Do I Have A Personal Injury Case?
Q: I’m (was)a very well-adjusted, healthy young man who works out 6 days a week and runs 3. I go to school and wait tables, even though my father strongly objects and pressures me to co-op. Enjoys many outdoors sports. Just a very aware and responsible good human being. Spring semester of 2000- Father and Brother-in-law repeatedly attempt to pressure me into working in Brother-in-law’s high volume body shop. Father says I “…need some experience outside of the food industry.” I am put to work sanding parts. No mention of paint masks or protection is made. 11 am – Unknown to me, while I am sanding parts a painter starts painting with a spray gun in the open shop. My back was turned to this person as I was sanding parts, and I suddenly had a feeling of euphoria and the feeling of something coating my mouth and throat like in the Pepto-Bismol commercial. I was ingesting a large quantity of paint. I look up and see I am in a thick haze of paint. I go to the person painting and ask if I can have a paint mask. She instructs me to just go outside and wait untill the paint clears. While waiting outside I decide I will quit at lunch. 12 pm I walk into the office and owner’s wife (my sister) is in the office. I ask where the owner is and explain that I intend to quit. She discourages me from quitting and says to come back after lunch and the owner should be back. 1pm I walk into the office and the first thing the owner says to me is “I hear you want to quit? No one quits here brother!” He then goes on to say that he will move me out back to where the detailing is done. I keep insisting that I wish to quit, and he keeps insisting that I must stay. Eventually, thinking that there will be little to no paint exposure out back, I agree, and work the rest of the first day out back. I continue to work out back, smelling the scent of paint every now and then when the wind blows toward the detailing area. I mention to the owner my concerns about paint fumes, and he says, knowing that I intended on military service, “what if you were in the Marines and they put you to work in the motor pool?” I assured him that, while Uncle Sam does make some mistakes from time to time, I’m sure he would provide his workers with paint masks. He laughs. He says not to worry, the next day is the auction, and I wouldn’t have to be back there anyway. The owner says he has put an add in the paper, and asks me to work back there until he can get some more help. Feeling obligated, I continue to work out back. I begin to notice that many of the people who work in the shop eye’s look like they are bugged out…..high on inhaling paint. I must admit, they strike me as the type of people who enjoy that sensation. Friday- Working out back, I am too busy to notice until lunch that I have that feeling of “euphoria” again, except this time it is a lasting feeling. After lunch, I notice that there are these two large paint booths out back, and their exhausts point directly to the detailing area where I work. At home that night, I notice that my eyes have that “bugged out” look. That weekend I decide I’m going to quit...no matter what. My father feels that I should give the owner a 2 week notice. I have always given a 2-week notice in any other job I have had, but decide that it would be very unwise to do so here. I speak with the owner (my brother-in-law) when we both visit my parents that weekend, and between he and my father, they somehow talk me to going back into work. After another day of exposure, I go home and call the owner and tell him repeatedly that I quit...he finally getting the message. After affects- Belched up the taste of paint for a week after quitting. VERY bloodshot eyes after about a week. Burning sensation under my eyes as dark circles formed under my eyes. Extreme fatigue and a very uncomfortable feeling in my head. (feeling is now gone, but fatigue remains) Couple of months after I develop a chronic cough. Things that used to not bother me do. I used to could drive 10 hours strait to the mountains without blinking and eye. Now, driving more than an hour makes me irritable. I’ve seen a doctor for the past year who has done nothing but take blood and prescribe anti-depressants. He looked at the copies of the MSDS I brought him and said “There is some really bad stuff in this paint”, but seems to think the exposure was so short that it did no damage. I should mention he and my father know each other in a social setting. I’ve seen a psychologist who says I should just get back to my normal routine and it will all go away. He seems to think it was some kind of a break-down. I am not convinced of his diagnosis. I try to get back to my normal routine, but the fatigue is still there. And since most of the things I used to enjoy in life revolved around my health, that is a problem. These are all the details I can think of, laid out before you. Does anyone think I have a case?
A: People look to the Internet to find answers to questions about a wide variety of legal problems. Probably the most frequently given answer is that legal advice can't be given over a public forum, in line with the standard disclaimer: "The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law." So the next question people ask is, if they don't already know a good lawyer, and perhaps have never needed a lawyer before, how do they go about finding a good lawyer? This FAQ will talk about different ways to find an attorney, without getting bogged down in too much detail about specific types of cases. Whatever method you use, don't be reluctant to interview several lawyers until you find one you're comfortable with. How Do I Make An Appointment? Most lawyers are interested in new clients-we certainly are. When you call for a consultation, you don't need to give a detailed explanation to whomever answers the phone. Just say that you wanted to speak with the attorney about a new case, and briefly describe what it's about: an accident, a real estate dispute, writing a will, starting a corporation . . . whatever the case may be. No two words will get an attorney to return a call faster than the magic phrase, "new case." Some firms will charge for an initial consultation, others do not, depending on the type of case. For example, few lawyers charge for an initial meeting about a personal injury case; most charge for an initial meeting for a contested divorce. Make sure you understand the policy before you go in. Charging for the first meeting doesn't mean the firm is greedy; some use this as a screening device, to make sure you're serious about your case. It can also mean that the firm is good enough, and busy enough, that they can be selective about accepting new cases. What About the Yellow Pages? The Yellow Pages should be your last resort. This is unfortunate, because the Yellow Pages are a convenient reference. It would be unfair to assume, just because a law firm has a big, glossy ad in the Yellow Pages, that it couldn't handle your problem well. However, the only qualification needed to place a big ad is to be able to pay for it. Some good lawyers advertise heavily, but many other good lawyers advertise sparingly, or not at all. Lawyers who are happy with the size of their firm and get all the work they can handle from referrals by other lawyers and satisfied clients don't need to advertise. Can the Bar Association Help Me? Most local county bar associations run a Lawyer Referral Service. You can call information or look in the Blue Pages to find them. The way these work is that they maintain lists of lawyers who specialize in various areas and are willing to consult with new clients. Sometimes a nominal fee will be charged for an initial meeting. The Service in your area will be happy to explain the procedure. This is not a bad way to get names of several lawyers who are interested in handling your type of case. All the same, any lawyer who joins the bar association and signs up for the referral service can be on the referral list. The Bar Association does not perform screening or rating of the attorneys. As with the Yellow Pages, the listings include attorneys of all skill and experience levels. If you are looking to retain one of the leading lawyers for the particular type of case, you can ask who are the officers or long-standing members of their criminal law committee, their family law committee, their civil practice committee, their real estate committee, etc. You can also ask who are the local lawyers who've spoken on various topics at their CLE (Continuing Legal Education) seminars. Can't I Find a Lawyer Through the Internet? Often you can. The lawyers who are active on Usenet (see misc.legal), on CompuServe's LAWYER forum and, of course, Brett Weiss, P.C., function as an informal referral service. If you post a message, it's quite likely that someone who reads it will be able to help, or to give you the name of someone who can. For your message to be most effective, please do the following: 1.. In the subject line for the message header, try to give the state and the nature of your need. Examples: "Need MD Personal Injury Lawyer," "PA Probate Contest," "MO Med Mal Specialist." That way, lawyers in that state will be especially likely to read your message. 2.. In the body of your message, give a brief summary of the situation. But be CAREFUL! This public message will not be privileged, so it's better not to name names, or make any detailed statements about what happened, particularly if you or your loved one is facing criminal charges. We've seen instances where persons posted a detailed message trying to explain why they felt they were being unjustly prosecuted-while admitting every element of the crime! 3.. Also, in the message, spell out the city or town involved. And if any time deadlines are approaching, mention them. What's the Best Way to Find a Good Lawyer? The best way is the old-fashioned way: personal referral and word of mouth. If you know any lawyers, even if they don't handle your type of case, ask them for recommendations. Ask friends, family, clergy, people at work, union officials, club members, at the corner tavern or beauty salon. You could also ask for the name and telephone number of the company lawyer for your employer. Business lawyers very often know who the best matrimonial, personal injury or bankruptcy lawyers are in their area. And they can make an initial assessment of your case in determining who to recommend, and because of their relationship with the company, will try to see that you're satisfied. (Naturally, this doesn't apply if you need advice about a possible claim or dispute with your employer). If you're looking for a trial lawyer, ask for recommendations from friends and relatives who've recently served on juries. If you're looking for a real estate lawyer, call a title company and ask them who they use. For a domestic relations lawyer, ask the deputy court clerk in charge of domestic cases. Lawyers are the best source of information about other lawyers. Establish a relationship with a lawyer before some big emergency comes up and have him or her do some little things for you, like prepare a will, handle a speeding ticket or a residential real estate deal, review a contract, form a closely held corporation, etc. Is he or she responsive? Understanding? Prompt? Does he or she explain things clearly? Does he or she keep you informed without being asked? If the lawyer doesn't know the answer, does he or she admit it and then go find out for you? Then, when you have a big legal problem, you won't have to rush out and interview a bunch of strangers. You've already got somebody you can trust. If he or she can't handle the big matter, he or she can find you the right lawyer who can. What's the Worst Way? Yes, there is something worse than the Yellow Pages. Be aware that it is highly unethical for a lawyer to pay a referral fee, bonus, or kickback for "leads" on new cases. (Depending on state law, a referral fee sometimes may be paid to another lawyer, but there should be disclosure and client consent for any fee-sharing). Some of the profession's "bad apples" may still engage in the practice of paying "runners" for tips on new clients. So if a stranger (say, an emergency room worker) seems unduly insistent and volunteers that you should see a lawyer, or just happens to have a supply of the lawyer's cards to give you one, look out! This is not the kind of person who deserves your trust. Is This Covered By Insurance? Most people are aware that homeowners' insurance protects you if someone tripped on your sidewalk and sued. The insurance company will provide a