’t take responsibility for their screw up, it hurts, angers, aggravates and drives people to sue,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Resolving business disputes isn’t always easy
Running a business is not the easiest thing in the world. Knowing how to resolve business disputes is a major asset.
Running a business is something most entrepreneurs revel in. They thrive on the adventure and develop some finely tuned skills to run their businesses. If their business gets big enough, they may even hire people to work for them. Success is something most business owners strive for and the best way to be successful and on top of your form is to know how to solve and resolve business disputes. We’re all human and from time to time, things hit the fan. It’s the mark of a smart businessperson to know how to nip disagreements in the bud.
The first thing to try is direct negotiations. Cut to the chase and get it done. This is considered to be one of the most cost effective ways of handling disputes. That isn’t to necessarily say this is an easy method, because it often isn’t. Before jumping off into uncharted waters and attempting direct negotiation, look at the issue causing the problem from every possible angle.
For example, one of the things you need to ask yourself before you start is if you really want to keep a relationship with the other party now or for the future. You might also want to consider if you really want to deal with the dispute at all. For extra input on your situation, contact a knowledgeable Arkansas business dispute lawyer.
While that may sound counterintuitive, there are situations where some things are best left alone for a variety of reasons. Know what those reasons are before starting something you might not be able to finish. Also, walk a mile in the other side’s shoes. This gives you a much broader perspective from which to work. It may also provide a solution to the sticking point.
Mediation is also a good recourse, where a neutral third party moves things along to resolution. The mediator is not the decision maker, but instead, the facilitator who helps both sides reach a mutually agreeable resolution. Keep in mind that any talks during mediation can’t be used in court for the simple reason that the information is confidential. If you aren’t sure about the rules, call an Arkansas business dispute lawyer for help.
You might also want to try arbitration, where an arbitrator hears both sides and then makes a decision; sort of like a judge. In arbitration, the decision is binding and even if the parties involved don’t like the decision, it’s a done deal. This process is generally longer than mediation.
When all else fails, there is always litigation, something most people want to avoid due to the costs. The case goes to court and the judge makes a decision based on the evidence – meaning which party is in the wrong. If you have to go to court, then you do what you have to do. But the vast majority of business disputes are settled out of court, usually because each side figures they might lose if they actually start a trial.
When in doubt about what will work in your situation, contact a seasoned Arkansas business dispute lawyer for advice. It’s the best money you will ever spend.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Tricky business disagreements often need legal counsel
Running a business isn’t the easiest thing to do. Often, no matter how well things go, there are disputes.
Running a business, especially these days, is an adventure fraught with angst, waiting for the other shoe to drop, wondering where the money will come from to keep the business running and trying to keep everyone satisfied. There’s a lot of juggling involved in handling business matters from day to day. Sometimes people get hurt in the process.
While things might seem like they are running well, they sometimes get a bit frayed around the edges and there are disagreements. Knowing what the most common ones are and stopping them before they become major arguments is a good idea. Having alternative resolution methods, like mediation or negotiation, is also a very smart move. It may save a bad situation from becoming worse.
Employment disputes are the most common disputes that take place in a workplace. These kinds of disagreements can come up for just about any reason, but the most commonly cited reasons are: discrimination, payment issues, salaries or benefits, differences of opinion over maternity leave, unfair dismissals or choosing representation at an employment tribunal.
There are also disputes that may arise between one business and another. While cooperation and partnership is the best way to advance everyone’s cause, these kinds of relationships are usually pretty complicated. Inter-company arguments generally involve very serious issues and the best way to resolve them is legal action or mediation in many cases.
When two or more people own and run an organization, there are bound to be disputes. Arguments and differences of opinions between those who lead are often very difficult to handle without damaging interpersonal relationships and working arrangements. Most often, the differing points of view arise as a result of one person wanting to go in a direction another does not, haggling over money, hiring disagreements and/or a change in leadership, planned or unplanned.
You can also expect to find breach of financial agreements and breach of contract situations in a workplace. This is considered to be one of the more serious concerns faced by a business and generally speaking, legal advice and counsel is the best route to go. Contracts are legally binding and must be treated accordingly. They must be upheld either legally or voluntarily by common agreement.
If you have been in any of these situations, you will know that things are much more difficult without good legal advice from a skilled business lawyer. Good legal advice is always spot on when you have a business to run that depends on everyone getting along.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Know the reasons why car wrecks happen
It doesn’t take a rocket scientist to know what the causes of car accidents are. But it does take personal responsibility to avoid those accidents.
If you’ve read anything lately on the Internet or in the news about car accident statistics, you’ll notice that they are going up. That’s disturbing news. Unfortunately, most accidents are avoidable (unless it’s a mechanical defect) and people are just not taking responsibility for their actions.
For example, everyone knows that drinking and driving is just asking for an accident to happen. And yet, people go ahead and do it. They think nothing will happen to them, that they will make it home safely, that they haven’t had too much to drink and that they can drive just fine. They don’t stop to think about the consequences of their actions.
They don’t get that they may maim or kill someone’s family member. These roles could well be reversed by the way, with the drinker losing a loved one to a drunk driver. The first person to get outraged over the accident is the person who makes it a habit to drive drunk.
These days, driving while under the influence doesn’t just mean under the influence of booze, it also means under the influence of drugs, which can include street or prescription drugs. It’s quite the social commentary on the direction humanity – that over time, people have come up with more ways to drive dangerously, not taking ultimate responsibility for their actions and addictions.
Driving while fatigued is yet another very common occurrence on the road. Take the case of an Arkansas woman, on her way home from her sister’s wedding shower party that ended at 2 a.m. She was almost home when she dozed off behind the wheel of her car, drifting into the oncoming lane, right into the path of an 18-wheeler. She never knew what hit her. Police reports across the country commonly cite falling asleep at the wheel as the reason for horrific crashes, causing serious injuries and death. This is yet another situation where people don’t take responsibility for their actions. If you’re tired, take a nap. It could save your life.
Observing posted speed limits is also something a great number of people don’t do, often with drastic consequences. Life is about choices, and choosing to speed is choosing to take the risk that something bad will happen if you lose control of your vehicle. Choosing to speed is choosing to put other people’s lives at risk for your fun. Think about that carefully the next time you get behind the wheel of a car and have the itch to let it out full speed. You may end up someplace you weren’t originally going when you left home – in the hospital or dead.
If you’ve been in a car accident that was someone else’s fault, speak to an Arkansas injury and accident lawyer, it will increase your chances of getting a fair settlement. While some people feel they can file an accident claim on their own, they often don’t have the kind of experience needed to deal with the predatory insurance companies. A seasoned and capable Arkansas injury lawyer knows how to handle insurance companies. It’s what they do best and to your benefit.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
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Recent Posts
- The Bavis Wrongful Death Lawsuit is the Last of the 9-11 Suits to be Settled
- Man Stabs Mother After Stopping Anti-Psychotic Medication
- Fast Moving Car Crashes Into Amish Buggy Causing Fatality and Injuries
- Nursing Home Abuse Comes In Many Forms, Some Too Subtle To Spot Immediately
- Fractured Femur Leads to Medical Malpractice Suit