Frequently Asked Questions

Below are some initial questions many clients have when they first contact Lombardi Law Firm. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

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  • After the collision what should I do with the motorcycle?

    You should save it. Store it in a garage or shed where weather will not deteriorate it and people will not remove or alter the post collision condition. Save all the loose pieces too. All of this may later prove to be important in an accident reconstruction.

  • What bills and expenses can I include in my personal injury case?

    You can include all medical bills including ambulance, rescue, emergency room, x-ray, MRI, CT-Scans, surgery fees, consultation fees, doctor, hospital, prescription medications, physical therapy, occupational therapy, chiropractic and any other charges being charged by medical service providers.  

  • Does OSHA require locking type snaphooks on pole strap systems used by linemen after 1 January 1998?

    No. However, a pole strap used as part of a work positioning system must meet the snaphook keeper design requirements under paragraph 1926.959(d)(6). No change in this requirement is anticipated by the deadline you identified. A pole strap used as part of a fall arrest system must meet, in addition to other applicable requirements, paragraph 1926.502(d)(5) which permits only locking snaphooks as of January 1, 1998.

     

     

  • No one is using fall protection on the construction site. What should I do?

    Fall protection isn't an option. If you have a union speak directly with them. Discuss your concerns with the construction site supervisor and request a copy of the fall arrest plan. If that gets you no where call IOSH and ask for an inspection of the work site.

  • The fall protection equipment being supplied on the job site isn't what I want to use. What can I do?

    Simply buy your own fall arrest gear. There are many stores on the Internet where you can obtain information and view different styles of fall arrest gear. One site I've found useful is Miller Fall Protection. Remember your number one concern on the job is safety and getting home safe and alive.

  • How often do people suffer a brain injury?

    Every 23 seconds one person in the United States suffers a brain injury from trauma. It’s estimated that 5.3 million Americans are living with a brain injury. Looking at it from an annual perspective that’s 1.4 million American’s every year suffer brain damage. Of that number about 50,000 each year die from brain injury and trauma.

  • I dont think we need a lawyer at this point but we do need information about what to expect with my sons brain injury. Where can I go for information?

    One site that I like has credible information and the owners aren’t trying to sell you anything, is the Brain Injury Association of America. That site has a section named Living With Brain Injury. There you can learn about the highs and lows of living with a person who has suffered traumatic brain injury.

     

  • After the car wreck should I talk with the other guy's insurance company? They seem nice enough, polite and say they want to help. What should I do?

    Let's assume you are involved in a two-vehicle collision. The other driver is at fault, such as it appears was the case in the rural Baxter collision where two motorcycle riders died. The insurance company for the at-fault driver is immediately put on notice of the collision by its insured driver. While the relatives of the decedents will be busy with funeral and burial details or in the case of an injured person getting medical care, the insurance company will spring into action to perform an investigation.  

    The other guy's insurance company has no responsibility to take photographs, to keep any photographs they take, to preserve the vehicles involved or to interview witnesses. The other person's insurance company has no duty to you or to your case. Reread that last sentence because it's important you understand it clearly.

    So while you may be hospitalized or arranging a funeral they are working their case. And work it they will do. If they phone you sort of admitting liability or offering to pay for the damaged or destroyed vehicle you feel somewhat assured they will later "do the right thing." And that is where you are making an incorrect assumption. The other driver's insurance company has no duty to you. My advice would be to forget the insurance proceeds right now. See a lawyer, hire a lawyer and get someone preserving the evidence. While you're dealing with doctors or funeral directors let a seasoned trial lawyer work to preserve evidence of the accident scene and vehicles. Let them interview witnesses and analyze what they say. I say this because if you settle with the other guys insurance company for your vehicle damage, they will then take control of the wrecked vehicle (motorcycles) and sell them for salvage. The salvage yard will crush and cube them or sell them at auction. And from there the evidence is gone or altered making proof of your case more difficult or impossible.

    You are told repeatedly that lawyers are greedy and rush to file lawsuits. I wish that statement had more truth to it. But normally it isn't the truth. Most crash victims don't want to appear greedy so they hesitate to move quickly to a lawyer. Or they hire the local family attorney who shoes many horses and doesn't consider himself a civil trial lawyer. A family lawyer is probably thrilled to have your case in his office. But it's not the right thing to do for either the client or the lawyer. The lawyer should immediately get on the phone and refer the case to someone who specializes in civil litigation. He should have turned the case down or referred it because as the file sits idly on his desk the defendant's insurance company is executing on a planned investigation that is destroying your case.  In most cases waiting can result in evidence being lost or purposefully destroyed. And when that occurs so goes the ability of the lawyer to prove your case.

    So what is my advice when you are in a serious accident? Find a lawyer quickly. Tell them you're hiring them to preserve the evidence for later consideration. If the other driver's insurance company phones you say nothing except, "Here is my lawyers contact information." Make no statement. If they insinuate that you are being greedy hang up the phone. The other guy's insurance adjuster is a trained professional who has probably done this hundreds of times. Making you make mistakes is his specialty. Don't be fooled. Be aware, be informed and protect yourself. Remember when the insurance adjuster wants to talk with you they have two goals in mind, none of which is in your best interest.

    For additional information on this subject read my previous post on this subject along with posts from Craig Kelley of Omaha, Michael Myers from Seattle, Chuck Boyk from Ohio from and others.

  • What do I need to prove? What can you do if a former employer gets the word out that you stole from them and makes remarks about your personal life, all which are untrue. What are the main elements of a defamation actiion?

    Let me take this answer about defamation one step further. First, no one has the right to say untruths about you and to make those statements public. There is little latitude if those untruths cause injury to your reputation for honesty. Statements that would reasonably be understood to be an expression which would attack a person's integrity or moral character, or expose the person to public hatred, contempt or ridicule, or deprive the person of the benefits of public confidence and social dealings or that causes injury to the person's business. These are what the law refers to as Libel Per Se. Here are the main elements that your lawyer will need to prove in court. See if you can prove each and every element while identifying witnesses, recordings, documents or other published information that proves the point of each. Proving defamation is all about the proof.

    Let me take this answer about defamation one step further. First, no one has the right to say untruths about you and to make those statements public. There is little latitude if those untruths cause injury to your reputation for honesty. Statements that would reasonably be understood to be an expression which would attack a person's integrity or moral character, or expose the person to public hatred, contempt or ridicule, or deprive the person of the benefits of public confidence and social dealings or that causes injury to the person's business. These are what the law refers to as Libel Per Se. Here are the main elements that your lawyer will need to prove in court. See if you can prove each and every element while identifying witnesses, recordings, documents or other published information that proves the point of each. Proving defamation is all about the proof.

    1. Identify what statement was untrue and how it was untrue.
    2. Was it published? If the untruth is published then to how many people was it published? Saying an untruth about someone to three people at a cocktail party after six drinks if different than saying it to a newspaper reporter who publishes it in the daily paper to 100,000 readers.
    3. What about the quality of the untruth? Were the words that are used or the substance of the untruth of the nature that it leaves no room for argument about what is intended?
    4. How was the statement characterized? Was it characterized as "This is just my opinion." Or as, "This is a fact that I have personal knowledge."? Everyone has an opinion and opinions leave room for disagreement over whether or not the ultimate conclusion is true or just the person's opinion. If someone says that Lawyer Lombardi in my opinion is no good. Okay, so what? No good at what? There are quite a few things that I'm not very good at doing. If you have to ask a follow up questions about what is meant then it's probably not going to be considered an absolute fact. If it's an opinion then the law asks, "So what that the proponent of the statement has that opinion about me?" Perhaps the proponent is jealous and everyone in the room knows that about him. But if they say, "Lombardi is a crook who steals money from his client trust account and I've got proof of it." Those words have a different message and a very strong message about my character for honesty.
    5. How many people heard or have been made aware of the untrue statement? That can make a difference as to how much the injured party has been damaged.
    6. And what about proximate cause? If you were to say an untruth about a convicted serial killer, how much can you possibly damage their reputation? You have to prove damage to your reputation.
    7. There are instances where the slandered person holds public office or the proponent of the statement holds a qualified privilege and then the jury must decide if malice is involved. We won't get into that but you have to ask a lot of questions before knowing if there is a case for defamation.
    8. Truth is always a defense.

    Defamation cases are highly dependent on the testimony of witnesses who can support every element of the tort to be proved.