December 2005

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Hurricane-Flooded Automobiles

In addition to the terrible human suffering they caused, hurricanes Katrina and Rita flooded hundreds of thousands of vehicles in Texas, Louisiana, and Mississippi. Some of those vehicles may be cleaned and resold to unsuspecting consumers by unscrupulous car dealers.

To find out if a vehicle you are about to buy has been flooded, check the free flood page at the CARFAX Web site.


New Book On Medical Malpractice Myth

The Washington Monthly Web site has a review of a good new book titled THE MEDICAL MALPRACTICE MYTH, detailing the fallacy of the medical malpractice insurance "crisis."

Here is a portion of the review, summarizing the findings of the book:

There's a lot more genuine medical malpractice than you think. A long string of studies has shown that about 1 out of 100 hospitalized patients are victims of negligent malpractice. These studies were supervised by doctors and used a very strict definition of "negligent."

Most victims never sue. Less than 5% of patients who are victims of negligence file a claim.

Patients who bring weak claims usually do so only because hospitals refuse to disclose information about their quality of care unless they are taken to court. Patients who learn that their care was reasonable usually drop their claims.

What's more, contrary to myth, insurance companies very seldom pay off weak claims even if patients continue to pursue them.

Rising malpractice awards are not responsible for skyrocketing insurance premiums. The insurance cycle is.

A lengthy excerpt from this book can be found online here.

Free Legal Advice?

Yes, at Kraft & Associates we are glad to provide our clients and friends with free information on a variety of subjects. If you want details about how to lower your automobile insurance rates, Texas Workers' Compensation law or Social Security Disability claims, please contact us and we will send you any of these brochures without charge or obligation.
 

 


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 FOR THE RECORD


Tips To Avoid Road Rage

Unfortunately, more and more drivers have started acting out their anger when they get behind the wheel. After they've been cut off, tailgated, or slowed down by a vehicle in front of them, these angry drivers can commit acts of violence, including assault and murder.

How can you avoid being the victim of an aggressive driver? While there are no sure techniques, three basic guiding principles can help: Don't Offend, Don't Engage, and Adjust Your Attitude


1. Don't Offend

When surveys ask drivers what angers them most, the results are remarkably consistent. A few specific behaviors seem unusually likely to enrage other drivers. You can protect yourself by avoiding them:

Cutting off
When you merge, make sure you have plenty of room. Use your turn signal to show your intentions before making a move. If you make a mistake and accidentally cut someone off, try to apologize to the other driver with an appropriate gesture. If someone cuts you off, slow down and give them room to merge into your lane.

Driving slowly in the left lane
If you are in the left lane and someone wants to pass, move over and let them by. You may be "in the right" because you are traveling at the speed limit, but you may also be putting yourself in danger by making drivers behind you angry. In Texas the law requires you to travel in the right lane and use the far left lane only for passing. Besides, it's simple courtesy to move over and let other drivers by.

Gestures
Almost nothing makes another driver angrier than an obscene gesture. Keep your hands on the wheel. Avoid making any gestures that might anger another driver, even "harmless" expressions of irritation like shaking your head. Be a cautious and courteous driver. Signal every time you merge or change lanes, and whenever you turn. Use your horn rarely, if ever. If you and another driver see a parking space at the same time, let that person have it. And if another driver seems eager to get in front of you, say "Be my guest." When you respond this way, after a while "be my guest" becomes your automatic response and you won't be as offended by other drivers' rudeness.


2. Don't Engage

One angry driver can't start a fight unless another driver is willing to join in. You can protect yourself against aggressive drivers by refusing to become angry at them. A person who is angry can do things they may later regret, and that includes you. If you're tempted to retaliate against another driver, think about what kind of a crash your angry actions could cause. Then cool down and continue your trip.

Steer clear
Give angry drivers lots of room. A driver you may have offended can "snap" and become truly dangerous. If the other driver tries to pick a fight, put as much distance as possible between your vehicle and the other car, and then get away as quickly as possible. Do not under any circumstances pull off to the side of the road and try to settle things "man to man."

Avoid eye contact
If another driver is acting angry with you, don't make eye contact. Looking or staring at another driver can turn an impersonal encounter between two vehicles into a personal duel. And once things get personal, the situation can get out of hand fast.

Get help
If you believe the other driver is following you or is trying to start a fight, get help. If you have a cellular phone, use it to call the police. Otherwise, drive to a place where there are people around, such as a police station, convenience store, shopping center, or even a hospital. Use your horn to get someone's attention. This will usually discourage an aggressor. Do not get out of your car. Do not go home.


3. Adjust Your Attitude

The most important actions you can take to avoid aggressive driving take place inside your head. By changing your approach to driving, you can make every trip more pleasant. Try these ideas for a pleasant change:

Forget winning
For too many motorists, driving becomes a contest. Are you one of those drivers who allows the shortest possible time for a trip and then races the clock? If something happens to slow you down do you get angry? The solution: Allow more time for your trip. You'll be amazed at how much more relaxed you feel when you have a few extra minutes. So instead of trying to "make good time," try to "make time good." Listen to soothing music or a book on tape. Practice relaxation techniques, such as deep breathing. You'll arrive much calmer, fresher, and in a less stressed-out frame of mind.

This is an abbreviated version of an article on our firm's Web site. To read the entire article, please click here.
 

 FOR YOUR INFORMATION

Latest Developments In Vioxx Litigation

Our law firm is currently accepting claims on behalf of consumers who took the arthritis drug Vioxx, and then suffered a heart attack or stroke. For that reason, we have been keeping a close watch on the Vioxx trials taking place around the country.

A brief recap is that Merck lost the first trial, in Texas. Merck won the second trial, in its home state of New Jersey. The third trial, which was the first federal Vioxx trial, just ended this month in Houston, with a hung jury. In other words, the jury was unable to reach a unanimous decision.

That is actually bad news for Merck, because this was a strong case from Merck's perspective. The plaintiff took Vioxx for only about a month before suffering a fatal heart attack. So if some members of the jury believed Vioxx contributed to the heart attack after such a short period of Vioxx use, this is good news to other plaintiffs who took Vioxx for a short time before suffering a cardiovascular event. The federal case will be retried soon, perhaps in February.

 FEATURED EMPLOYEE

Joseph R. Morrison
Attorney

E-mail: jmorrison@kraftlaw.com

Mr. Morrison graduated from Baylor University in three years with a B.B.A. in Entrepreneurship. He received his law degree from the University of Arkansas-Fayetteville. While in law school, Mr. Morrison served as a Research Assistant to Professor Terry Jean Seligmann - a member of the Board of Directors for the Legal Writing Institute. Before joining Kraft & Associates in 2005 he clerked for personal injury firms in both Texas and Arkansas. Mr. Morrison currently focuses his practice on Social Security Disability Claims.

 

 FEATURED CASE
Our firm has successfully represented thousands of clients with Social Security disability claims. One that made us especially proud involved 23 year old Kacey Long.

Kacey had breast implant surgery in 2001. Almost immediately after the surgery her health began to decline, and eventually reached the point where she could barely walk. Kacey was diagnosed with several impairments, including rheumatoid arthritis, fibromyalgia, and chronic fatigue syndrome.

Kacey had her implants removed in 2003, but is still fighting to regain her health. She is determined to warn other women of the dangers associated with breast implants, and has been on a nationwide campus speaking tour. Kacey’s story has received media attention from many sources, including The Washington Post, USA Today, Good Morning America, and MTV. Visit Kacey’s Web site to learn more about her.

We wish Kacey all the best in her attempt to regain full health, and in her efforts to educate other women about the risks of breast implants. Her Social Security disability case shows that a person of any age can be found to be disabled. Please contact us if you have become disabled and unable to work -- regardless of your age.
 HOW CAN WE HELP YOU?
Our law firm has helped thousands of clients over the years. Sometimes clients who use our firm for one type of case may not realize that there are other legal problems we could help them solve.

We handle most types of injury claims — including automobile collisions, "slip and fall" cases, injuries suffered as a result of defective products, injuries resulting from inadequate security, medical malpractice claims, nursing home negligence claims, prescription drug injuries and many others. We invite you to call us about any serious injury to see how we can help you.

Kraft & Associates also represents people who have been denied their Social Security Disability benefits. We can help at the Initial stage, the Reconsideration stage or the Hearing stage.

Our firm represents people who have been injured on the job and are making a claim for workers' compensation. We help people who have problems regarding family issues, such as divorce, child support, adoption, modifications, enforcements, attorney general disputes, paternity and other similar matters. We also represent clients who have been arrested or charged with committing a crime.

Please feel free to call us with any legal questions you may have. If we cannot represent you, we will attempt to refer you to another attorney or to a government agency that can help you. There is never any charge or obligation for our initial consultation.

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DISCLAIMER: This newsletter is presented by Kraft & Associates for informational purposes only, and not as legal advice.