Can an Attorney Help Me Get More Money for My Injuries?

Posted on by Horman Nichols, LLC

If you’ve ever been home sick on a Wednesday morning and spent some time watching the TV, you’ve seen the commercials – “Have you or someone you love been hurt in a car accident?” and the tag line is that “If you don’t get paid, we don’t get paid.”

Remove the cheesy and sometimes slimy nature of some of these commercials and you’ll see the message is that if you have been injured through no fault of your own, you should get a lawyer.  It’s also true that for the vast majority of personal injury cases, attorneys work on a contingency basis, which means they get paid a percentage of what they recover on your behalf.

Retaining an attorney will usually lead to a higher recovery on your personal injury case. There are several reasons for this, but here are a few primary ones:

1.  An attorney can assess the strength of your case and potential value.

2.  Hiring an attorney lets the insurance company know you’re not afraid to take your case to trial.  If you negotiate the claim yourself, the insurance adjuster knows you likely don’t want to go to trial.

3.  Hiring an attorney allows the attorney to become involved in communicating with the insurance adjuster earlier on in the process.  This can help you avoid any potential missteps in what you say to the insurance company or what personal information you authorize the insurance company to obtain about you.

4.  An attorney can advise you on ensuring that your medical records and treatment notes are properly documented to assist you in maximizing your recovery.

Consulting with an attorney for a personal injury case is almost always free with no risk to you. Trust your gut – if you feel uncomfortable with the attorney you’ve consulted with, speak to another attorney or firm.  Do your research and find attorneys that get consistently good reviews online (i.e., Yelp, Google and Facebook).

What The First Amendment May Not Protect

Posted on by Horman Nichols, LLC

First Amendment Rights are a hot topic right now.  Discussion ranges from the right of NFL players to kneel during the National Anthem to what a person says or does on their personal social media accounts.

The First Amendment is actually fairly narrow in scope.  It states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”  It limits what the government can do to your freedom of speech, expression, etc.  What it doesn’t do is provide a lot of protection in the private sector.

Recently, Hayley Geftman-Gold a CBS vice president and senior counsel, was fired for posting comments on social media stating that the victims of the Las Vegas shooting didn’t deserve her sympathy because they were probably Republicans.  Just yesterday, ESPN announced the suspension of ESPN anchor Jemele Hill for her second violation of the company’s social media policy.  Jemele Hill took exception to Dallas Cowboys owner Jerry Jones stating that he would bench any player who disrespected the American flag and voiced her displeasure on Twitter.  She previously posted tweets referring to President Trump as a white supremacist and prompted the White House to call for her to be fired.

So, the question is can an employer discipline and even fire an employee for what he or says or posts online after work hours or on their private social media account?  The answer of course is that it depends. Some states (a minority of states) prohibit employers from disciplining an employees for what he or she does on their personal time, as long as they are not engaging in illegal activities.  So, in these states, an employee is likely be protected from discipline for what they post online.

It may also depend on the device you use to access social media.  Often times, anything you view or post through a company-owned device is available to the employer. That includes smartphones, tablets, computers, etc.

One reality to bear in mind though is that the majority of employment is at-will.  This means that an employee can be fired for just about any reason.  The Employer does not have to show just cause.  So, if you get online and start posting comments that your employer takes exception to, you can likely be disciplined.  Your political beliefs are not protected in the workplace.