Throughout life, the human body and brain are in a constant state of injury and repair. Substance abuse and lack of sleep and exercise decrease brain function, while physical and mental exercise, rest, and good nutrition build up and repair brain cells. A traumatic brain injury (TBI), as shown on MRI, when severe can cause…
Tragically, mass shootings are becoming more and more common. The Orlando massacre at Pulse nightclub reminds us that it could happen anywhere, anytime where people gather. You need a plan, If and when faced with an assassin, there will be little time to react or think. The US Department of Homeland Security advises civilians to…
Yes, I’m a lawyer, but in a former life I was a YMCA boating instructor, camp counselor and life guard. In that context safety was front and center. Sadly, I have seen safety take a back to recreation as children become young adults… until tragedy strikes. Memorial Day weekend will be here in a few…
In December 2014 the Oregon Supreme Court found the “liability release” printed on the back side of a lift ticket unenforceable. Bagley v. Mt. Hood Bachelor 356 Or 543 (December, 2014). Keep in mind, prior to Bagley ski resorts were already immune from injury claims caused by the “inherent risk of skiing” that are “reasonably…
This is the fifth post in my blog series: Personal Injury Claim Value: Key Variables. This fourth post addresses injury value key variable #5: Juror Bias. Every human has his or her preferences—some a held at the conscious level, some buried unconsciously. Jurors are affected by current events, personal experience and experiences of family members…
This is the fourth post in my blog series: Personal Injury Claim Value: Key Variables. This fourth post addresses injury value key variable #4: Where you are (the location of the court hearing your case 4. Where you are Where the injury incident occurred or where the defendant resides, are both proper venues for trial. Plaintiff as the filer of…
This is the third post in my blog series: Personal Injury Claim Value: Key Variables. This third post addresses injury value key variable #3: Defendant’s Fault Decision makers are motivated to right wrongs brought about by very bad conduct. Injuries caused by a simple mistake (negligence), not so much. Jurors in a minor car accident injury…
This is the second post in my weekly blog series: Personal Injury Claim Value: Key Variables. This second post addresses injury value key variable #2: The Injury. a. Understandable Injury Decision makers, especially jurors, find difficulty compensating for invisible and hard to understand injuries. A broken bone may yield greater recovery than more serious soft…
This is the first post in my weekly blog series: Personal Injury Claim Value: Key Variables. During the past 25 years I have quantified claims big and small – as a large loss claims analyst (1996-2000), an insurance defense attorney (1990-1996) and since 2000 as a plaintiff personal injury attorney. I dedicate the series to…
FIRE and bellowing plumes of SMOKE make this summer particularly dangerous for motorists in Oregon and Washington State. Recognizing this danger, the Oregon Department of Transportation (ODOT) has recently closed several stretches of highway including: Highway 26 ( at and around Warms Springs) ; and 1-84 ( Pendleton to Ontario) Highway 26 and I-84 are…