December 15, 2009

Three tell signs you are being manuipulated!

We are a culture of compromise. We give in to some things and take in others, trying to remain agreeable and fair. As an example, my daughter wanted to wear shorts today to school, (50 degrees outside). My instincts told me that this was going to be trouble from the beginning. If I ask her to change, I am dictating what she can wear and controlling her decisions. If I say nothing, I will catch the wrath of her mother, and if I try to negotiate, I will expend a huge amount of time.

Although this is a simple example, we all have to negotiate, accept, give and take. The more important that a point of contention is to us, the harder we must apply ourselves. Unfortunately, there are some people that do not easily give, and always take. Have you ever been manipulated and you did not realize it was happening? Here are several tactics that people use to manipulate you into agreeing with their proposal. What does this have to do with law? Stay tuned.

Trigger one: The hard noser

A hard nosed tactic is to give little or nothing without a fight. In short, this person or attribute (sometimes interchangeable) will show no weakness. It is their way or the highway. This tactic works well for lawyers in some cases. The opposition simply does not want to put in the effort, or pay the cost, to negotiate a fair compromise and gives up on seemingly unimportant details, only to find they were short changed later. My daughter uses this tactic.

How do you deal with this attorney, person or child? Patience is the absolute key. I must be committed to the process or I will not get the person to budge. This person really hates to wait, wants to skip over details and does not want to listen to your thoughts because they feel they are losing control of the process. That is exactly what you want them to feel. Eventually, a fair and thorough compromise will be reached but you must be willing to patiently work through the process. Do not agree to anything until you both agree to everything. Do not let them parse out little agreements without discussing all points on the table. It really works.

Trigger two: Flattery is king.

People who want to persuade you to agree to their way of thinking often are identified by efforts to build your image or compliment your ego. We all recognize the movie clip where the wife wants to convince the husband of his prowess when in truth she wants to buy something. Lawyers try this tactic as well. Flattery can be genuine, but if you see that it is gushing out over little things, and it seems out of place, rest assured it is. My daughter will try flattery from time to time. Gee dad I really like to shop with you, you are so much fun! I am an in and out guy and spend no time shopping. Her flattery is disingenuous and eventually her desire surfaces. The effort is designed to make you feel good, because when you feel good, you are more likely to want to keep that feeling, by continuing the road to conflict avoidance.

So how do you deal with flattery? Simply accept it, keep it, enjoy it, and to keep that good feeling going. When the request comes your way stay in the moment, while saying what you want. Oh darling daughter, I don’t think we can buy that today for you, but maybe next time. Your positive attitude will throw them off. If they really want to take it up a notch, they will be the ones that move to a different strategy. A lawyer who tries to get something with flattery quickly realizes that they are in a pickle. They just complimented the other attorney and now they must either admit they were exaggerating, or keep up the good feeling despite being denied their unjustified request.

Trigger three: Please don’t guilt me.

Guilt is a powerful motivator. To avoid feeling guilt, we sometimes will give much more than normal or fair. To get their way, a person will manipulate the facts in such a way as to create guilt in you. My daughter might say “You never let me make my own decisions.” Suddenly I feel that may be right, and I allow her to wear the shorts today.

To combat guilt, you must remember that there is a time to assess the cause and basis for your guilt, but it is not during the discussion at hand. Simply address directly that you understand their point leading to your guilty feeling and agree to look at that subject or issue later, but for now let’s get back to the discussion of the issues at hand.

An example: The husband is out late again. Wife says I want you to call or come home. I am uncomfortable when you are out late and I do not know where you are. Husband retorts about the time his wife falsely accused him of infidelity, and that she just needs to trust him! (No I am not using Tiger Woods as an example.) The wife gives in, but she could instead have acknowledged that she made a mistake previously, note that subject and those feeling should be discussed fully, but after the issue at hand. “You should respect me, and call if your are late, but I really want you to be home with me.

So what happened this morning? Well I committed the time necessary to open the discussion. My daughter tried to convince me that I was not letting her make her own decisions. I noted that she could wear what ever she wanted that was appropriate for the weather. Unfazed, she went right to guilt. You really don’t want me to make my own decisions because you think I am too stupid. She missed the mark with that one, since she is quite smart. Since guilt showed no value, she tried flattery. She argued that it would be warm again today and she wanted to play soccer in the afternoon and would be too warm with long pants on. She just wanted to be better at soccer, a sport I had been encouraging her to practice at since she is showing promise.

It worked! She hit a flattering moment! She wanted to do what I suggested. So we discussed a compromise, she could wear shorts under sweats and take the sweats off when ever she wanted to. Problem solved, she skipped up the stairs. I dodged a bullet, and when my wife came downstairs. She did not even know what happened.

Try these strategies in your personal and professional life. They work.

James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie in Newport Beach, Ca.

December 14, 2009

New rain brings over 500 accidents in Los Angeles and Orange County. .

A recent rain brought over 500 accidents to Southern California according to a Huntington Beach accident attorney blog. We rarely contend with wet roads and our freeways are built to still drive relatively fast when things are wet. However, Southern California has one unique feature other large cities do not. Because we have little rain, our highways and streets accumulate oil and grit that causes our roads to be more slippery.

When you are on the road this holiday season, make sure you give yourself extra room, drive slower and always keep an eye out for the other guy. Frequently, accidents can be prevented by a little more patience and caution on your part. Be safe and have a happy holiday season.

James Ballidis is an auto accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California.

December 14, 2009

Truck accidents kill more than 5300 people every year and a substantial number are due to driver fatigue.

Every year a substantial number of truck accidents are caused by truck driver fatigue. According to a recent post by a California Truck accident attorney, 5300 deaths were caused by truck accidents and the number is not declining each year. One reason according to the article is the ability of a truck driver to work more than twice as long as a normal worker during the month. With little rest, the accident can be devastating. This Los Angeles truck accident lawyer documented that 830 deaths occurred in California and a whopping 12% were related to truck driver fatigue. That amounts to over 90 deaths due to this one factor.

Here are some safety guidelines to avoid truck accidents.

Do not driver next to trucks. Move ahead or behind them so that you can get out of their way.

Do not change lanes in front of a truck unless you have made sure that there is substantial distance between you and the truck, much more than you would take if a car were directly behind you. This will give the truck driver more time to react.

Keep a vigilance out for any erratic driving from a truck driver and report it immediately to 911.

Do not let a truck driver ruin your holiday by causing you or your family great harm. Stay safe. James Ballidis is a Orange County truck accident attorney located in Newport Beach, CA. For more information on Truck accidents and prevention, go to this California truck accident lawyer site.
.

December 8, 2009

Southern California Appeals Court uphold that injured victim's are entitled to all their medical bills as damages not just the ones paid by their insurance.

In terms of legislative and judicial decisions, the last few decades have not been kind to people injured by the intentional or negligent acts ... or inaction ... of others. Insurance companies have been allowed to bargain in bad faith with Plaintiffs injured by their insureds with essentially no repercussions. Employer funded health plans are allowed to deny, delay, or ignore rightful claims while the ill and dying do not even have a right to sue for damages, and people continue to drive in California with only the minimum liability limit of fifteen-thousand dollars. A meaningful visit to the Emergency Room will exhaust that amount in a day or two. Under pressure from well funded insurance company lobbyists, a seemingly endless slew of laws and verdicts have gone against people seeking some measure of redress for the harm inflicted on them.

It was with great pleasure to read that in the last few weeks a rather significant (but probably largely ignored) decision was handed down by the California Court of Appeal. The Fourth Appellate District in Howell v. Hamilton Meats invalidated a particularly insidious line of legal reasoning that has been damaging the field of Plaintiff's personal injury law for quite some time. Injured parties are allowed to pursue their medical bills at trial. However, what if the injured party had insurance. paid by their premiums? Do the juries get to hear about it?

Well, in California we have a doctrine called the "collateral source rule." It means that if a Plaintiff has insurance that covered his medical bills after an accident, a Defendant is prohibited from introducing evidence of the existence of insurance. If a Plaintiff has insurance, he typically has no outstanding medical bills by the time of the trial as the health insurance company has typically paid them. Yet, Defendants aren't allowed to place this information before the jury due to the collateral source rule. If one thinks about it for a moment, the reasoning becomes clear. Why should the Plaintiff, who paid for the insurance (often through premiums for many years), not be allowed to recoup his medical bills simply because he had the foresight to purchase insurance? It would be unfair to allow a jury to assume that the Plaintiff was not economically damaged by the accident simply because he had insurance.

A problem arises in the modern practice of medicine in that insurance companies do not pay the full amount of the medical bills. Typically they negotiate rates with the medical providers. On a $1,000.00 bill, the insurance company may only pay $200.00. Well, which amount does the Plaintiff get to introduce to the jury? The amount of $1,000.00, or $200.00? Until the decision in Howell v. Hamilton Meats, the general practice was that the Plaintiff could provide evidence of the $1,000.00 bill to the jury, BUT he was only allowed to receive the amount of $200.00. However, the Plaintiff does not get a refund of the premiums paid to the insurance company. The justification for this rather strange state of affairs was rationalized in two cases, colloquially referred to in California as the Hanif and Nishihama decisions. I will not mince words: the two decisions were neither well reasoned nor did they reflect a modern understanding of the ongoing hybridization of the medical and insurance fields.

The fact that a Plaintiff could incur medical bills of $1,000.00, yet not be able to receive special damages of $1,000.00, was patently unfair. The entire purpose of the Collateral Source Rule was to prevent Defendants from benefiting from a person's purchase of insurance. When a medical bill is "reduced" to $200.00 by an insurance company, it is a benefit deriving directly from the purchase of insurance. The reduction was made possible by the fact that a large pool of insureds contributed premiums over many years to an insurance company capable of negotiating on their behalf. Why should a Defendant, who negligently or wrongfully injured someone, get the benefit of a bargaining power paid for by Plaintiff and other similarly situated insureds? Thankfully, in a post-Howell world, individuals who purchase insurance will not see their legal rights reduced by their choice.

The ruling does not change medi-cal rules of reimbursement but if you personally or through your company purchased insurance, you are entitled to the reasonable value of those services as compensation. There is a split in authority in the state right now on this subject so make sure to check with your attorney if you think this is applicable to you.

Michael Bock is a litigation attorney with the firm of Allen, Flatt, Ballidis & Leslie in Southern California.

December 8, 2009

500 died in California motorcycle accidents in 2008 from tramatic brain injury and other ailments.

The same qualities that make California so attractive for tourists and residents--warm weather, sunshine and unique scenery—also make it a popular state for motorcyclists. California is home to more than 1.2 million motorcycle riders, but every year, thousands are involved in collisions.

Because of the increase of motorcycle-car collisions in California, the California Highway Patrol, CHP is creating two new safety awareness campaigns that will raise awareness of motorists sharing the road with motorcycles. In 2008 there were more than 500 motorcyclists that died from collisions with other vehicles; even with helmets on, the risk of traumatic brain injury, TBI is high.

California has the highest rate of TBI’s in the entire nation. 75% of TBI’s come from either motor vehicle crashes or falls and can start as a concussion. Not all head injuries are considered a TBI. A TBI happens only when the brain collides with the bony skull and causes damage to the blood vessels and brain tissue. Furthermore, this damage can interrupt nerve signals going from the brain to the rest of the body, causing a variety of other ailments.
Symptoms of TBI can be subtle and may not even occur until days or weeks after a serious injury. Annual medical costs in the US are over 60 billion a year for hospitalizations and ultimately long-term health care needs. Serious cases of TBI can leave victims needing lifelong rehabilitation medical care.

Just last week a young 27 year old Cal State University – Northridge student was merging on the 101 freeway when the motorcycle she was riding on was struck from behind. In most motorcycle-car accident, 75% of the automobile drivers never see the motorcyclist. She was killed instantly. If injured many motorcyclists do not have adequate health insurance. See this article if you do not have enough medical insurance to cover your injuries.

One of the important factors in creating a safer highway environment is simply being aware of your surroundings. Being a little extra observant can reduce accidents dramatically. The other factor is having motorcyclist reduce their speed on the highway. As in auto crashes, speed kills.

Lastly, the helmet has been saving lives for years now. Now the second generations of helmets are safer than ever and can reduce head injuries by 67%.

The new SuperSkin created by the Belgian company, Lazer Helmets. After years of research they have created a helmet that acts similar to your own bodies’ natural skin to protect your skull. Your scalp actually prevents rotational head injuries in most mild cases and that’s what this new helmet does. It adds an elastic membrane over the hard helmet to decrease rotational forces when a head hits a vehicle or asphalt. It actually cuts the rotational effect by 60% in the critical milliseconds following a blow. This can significantly reduce TBI and other serious head injuries.

The CHP encourages all riders to sign up for their California Motorcyclist Safety Program or CMSP. These courses will teach the basics of safety as well as sharpen the skills of a more experienced rider. For further information, you can contact the CMSP website at www.ca-msp.org/

James Ballidis is the managing partner of a Southern California motorcycle accident specialist firm. See our specialized web site at www.allaccidents.com or visit www.thecaliforniainjurylawyer.com.

December 4, 2009

Daycare nightmares: Who is minding the little ones?

Good daycare here in Southern California has always been a major concern for parents with small children, but after two questionable incidences recently, it leaves parents wondering where the state authorities are and how often a typical facility gets inspected.

Just last month a man went to the emergency room with 4 fingers missing. He said that he had accidentally blew his fingers off with a gun. After further analysis, the doctors concluded that the injuries were not consistent with a gun injury and called in law enforcement. They later found that he made explosives at his home in Lake Elsinore. Also at this home he grew marijuana and his mother ran a daycare center for children. Fortunately no children were injured in the explosion, but it could have been much worse!

Another recent close call was when a licensed daycare “lost” two of the toddlers they were caring for. The two kids had escaped through a broken fence during nap time and were found later walking along an active Metrolink train rail. Neighbors actually found the toddlers and called police. They had no identification on them and only when the officers concluded that they must have walked from the YMCA facility, they took them back there. You can only imagine the outrage of a parent when you go to pick up your child, only to be told, “I’m sorry but we can’t find your child”.

Both of these cases are currently being investigated by the Community Care Licensing Division of the Department of Social Services. Since 1990, over 31,000 children have been treated in hospital emergency rooms for injuries obtained in child care/day care facilities and sadly, 56 have been killed nationwide.

Not all facilities are created equal, so before you leave your child either in a licensed home or larger daycare center; ask lots of questions, perform background checks and make sure that the center is following all of the California state guidelines.
The Consumer Product Safety Commission, www.cpsc.gov/ suggests a safety checklist with the following items to ensure the facility you choose is safe:
• Playground maintenance/ surfacing: Check equipment, surface materials and fences to be sure all items are safe.
• Window blinds and curtain cords: This is a major choking hazard. Make sure there are no looped cords and vertical blinds are held down tight.
• Safety gates: Inside the home to avoid stairs and as well as outside to avoid pool areas and other dangers.
• Cribs: Older cribs may not meet all current safety standards; major choking and suffocation hazard.

James Ballidis is a personal injury attorney practicing in Orange County, California.