Personal Injury
Stock Fraud Nails Many
Stock fraud these days seems to be almost as common as product recalls. People need to be wary about investing in stock without doing due diligence.
“Generally speaking, there are two kinds of people who want to venture into the world of investing. Those who have an optimistic point of view on investing (if all goes well) but remain skeptical in light of recent fraud cases, and those who are skeptical first and try to hang onto their sense of optimism that not everyone is out to scam you,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and dealing with stock fraud cases in Little Rock Arkansas.
The most successful investors seem to have a certain internal radar about them that can spot a dud at fifty paces and the Bernie Madoffs of the world don’t get past their front door. “Having said that, it’s not easy to spot a fake, particularly when the fraudster is charming, personable, has a good reputation and an ‘image’ that projects confidence and trustworthiness. It’s those with the glib gab that get the furthest and make the biggest bucks in scamming people,” commented Smith.
Is it really possible to pull the wool over people’s eyes, take them for mega bucks and keep doing it for years? Yes, it is possible, and it’s possible because people have not done true due diligence in checking out the investment opportunity. They have relied instead on that illusive word of mouth from others and a person’s reputation. They have not checked into any details in any depth, and this is how people get ripped off.
“While people don’t like to question those that appear to be in the know, be successful and may even be a friend, it’s in their own best financial interests to check, check, check and check again,” added Smith, who has handled some interesting stock fraud cases in his years of practice. “You need to protect your ‘own’ interests first and if that means the person who is offering you a ‘great deal’ stops talking to you, you may just be better off,” he said.
Relying on mere trust without checking is precisely how Ponzi schemes get going and stay flourishing until the roof falls in one day. “Put another way, the person who unwittingly gets back his principal investment (from newer clients) as their ‘return on their investment’ just sets the person up to be a sitting duck who unintentionally may supply other victims to the scammer,” outlined Smith.
“Here’s one thing that you might want to watch out for if you’re planning on dealing with an independent investment advisor. First off find out if the advisor’s independent accounting firm is an obscure, ‘who in the heck knows who they are’ kind of firm,” recommended Smith.
If the investment advisor someone is working with keeps custody of client assets (money), that means they “must” have independent audits and unannounced audits by the SEC. If the advisor isn’t keeping the assets, but a group does, the client has statements to verify what is going on. In the Madoff case, the accounting firm was a “who in the heck are they” kind of firm. Red flag number one.
There are other areas to check as well, including the answers to the advisor’s ADV on the SEC site.
Analyze them carefully, because quite often there are clues sprinkled in the answers that will tip someone off that all is not as it appears to be. “When in doubt, speak to an attorney who handles cases like this and have them check the information out. It could save you a whole lot of economic grief,” stated Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
The Bus Was in Neutral When It Injured Another Motorist
School bus drivers really need to pay attention to their driving. This driver left his bus in neutral and injured another motorist.
It goes without saying that if someone is driving a school bus, they have a duty of care to pay attention to what they are doing at all times. They are hauling a lot of potential victims should they become involved in a crash like the one in this case.
No one is quite sure why the bus driver in this instance left his school bus in neutral, other than his own comment later that he forgot it was in neutral. What happened here is that a woman was struck head-on as she was waiting for the school bus to proceed forward just after it let some students off.
The bus driver said he’d had problems with shifting the bus into drive after dropping off a physically handicapped student. At that time, the school bus doors were not closed. He radioed for help to the dispatcher while putting the bus in neutral. The dispatcher told the driver what he needed to do to move the bus forward, and that was make sure the doors were closed first.
The bus driver made sure the doors were closed, but didn’t remember he was in neutral. The end result was colliding with another motorist, who was taken to a local hospital for treatment for her injuries. The rest of the students on the bus were not hurt.
“The first thing that comes to mind here is that the driver of the bus obviously did not have enough experience to be driving a school bus. Whether that means he didn’t have adequate training, which could be inferred from him not knowing how the bus moved forward, or was driving a bus he wasn’t familiar with, the results were an accident that could have been worse than it was,” outlined Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law in Little Rock Arkansas.
“As it stands, the woman who was hit has what appears to be a good case to file a personal injury lawsuit to recover, among other things, any medical expenses associated with her injuries and any damages relating to her car,” added Smith, and Arkansas accident lawyer.
As for the school bus driver, until a further investigation is completed, it may not be clear if forgetting the bus was in neutral was his only transgression. He may have been listening to an MP3, texting while waiting for dispatch to respond or even reading a school bus manual. “Whatever the case may be, there is a good chance he will be found responsible for the woman’s personal injuries,” indicated Smith.
In cases like this, it may be that the motorist was not badly hurt – or at least, that is the way things may ‘look’ on the surface,” explained Arkansas accident lawyer Michael Smith. “However, minor injuries have a way of developing into something much more serious later. This is one good reason to talk to a personal injury lawyer if you have been involved in an accident,” he commented.
Learn more by visiting http://www.Arkansaslawhelp.com
Big Rig Blows Stop Sign
This three vehicle pileup, the result of a big rig running a stop sign, killed one.
Traffic signs are put in place for obvious reasons. Those who fail to pay attention to those signs are running a very real risk of serious injury or death, as this case that we heard about demonstrates. A big rig driver blew a stop sign and because he did, he was involved in a crash with another semi and a minivan. The driver of the minivan was killed.
This accident happened when the driver of a tractor-trailer unit didn’t obey a stop sign at a road connecting with a highway. Just as he was sweeping onto the highway, he broadsided another 18-wheeler. The impact was so forceful that one rig was shoved into the northbound lane where it hit a minivan.
The driver of the van was virtually crushed into his vehicle like a sardine in a tin and the Jaws of Life had to be used to extricate him. Unfortunately, his injuries were so severe he died at the scene of the accident. As an Arkansas accident lawyer, we see cases like this quite often. They are never easy for the family and the shock of losing someone they loved is monumental.
Evidently, the drivers of the two big rigs were not badly hurt and managed to walk away from the scene with minor injuries. While the police report indicated that they didn’t believe drugs or alcohol were factors in this accident, there would be a full investigation to determine why the first trucker went through a stop sign.
On the face of this case, the trucker who went through a stop sign will likely be cited for failure to obey traffic signs and possibly speeding and driving while distracted. While there was no mention of a cell phone or laptop in the police report, it doesn’t mean the trucker wasn’t on his cell phone either talking or texting when he ignored the stop sign.
He may also have been hunting for a map, watching a movie on his laptop or picking something up off the floor. There may also be the possibility he was under the influence of prescription drugs or had been driving too long and was exhausted. If any of these scenarios is the case, the family of the minivan driver will have a good case to file for a wrongful death lawsuit with an Arkansas accident lawyer.
In cases like this, it is best to discuss all options with a skilled personal injury lawyer with extensive experience handling 18-wheeler accidents. There are usually a number of things that need to be done right away, not the least of which is to preserve evidence, gather reports, pictures and medical records. Time is truly the enemy in crashes involving 18-wheelers, so don’t wait to speak to an Arkansas accident lawyer to find out what your rights are and what to expect if you have a viable 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
Motorcycle Crashes on the Rise
There isn’t much question that motorcycle crashes are on the increase. One only has to read the local news to see that.
Virtually every weekend someone is killed in a motorcycle crash. Whatever caused the accident, bad roads, bad weather, motorist inattention or even speeding; the statistics are mounting at a rapid pace. Just recently across the nation one weekend witnessed the deaths of at least 20 bikers for a variety of reasons. Sadly, in many of them, speeding was the critical factor that ultimately caused the deaths.
Overall statistics for biker deaths in America are quite alarming. For instance, in 2006 there were 4,837 motorcycle fatalities. In 2007, that figure went up dramatically to 5,154. That means that motorcycle fatalities accounted for 13% of all road fatalities in 2007, which was up from roughly 11% in 2006.
Typically most of the fatalities involved motorcyclists aged 20-29. And the more troubling statistic is the fact that roughly 25% of these people who died had invalid licenses. It doesn’t take a rocket scientist to see that motorcycles have the potential to be death traps for the inexperienced.
Speeding while on a motorbike is literally an accident looking for a place to happen. In one recent weekend incident, a biker slammed into the back end of a parked car at the side of a highway so hard, the car wound up on a guardrail. You can only imagine what condition the biker was in when the police finally dislodged his remains from underneath the car.
For those that do survive a motorcycle crash the injuries could range from scrapes and road rash to broken bones, traumatic brain injury, herniated discs, paralysis and death. Not exactly the kind of thing anyone wants to hear when they love riding their bikes. However, that is the reality of life and at times, life as a habit of biting people hard when they least expect it.
No matter what the reasons are for the accident you may have been involved in, you will need a skilled personal injury attorney to help you get damages. Those reasons may include negligence on the part of another person, improperly maintained roads, reckless driving on the part of another, or an improperly maintained bike.
All these things need to be factored into a motorcycle personal injury lawsuit or a wrongful death suit. Talking to your experienced personal injury attorney will make things clear on how to proceed with a potential lawsuit.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
To File or Not to File a Med Mal Suit
It’s not always easy to tell if you were the victim of a medical malpractice situation, unless it happens to involve a medical error, surgical error, or a misdiagnosis or delayed diagnosis.
Filing a medical malpractice lawsuit is a matter of personal choice, and whether or not the patient genuinely feels they have been the victim of medical malpractice. There are times when a patient gets to a point with their illness, or other medical situation, and looks back at how they got there and wonders what went wrong.
The first answer to come to mind doesn’t always happen to be medical malpractice. In fact, many people don’t even blame their doctors for making mistakes or figure no one could prove they made an error anyway, so why waste time filing a lawsuit?
While it’s true that proving medical malpractice is difficult, it is not impossible and this largely depends on the nature of the case. There are countless numbers of ways that things may take a turn for the worse when in medical situations and that would include the fact that different people react differently to various medical procedures as well as medications.
The simple fact here is also that physicians must make decisions based on what evidence they are able to see at the time, and then make decisions instantaneously. It’s not an easy job being a doctor.
Despite the difficult tasks doctors face, the mistakes they and other medical personnel have made are proven to be of significant harm or death to patients. Patients who have suffered at the hands of a medical mistake have the right to file a personal injury lawsuit (medical malpractice). The families of those who have lost a loved one also have a right to seek redress from the courts as well.
Those victims of med mal that are faced with long-term suffering should be able to seek compensation through the courts to be able to deal with the consequences of their injuries. This is actually one of the main reasons why people file med mal lawsuits - the financial difficulties a family will face trying to provide care for a patient who was a victim of a medical error. Money like that does not come from standard health insurance.
If you think you or a loved one has been the victim of medical malpractice, medical error, misdiagnosis or delayed diagnosis, contact a skilled personal injury attorney to take on your case.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
The Challenges of TBI
Many people don’t understand or realize that a person doesn’t always lose consciousness when they’ve sustained a traumatic brain injury (TBI).
Generally speaking, the major cause for traumatic brain injury is car crashes, but this isn’t to say that other accidents might not happen that would also cause a TBI – for instance, slip and fall and hitting one’s head, diving, some form of sports, injuries sustained in a war zone and so on.
In some respects, a TBI is almost what might be called a silent injury, as no one “sees” it, often until it is too late. When someone sustains a traumatic brain injury, immediate medical assistance is crucial to deal with the consequences of a coup and contre coup injury.
In most cases, there are short and long-term symptoms to deal with daily. Thankfully, the short-term effects are mercifully short lived and may last only as long as a few hours to a few months, but do disappear. Unfortunately, long-term effects may last for years or ultimately wind up being permanent. The difficulty with TBI is that it is literally impossible to figure out which symptoms will last until a great deal further down the road.
The length of time for injuries like this to last is a major consideration when contemplating a personal injury claim. This is why it is best to hire an experienced personal injury lawyer to handle a complex case such as this. Damages in cases like this may run quite high for the simple reason that the injury is long-term and care ongoing.
When dealing with the symptoms of a TBI, the usual one that most people notice is they will suffer from amnesia for a variety of things, and they may even forget about their accident. This shouldn’t be too surprising, since the brain tissue has taken a hard knocking about and the memory will be affected.
TBI victims may feel very dizzy, nauseated and perhaps be disoriented as well. While the dizziness may recede, it may also hang on long enough to occur intermittently. This would largely have to do with how serious the injury happens to be. It also isn’t much of a surprise that memory loss is a long-term effect. Of course, the most common problems happen to be severe headaches, sensory changes and as we already mentioned, memory loss.
If you suspect or know that you have sustained a TBI, consult with a highly skilled personal injury attorney to discuss the merits of your case and what the potential is to recover damages to pay for inevitable long-term treatments.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
The Big Rig Crashes Are Deadly
It isn’t rocket science to figure out that if a vehicle gets into a dust up with an 18-wheeler, there are going to be serious consequences, including death.
Despite more and more rules of the road enacted for the safety of all vehicles, accidents just keep on happening. The worst of those accidents involve the large rigs (big rigs, 18-wheelers) we all see daily on the highways as we travel to work. Any accidents involving them are serious and result in (for those that survive) significant medical bills, many trips to the hospital and often-permanent disabilities.
What will it take to stop the carnage on the roads, to bring the death statistics down and to make the highways a safer place for everyone? “One of the things the industry needs to look at more closely is the causes of accidents involving 18-wheelers,” said Mike Smith, Trial Lawyer, Little Rock, Arkansas. “The causes would tell them where to concentrate their efforts to make a difference.”
There is more than one reason why a big rig gets into difficulties and winds up in an accident. In many cases it boils down to driver fatigue and falling asleep at the wheel. “Yes, industry regulations state they must keep a log book, however I have seen many cases where two sets of log books are kept – the one for the record and the true account on time on the road,” explained Smith.
Sad but true are the other horror stories in the media about big rig drivers being under the influence of alcohol or drugs. There’s no getting around it, this is a factor in car crashes as well. “This is a distinctly human element that needs to be monitored, however ultimately no one else but the rig driver makes the decision to drive under the influence,” outlined Smith.
Maintenance issues are quite common with rigs this size simply due to the long, hard miles these vehicles put in each year and the weight of the loads they haul. It’s quite common to hear of mechanical failures, improperly strapped down cargo, brakes that suddenly gave out and engine problems as being the cause for tragic crashes.
Driver error and driver inexperience are two other factors that often play a part in a deadly encounter on the road. If faced with the consequences of being in a big rig crash, immediately contact a highly experienced big rig lawyer such as Mike Smith of Little Rock, Arkansas. It’s a phone call that will mean all the difference between no settlement and a just one thanks to the years of litigation experience behind Smith.