Honolulu Personal Injury Lawyer - Workplace Injuries

Construction Worker Jobs Are the Most Dangerous In Terms of Injury and Death

Wayne Parsons — Sat, 15 Aug 2009 15:17:12 GMT

What is the most dangerous job? The construction industry ranks first as the most hazardous occupation in the United States. I have written about construction site personal injury before in the context of scaffolding collapse.

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site

U.S. Department of Labor statistics show that 6 million construction workers report to work at over 250,000 construction sites in the U.S. Working on scaffolding at great heights poses a risk not only to the worker on the scaffold but also to those on the ground below from falling tools or materials and from collapse of the scaffolding. Working in deep trenches and working with high voltage electrical systems and equipment also poses high risk of personal injury to construction workers.

Over 1,000 construction workers are predicted to die in 2009 from construction site injury. Many more will suffer serious injury and will be forced to leave the ranks of construction work with permanent disability.

Twelve hundred (1,200) construction workers died on the job in 2007. Truckers were second in personal injury and death with over 500.

The Occupational Safety and Health Administration (OSHA) list the Top 10 factors in construction worker injury and death as:

OSHA's 10 Most Frequently Cited Standards of 2005
1. Scaffolding (1926.451 ) 8,891
2. Hazard Communication (1910.1200 ) 7,267
3. Fall Protection (1926.501) 6,122
4. Respiratory Protection (1910.134) 4,278
5. Lockout/Tagout (1910.147) 4,051
6. Powered Industrial Trucks (1910.178) 3,115
7. Electrical Wiring (1910.305) 3,077
8. Machine Guarding (1910.212) 2,956
9. Electrical Gen. Requirements (1910.303 ) 2,348
10. Ladders (1926.1053) 2,276

For every 100,000 construction workers 23 will die in a work-related accident.

Crane collapses on construction sites in New York City and Miami drew worldwide attention recently.

The Miami tragedy took two lives of construction workers and left five others with injuries when a 20-foot-long section of a crane plummeted 30 stories at a high-rise condominium project. It came just 10 days after a New York crane accident killed seven people.

In Hawaii the Workers Compensation system limits the damages recoverable to a percentage of the injured worker's salary, and to payment of medical bills. The Workers Compensation Law does not allow for the recovery of Pain and Suffering Damages or for the loss of future earning capacity. In order to recover these critical damages, the injured worker must show that a subcontractor was negligent in causing the injury or death or that the employer was grossly or intentionally at fault, a very hard thing to prove. The construction worker must prove that the employer deliberately intended to injure the employee; or that the employer engaged in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger was virtually certain to result in injury or death to the employee. In addition the employee must prove that he or she was not aware of the risk and that the danger was not apparent and the employer deliberately concealed or misrepresented the danger.

Originally posted at InjuryBoard by Wayne Parsons

Austin, Texas Scaffold Collapse Results In Three Deaths At 21 Rio Condo Project Construction Site

Wayne Parsons — Thu, 11 Jun 2009 03:21:36 GMT

Probably the worst fear at a construction site is the collapse of a scaffolding. Today I came across such a story out of Austin, Texas where a scaffolding collapsed at a project called 21 Rio Condo Project. Brooks Schuelke a well known attorney and safety advocate in Austin with the firm of Perlmutter & Schuelke reported on this incident that is getting national coverage, even all the way out here in Hawaii. The KXAN News report on the incident explains that three workers fell from 11 stories when a part of the scaffolding they were standing on came loose.

Scaffolding suppliers often provide safety checklists for contractors to promote safe use of the scaffold systems. In Hawaii ATLAS provides a Scaffolding Safety Checklist. In addition, as Brooks Schuelke points out, OSHA has targeted scaffolding as a major safety issue at construction sites as reported at Scaffold Safety Hawaii:

Scaffold Safety Hawaii

If you take your scaffold setup for granted, better think again. OSHA has put unsafe scaffolding on its "Most Wanted" list of safety violations in an effort to reduce the deaths caused by bad setups. Fall protection, access, platform construction, guardrails, and proper bracing and support are all cited as key focus areas.

In a report in the Honolulu Advertiser construction worker falls are a major problem:

Hawai'i's construction industry workers have suffered more than 1,000 falls from January 2002 to December 2004, an injury record that is prompting a public-private campaign emphasizing employee safety.

Labor Department officials, contractors and construction unions today will unveil a state-wide effort to urge employees to follow safety procedures and regulations when working at heights above 6 feet.

Violations of fall-protection regulations make up the No. 1 cause of citations issued by state safety officials.

Since January 2004, the Hawai'i Occupational Safety and Health division has issued 218 fall-related citations to employers — along with fines that ranged from $1,500 to $70,000.

Frustrated construction employers who receive HIOSH citations often point to the safety equipment and training manuals they provide to employees, Hardway said.

The three deaths in Austin, Texas reported by Brooks Schuelke are a reminder of the importance of careful assembly of scaffolding and of construction worker training and education.

For those in Texas who have question about the 21 Rio Condo Project, Perlmutter & Schuelke LLPare located at 1717 W. 6th Street, Ste. 375 Austin, Texas 78703 and their contact info is: (512)476-4944; http://www.civtrial.com and e-mail: mlp@civtrial.com.

Originally posted at InjuryBoard by Wayne Parsons

Texas Voters Tell Their Lawmakers to Vote For Real Insurance Reform - TDI Sunset Bill, SB 1007

Wayne Parsons — Thu, 21 May 2009 14:37:01 GMT

Today, Texas Watch is sending urging voters to ask their lawmakers to support pro-consumer amendments to the TDI Sunset bill, SB 1007. That Bill requires payment of reasonable medical expenses incurred, policyholders to be made whole, prior approval of rates and standardized policy forms.

In the alert to voters Texas Watch states:

Help us keep the pressure on by contributing today! Lawmakers in the House are set to debate these key insurance issues in the waning days of the session. We need your support now! It is extremely important that lawmakers hear from some of the 70% of Texans who want real insurance reforms. Texans deserve quality insurance protection at a price they can afford and now is the time for lawmakers to stand up for their constituents.

This is a new strategy for Texas Watch. This is the first opportunity in years that homeowners have had for real reform, and it is our duty to ring the bell to make sure homeowners know about this key vote. Lawmakers need to get ahead of the problem to ensure that policyholders are protected from steep rate hikes, dramatic coverage reductions, and unfair claims handling practices. These calls are going out to key districts that are geographically diverse and are split evenly between Republicans and Democrats. Listen to it here. The message script follows: Politicians in Washington have given insurance companies another multi-billion dollar bailout. Now, lobbyists in Austin have turned insurance legislation being debated this week into another AIG-style bailout. Call your State Representative, John Doe, at 512-463-XXXX and tell him to stand with the 70% of Texans who want real reforms that require insurance companies to justify their rates, pay reasonable medical expenses, and offer standardized policies. No more bailouts.

Call today. 512-463-XXXX. Legislative ad paid for by TexasWatch.org. As you know, earlier this session, Texas Watch released a poll which showed consistent and strong support across all partisan and geographic lines for comprehensive insurance reforms.

Respondents also said that they are 71% more likely to vote for a legislator who supported real reforms. This result was consistent across partisan lines with 71% of Republicans, 68% of Independents, and 77% of Democrats more likely to support a lawmaker who stands with homeowners.

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Boat Injuries To Crew: The Jones Act

Wayne Parsons — Sat, 25 Apr 2009 16:17:53 GMT

When an employee on a ship is injured, the law that covers the injury is in the category of laws called admiralty or maritime law. A specific law passed by Congress that can be used for an injury claim is The Jones Act, 46 U.S.C.App. § 688 (1958) which allows a crew member to allege that he or she sustained injuries due to the boat owner’s negligence. Under the Jones Act

[a]ny seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, ... and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply.

It is interesting to look also at The Federal Employers' Liability Act (FELA), 45 U.S.C. § 51. The Jones Act and FELA have similar requirements. FELA applies to workers in Fede4ral jobs on land. The Jones Act applies to crew members on all ships and boats.

In passing the Jones Act, Congress extended the same special statutory protection to seamen as it had extended to railway workers because of a high rate of injury to workers in these fields. Cases that describe this history can be found easily on the Internet. Here are some leading cases: Lewy v. Southern Pacific Transportation Company, 799 F.2d 1281, 1288 (9th Cir.1986); Buell v. Atchison Topeka and Santa Fe Railway Company, 771 F.2d 1320, 1321-1322 (9th Cir.1985); Toscano v. Burlington Northern, 678 F.Supp. 1477 (D.Mont.1987).

Under FELA, and The Jones Act, an employer has a statutory duty to provide a safe place to work, including an emotionally safe place to work.

What Does A Seaman Need to Prove In A Jones Act Case?

A difference between an injury on land under standard legal tort doctrines and claims brought under FELA or the Jones Act is that the legal causation burden under FELA and the Jones Act is minimal. If the employer's negligent act or omission played any part, however slight, in bringing about the injury, the employer is liable. The most famous cases that describes this standard are Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 506, 77 S.Ct. 443, 448, 1 L.Ed.2d 493 (1957); Taylor, 787 F.2d at 1313. The “slight negligence” necessary to support an action under FELA is defined as a failure to exercise great care and that burden of proof is much less than the burden required to sustain recovery in ordinary negligence actions. You can read more detail by looking at the case: Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir.1969).

In Rogers the Court held that:

[u]nder this statute [FELA] the test of a jury case is simply whether the proofs justify with reason the conclusion that employer negligence played any part, even the slightest, in producing the injury or death for which damages are sought. It does not matter that, from the evidence, the jury may also with reason, on grounds of probability, attribute the result to other causes, including the employee's contributory negligence. 352 U.S. at 506, 77 S.Ct. at 448.

“Since liability under the Jones Act is the same as that established by Congress under the FELA, the Supreme Court has adopted the Rogers statement of causation with respect to Jones Act proceedings.”

What Is General Maritime Law And Is It Different Than The Jones Act Claim?

General maritime law is another way for a crew member on a boat to bring an injury claim. Unlike the Jones Act claim, proximate cause must be proved in a General Maritime case, so the standard is higher for the injured person, than it is in Jones Act cases. The case of Litherland v. Petrolane Offshore Const. Services, 546 F.2d 129, 132 (5th Cir.1977) sets that standard:

“Under the Rogers standard, plaintiff need not show that the conditions aboard ..., or the stresses and strains placed upon [plaintiff] were the sole cause or main cause or even a significant cause of his injuries; they need only have been a contributing cause.” Curry, 327 F.Supp. at 164.

FELA “encompasses all reasonably foreseeable injuries which result from a railroad's failure to exercise due care with respect to its employees.” Buell, 771 F.2d at 1322. However, the foreseeability requirement has been minimized. It is “not necessary that respondent be in a position to foresee the exact chain of circumstances which actually led to the accident.” Ferguson, 352 U.S. at 523, 77 S.Ct. at 458. It is only necessary that the injuries be true and significant. Hagerty v. L & L Marine Services, Inc., 788 F.2d 315 (5th Cir.1986)rehearing en banc denied797 F.2d 256 (1986).

This same standard applies to the Jones Act.

Other Laws that may apply are The Death On The High Seas Act and The Longshoeman's And Harbor Workers Act. These complex laws have evolved over a period of 200 years.

Death on the High Seas (DOHSA)

“Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas beyond a marine league from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, the personal representative of the decedent, may maintain a suit for damages in the district courts of the United States, in admiralty, for the exclusive benefit of the decedent’s wife, husband, parent, child or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued.”

Understanding which law applies to a particular injury is not a simple matter and requires careful consideration of the facts.

Originally posted at InjuryBoard by Wayne Parsons

AIG In Another Scandal Over Denying Health Care Claims For American Workers Injured In Afghanistan and Iraq

Wayne Parsons — Sat, 25 Apr 2009 15:09:33 GMT

Rep. Elijah E. Cummings (D-Md.) has recently said there were “serious deficiencies in the health coverage of civilian employees who have been injured while working overseas.” His outrage about insurance companies denying and delaying payments for needed medical care for overseas American civilian workers, is well known to personal injury attorneys in Hawaii and across the country. Despite slick television advertising by insurance companies portraying themselves as caring friends to injured policy holders, the legal profession sees the daily denials of claims and the withholding of payments to doctors. The motto of the casualty insurance industry has long been:

We accept your premiums and deny your claims!

Now the true profile of deceit of the insurance industry is being exposed through a Congressional investigation and some excellent journalism by T. Christian Miller in stories published by the Los Angeles Times and ABC News as well as ProPublica - Journalism in the Public Interest. I also commend you to read the article by Chrissie Cole at The Injury Board: "Congressman Calls For Inquiry Into AIG’s Handling of Contractor Claims".

http://www.youtube.com/watch?v=kshlHjqmonY

As you read this story, know that it is not just about overseas workers. AIG and the other casualty insurance companies do this on a daily basis to Americans here at home. In Honolulu the AIG office is considered one of the most outrageous when it comes to denying valid claims and delaying payments to doctors for necessary treatment. And unfortunately, the Insurance Commissioner, under a Republican Governor, has been little more than a spokesman for AIG and other insurers and has refused to give Hawaii policyholders any protection from this unregulated and abusive group of highly profitable corporations. The allegiance of powerful democrats like Calvin Say in the Senate, to the insurance industry, Hawaii citizens have no protection from the systematic denial of payments of claims, and the gross underpayment of doctors and hospitals who are trying to get injured people well so they can go back to work. The recent punitive damage award in a court case on Kauai against HEMIC for insurance abuse in denial and delay, hopefully will spur the legislature and the courts to focus on the abuses in the insurance system.

This article is about Iraq and Afghanistan, not Honolulu so let me get back to the breaking news about AIG. The Pro Publica report states that, "A senior member of the House Committee on Oversight and Government Reform wants his panel to investigate whether insurance giant American International Group Inc. and other providers have unnecessarily denied and delayed costly medical treatment for civilian contractors injured in Iraq and Afghanistan."

Rep. Elijah E. Cummings (D-Md.) has asked for the Department of Labor to be investigated for its oversight of the federally financed insurance system for civilians working overseas. Cummings made his case for the inquiries in a letter Tuesday to Rep. Dennis J. Kucinich (D-Ohio), chairman of the Subcommittee on Domestic Policy.

Insurance companies routinely challenge serious injury claims of civilian workers returning from the war zones. These patriotic Americans are routinely denied treatment for basic medical needs such as artificial limbs, surgery and psychological counseling.

"The men and women who sacrifice their lives to protect our nation on the battlefield should be able to return to their families without having to wage another battle here at home to receive the healthcare they are more than entitled to receive," Cummings said. "I was absolutely disgusted to read about the atrocities that individuals are being forced to endure as they attempt to get treatment for the injuries they received while serving our country."

What does AIG have to say? Hawaii attorneys who deal with AIG on a weekly basis hear this all of the time. If you believe the AIG response I have a bridge to sell you the runs between Maui and the Big Island:

In a statement Tuesday, AIG said it paid the "vast majority" of claims without dispute. Labor Department officials said they had done their best to police the system with limited resources.

The Defense Base Act, is the law and it makes federal contractors purchase workers' compensation insurance for civilian employees working overseas.

Once an obscure corner of the federal bureaucracy, claims have soared from a few hundred a year to more than 11,000 in 2007. The increase is a direct result of the privatization of the wars in Iraq and Afghanistan, where civilian contractors outnumber troops in the battle zones. More than 1,400 contractors have died in Iraq and 31,000 have reported injuries.

AIG has 90% of all claims filed by injured civilians or by the families of dead contractors. Congressional investigators have previously questioned the high cost of the company's premiums, which are paid by taxpayers as part of the price of a federal contract. Let's think about this. AIG is the biggest piece of the recent financial bailout of Wall Street. They definitely know how to gouge taxpayers. Finally a Congressman is turning the lights on about this company and about the government agencies that are supposed to regulate the industry.

Well that is another scandal in itself. Only major league baseball and the insurance industry are exempt from anti-trust laws! So the insurance industry isn't regulated! These companies are hands off to most politicians as evidenced by the fact that in Hawaii even the democrats - traditionally on the side of labor and consumers, are cozy with the insurance industry at the expense of the voters.

How much money is involved in the overseas worker scandal?

Last year, the government reform committee determined that AIG had collected $1.3 billion in premiums on the insurance between 2002 and 2007, while it had paid out about $800 million -- leaving the company with a nearly 40% profit. The Pentagon has recently begun an inquiry into whether such premiums can be lowered.

The recent reports indicate that "[a]nalysis of Labor Department data found that insurers had denied about 44% of all serious injury claims -- those involving more than four days of lost work. The companies also turned down about 60% of contractors who claimed to suffer psychological damage such as post-traumatic stress disorder. The Times sued the government for access to Labor Department records."

"There are clearly serious deficiencies in the health coverage of civilian employees who have been injured while working overseas to keep us safe here at home -- costing not only the men and women who are being refused coverage for the treatment they need, but also for the American taxpayers who are footing the bill for their coverage," Cummings said.

For real reporting on this and other stories of financial misconduct I highly recommend ProPublica and T. Christian Miller (t.christian.miller@propublica.org). Miller, is a former New York Times staff writer, and is currently a senior reporter for ProPublica, the nonprofit journalism organization based in New York.

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Headline: "Insurer punished for failing to pay claim"

Wayne Parsons — Fri, 16 Jan 2009 02:03:06 GMT

Tom Finnegan reports in the Honolulu Star Bulletin that Kauai Judge Randal Valenciano has ordered Hawaii Employers' Mutual Insurance Company (HEMIC), an insurance company that advertises heavily in the Hawaiian Islands, to pay $325,000 to an 80-year-old woman who was forced to rely on handouts from neighbors when the company refused to honor her claim. Sound familiar? Read on.

Judge Valenciano saw the conduct to be so bad that he ordered HEMIC to pay $250,000 in "exemplary" damages which means he wanted other insurance companies to know that Hawaii consumers will not tolerate this type of behavior by a huge insurance company. Setting an example is harsh but how many of you have wanted someone to be "harsh" with an insurance company?

Will HEMIC and other Hawaii insurance companies pay heed to Judge Valenciano? Probably not. HEMIC has a record of huge profits. In 2006 their surplus doubled to a record $103 million from the year 2005 surplus of $51.4 million. Go figure. Esmeralda was watching them wrongfully deny her daughters wrongful death claim in those years. Are they the good company or full of shibai? You tell me. Or better yet tell Governor Lingle and her insurance commissioner Schmidt who seems to always support the insurance executives.

Attorney Daniel Chur, representing Esmeralda Ordonez, an 80-year-old Venezuelan woman, proved in court that Hawaii Employers' Mutual Insurance Co. failed to promptly pay a worker's compensation claim Ordonez made after her daughter died.

Ordonez' daughter, Mayra Rodriguez, 49, a tour guide with Gay & Robinson Tours, was killed in January 2005 while clearing all-terrain vehicle trails.

Under state law, Ordonez was entitled to at least $48,000 in death benefits from HEMIC. She filed the proper paperwork, despite not speaking English well and living in Venezuela. HEMIC, even after prodding from the employer tour company and its insurance agent, never followed up, Chur said.

"They decided to lay low and hope the claim would go away," Dan Chur added.

To delay the claim, rather than paying the amount owed, HEMIC demanded a hearing before the state Department of Labor, arguing the death was not covered under state law. Then the family had to endure trial in Judge Valenciano's courtroom in Lihue in September.

Luckily 80 year old Esmeralda Ordonez, living in Venezuela, found Robinson & Chur, a long standing Honolulu law firm representing injured workers who have taken on HEMIC throughout the ordeal on the hope that they may be paid if Esmeralda wins and collects money. Hawaii prersonal injury attorneys help people like Esmeralda every day. They watch the slick and expensive television advertisements of HEMIC and listen to Governor Lingle and the Insurance Commissioner Schmidt put out propaganda about fake worker's claims and shake their heads. The inurance industry can control the politicians.

I hope all of you note and remember Judge Valenciano because the politicians and the insurance industry are going to go after him. Write to the Hawaii Judicial Selection Commission (JSC) and tell them that you support Judge Valenciano.

HEMIC Chief Executive Officer Robert Dove said the company is "very disappointed in the decision" and will "decide on our course of action" when the final written judgment is received. I will translate that for you: "We will continue to delay this as long as we can and will appeal or whatever else causes more delay". You know that if they can delay paying long enough Esmeralda will die.

Originally posted at InjuryBoard by Wayne Parsons

Sam's Club Employees in Hawaii - Same As Wal-Mart Wage & Hour Violations?

Wayne Parsons — Sun, 23 Apr 2006 16:24:42 GMT

In addition to the well known claims about Wal-Mart shaving time from their employee's checks, the same management problems occured at Sam's Club stores across the country.

The allegations describe the process as a series of tricks used by Wal-Mart and Sam's Club store managers to shave a few minutes here and a few minutes there from employee time cards. Often the amounts would not be noticed by the employee.

My office is representing Hawaii employees of Wal-Mart and talking to Sam's Club employees about possibly adding the Sam's Club claims to the current lawsuit. We are very interested in talking to former Sam's Club employees. Consumer action is an important part of preserbving justice for workers in Hawaii.

These class action lawsuits are now being handled as Multi-District federal lawsuits with our hawaii case put together under the federal court in Las Vegas. The cases are just beginning and not much has happened yet although other similar litigation has gone to trial in California.

Originally posted at InjuryBoard by Wayne Parsons

Who Pays My Medical Bills?

Wayne Parsons — Sun, 23 Apr 2006 16:10:35 GMT

The scene repeats every day and every night. A reckless driver collides with your car and you have medical bills and maybe you can't work for a while. Who pays?

First, the other driver must pay if you prove that they were at fault but that may take a long time and require a lawsuit to be filed. But your own auto insurance will also pay your medical bills and wage loss immediately without getting involved in who caused the accident. The coverage is called Personal Injury Protection (PIP) and will help you in the days and months immediately following an auto collision that causes injury.

Will it increase your insurance rates to make a claim? No. It should have no impact on your premiums unless you were at fault in causing the collision.

Get legal advice on your rights and find someone who can guide you through this process. We handle these auto cases on a contingency fee which means that we get paid a percentage of the amount paid by the other driver at the end of the case. But we will help you get your own insurance company to pay fairly for your medical care after the accident.

You must also remeber that at the end of the case when the other driver pays for you injuries, you have to repay your own insurance company for the money they paid for yuour medical bills and wage loss. That is called a "lien". And if you received federal or state financial assistance for your medical bills, you also must repay their lien just like you do with the insurance company.

Originally posted at InjuryBoard by Wayne Parsons

Medical Negligence - Protect Your family By Asking Questions

Wayne Parsons — Sun, 23 Apr 2006 15:54:16 GMT

How can you find out if a doctor has made serious errors in the past? This question should be primary in the mind of anyone comtemplating a serious surgery. Most doctors have clean records and provide excellent care, but a few doctors are repeatedly having problems. How do you find out?

First of all you can ask the doctor. There is nothing wrong with asking the doctor questions. If the doctor becomes defensive perhaps it is a good reason to choose another doctor. If you are being referred to a specialist by your family doctor, ask your family doctor if there is any formal connection between the two.

Secondly, you can check with the national Practitioner's Data Bank at http://www.npdb-hipdb.com and type in the doctor's name. This website will give you lots of information about doctors with bad records of malpractice.

Third, ask the doctor how many times she or he has performed the type of procedure that you are going to have done. You don't want to be a practice case.

Fourth, ask if the doctor is Board Certified in the specialty. That means the doctor has undergone a rigorous testing program to be certified by national standards in a certain specific area. Medical school is very general and so being Board Certified is an important qualification. Don't settle for Board Eligible. That is a meaningless statement, but an excuse that doctors sometimes use when asked the question.

One good indication is whether the doctor is humble enough to talk to you at all. If she or he won't talk to you and answer questions before the surgery, you can bet that they won't answer questions afterwards. Find someone who will treat you with the respect you deserve.

Originally posted at InjuryBoard by Wayne Parsons

Hawaii Trials - Why So Few?

Wayne Parsons — Sun, 23 Apr 2006 15:40:17 GMT

Last year there were 16 total civil jury trials in state circuit courts in Hawaii, 4 personal injury motor vehicle and 8 personal injury non motor vehicle. Only 12 Personal Injury cases went to trial by jury in the entire state in 2005. So why are the insurance companies and doctors complaining about medical malpractice cases and asking for restrictions on med mal victims rights? For 20 years I have been trying cases in hawaii courts and watching the public be misled by insurance companies and big corporations when it comes to how many lawsuits are being filed and whether our courtrooms were clogged with cases.

These numbers raise some questions for hawaii citizens. The courthouse doors aren't nailed shut but are they getting too hard to open for Hawaii citizens? Or is it something else? The information comes from the Hawaii Judiciary Annual Report for FY 2004-2005.

Other numbers are also interesting:

Total filings in hawaii Circuit Courts in Fiscal Year 2004-2005 were 11,530
Civil Filings were 3,661 or 32%
Case Terminations were 11,652
Pending cases at end of Fiscal Year 2004-2005: 32,505

The 2004-20056 data and reports from previous years may be viewed on |the Judiciary Web site at www.courts.state.hi.us and also at the Supreme Court Law Library on O`ahu and Circuit Court law libraries on the islands of Hawai`i, Maui and Kaua`i.

One thing is certain. Hawaii is not a state where anyone could say their is lawsuit abuse. and doctors whose insurance rates are high can see that perhaps their insurance company is charging them unfairly high rates. that is a much more reasonable conclusion than blaming their patients for seeking justice when a doctor is negligent. The corporate CEO's and the HMO's are to blame for cutting back on treatment and short-changing the doctors on their billings. They put people over profits. Don't let them close the courtroom doors on your rights.

www.peopleoverprofits.com

Originally posted at InjuryBoard by Wayne Parsons