Archive for December, 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

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Wednesday, December 15th, 2010 Personal Injury No Comments

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

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Monday, December 13th, 2010 18 Wheeler Accidents, News No Comments

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

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Monday, December 13th, 2010 Business Disputes, News No Comments

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

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Wednesday, December 1st, 2010 Auto Accidents, News No Comments