This post is from Attorney Edward A. ("Ted") Bills who can be reached at 719.444.1000 or at http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means constitutes an attorney-client relationship between a visitor and Attorney Ted Bills. Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Air Bag Success Stories. Air bags have been proven to be effective safety devices when used correctly in combination with seat belts and when they are correctly deployed during an accident. Since their introduction in the late 1980’s air bags have saved the lives of more than 4,000 people.

They are also effective in preventing life-threatening and debilitating head and chest injuries. The National Highway Traffic Safety Administration (NHTSA) reported that 75 of every 100 people who would have suffered a serious head injury and 66 out of 100 people who would have suffered chest injuries in a crash were spared that fate because they wore seat belts and had air bags that properly deployed.

If you have read or heard stories about injuries caused by air bags, these stories are true for air bags can cause injuries or even death when people are positioned too close to the air bag at the time of deployment. Anyone sitting at least 10 inches from the center of their breastbone to where the air bag is stored can generally realize the full benefit of the air bag’s deployment.

It appears that only 4 groups of people are at high risk from an air bag deployment: Infants in rear facing child safety seats in the front seat; unrestrained children ages 12 and under in the front seat; drivers or passengers with unusual medical or physical conditions; and drivers who cannot sit back at least 10 inches from the air bag.

The vast majority of people can avoid being too close and can minimize the risk of serious air bag injury by making simple changes in behavior. Shorter drivers can adjust their seating position while front seat adult passengers can sit a safe distance from the air bag. Infants and children 12 years old and younger should sit in the back seat. Everyone should buckle up.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice.

Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means constitutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Expert Witnesses:

During the O.J. Simpson murder trial (where O.J. was acquitted on the criminal charges) and the subsequent civil trial (where O.J. was found responsible for the victims’ “wrongful death”) the public was introduced to something that lawyers and other legal professionals know very well – expert witnesses and expert consultants. These professionals often play important and sometimes critical roles in litigation. The more important or complex the matter, the more likely you are to see experts involved for each side.

Who can be an expert?

Anyone with special knowledge, skill, experience, training and/or education beyond the experience of ordinary members of the public can offer services as an expert. It is up to the court to accept someone as an expert if that person is providing testimony in a capacity as an expert. 

In the Simpson cases these experts ranged from DNA experts, knife experts, crime scene investigators, forensic pathologists, glove manufacturers (if the glove doesn’t fit, you must acquit) and even experts in police practices.

The role these experts play will vary from case to case. There are times when an expert will simply serve as a consultant to the lawyer and be known only to the lawyer while, at other times, the expert will be used only at the pre-trial stage, perhaps to provide a supporting affidavit regarding a single element of the case. Finally, in some cases the expert may serve as a witness at trial or serve various combination roles.

How much is an expert paid?

The simple answer is “It depends.”

Experts are not paid for their testimony but are paid for their time and at rates comparable to their normal fees from other assignments.

Most experts charge a minimum fee (and these minimum fees can be very expensive). Some experts refuse to accept minor matters that generate little income.

Time billed by an expert can include time on the witness stand, time spent studying files, reviewing evidence, and writing reports, time spent meeting with lawyers or the client, time spent at the courthouse, time on the witness stand, and even time spent traveling.

Time on the witness stand is typically only a very small portion of time an expert will spend on a matter.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means constitutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

So What is a Forensic Psychologist?

The field of forensic psychology is the interface between psychology and the law. However, most forensic psychologists provide services which are both clinical and forensic in nature. When a psychologist treats an individual who was emotionally traumatized by an accident, the treatment is clinical in nature, designed to assist the individual in recovering from the trauma. But, when the psychologist is asked to provide a report for the court, regarding the extent of the trauma, and to assess the psychological damages incurred, then the psychologist is providing forensic services.

A forensic psychologist is a psychologist who, by virtue of training or experience (or both), is qualified to assist a court or other fact finder in arriving at a just or correct decision.

Our legal system requires that an individual accused of a crime be competent to stand trial. Further, even if an individual is competent to stand trial, he or she may have been suffering from a psychological disorder at the time the crime was committed. This could prevent an individual from forming intent to commit a crime; this is generally called diminished capacity.

Additionally, even if the individual is competent to stand trial, and was competent when the crime was committed, the presence of a psychological disorder may present a mitigating factor to be considered at sentencing. For all these reasons, psychological evaluations of criminal defendants are appropriate.

Psychological factors that are part of a defendant’s personality style and which predict a potential behavior pattern can be useful in establishing whether or not that individual was capable of committing the offense charged. The psychological assessment of sexual offenders can help determine disposition following sentencing, as well as in determining treatment needs to avoid recidivism.

Forensic psychologists often assist in a wide variety of civil matters as well. Examples would be lawsuits or insurance claims where emotional suffering is a part of the claim, where it is necessary to determine the competency of an aged or ill person to make decisions, cases where there is a question of whether a death was an accident or a “disguised suicide” in an insurance claim case, or in a wide variety of other areas.

To be a forensic psychologist one would first need a doctorate degree in psychology, often (but not necessarily) in clinical or counseling psychology.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means consittutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Medical Malpractice Insurance Premiums:

The cost of Medical Malpractice Insurance is the #1 topic at the 19th hole of every private golf course in the US.

Doctors believe, and would like their patients to believe, that their high medical malpractice insurance rates are the result of outrageous awards from juries and that, if it were not for the lawyeres bringing such suits the doctors would be fine.

However, that is not a position that is supported by evidence. In fact, there is significant evidence that efforts to impose caps on damages hurts patients and does not help doctors.

In a 2002 report by a congressional advisory commission, it was reported that, on average, physicians pay only 3% of their annual revenue for malpractice insurance – and even OB-GYN physicians, the specialty with the highest rates, those doctors paid only 6% of their revenue for insurance.

Somehow the insurance companies have convinced doctors that the reason for escalating insurance premiums are the out-of-control jury awards in medical malpractice cases. The facts,however, tell another story. According to a 2003 study by USA Today, less than 2% of malpractice claims result in a winning trial verdict.

So, who is at fault? What has caused the increase in malpractice insurance rates? The answer is “The economy”, or more specifically, the stock and bond markets.

Insurance companies are not making as much money in the markets as they did in the 1990s when they lowered medical malpractice insurance premiums.

The simple fact is, when earnings from investments are down, any business much either (a) lower costs, (b) increase revenues, or (c) do both. Insurance companies raised premiuims and told doctors that the higher premiums were caused by lawsuits – something that is easier to explain to congress, doctors, and patients than a reduction in earnings on investments.

The real bad guys are the insurance companies and everyone needs to understand that fact.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means consittutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Are you safe in the hospital?:

Hospitals have highly trained doctors, nurses and therapists. All hospitals do is care for sick people – so you should be safe while in a hospital, right?

Wrong. A report from the National Academy of Sciences’ Institute reported that between 44,000 and 98,000 patients die in American hospitals each year as a result of preventable medical errors.

So what can you do to protect yourself?

1.  Be an active participant in your health case – take part in every decision; and

2.  Be certain that your doctors know every medication you are taking – even over-the-counter medicines and dietary supplements; and

3.  Speak up if you have questions or concerns; and

4.  Be certain that you get copies of all tests and procedures; and

5.  Do not sign any hospital form unless you fully understand everything it contains; and

6.  Check the malpractice record of all doctors before any operation; and

7.  Determine the number of times your doctor has performed your type of surgery; and

8.  Don’t let anyone touch you until you have seen them wash their hands; and

9.  Ask a family member or trusted friend to be your advocate; and

10. Ask why you are receiving a drug before you take it; and

11. Demand to have the site of your operation marked with a permanent marker, before the surgery.

Do not think that being rich, or even financially comfortable will give you an edge – a recent article in the New England Journal of Medicine (March 16, 2006) noted that the quality of health care does not seem to vary among sociodemographic groups.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means consittutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Angioplasty using Taxus Stents:

First, stenting is a catheter-based procedure in which a small, expandable wire mesh tube (the stent) is inserted into a diseased or damaged artery, serving as a scaffold to hold it open. Stents are placed within a coronary artery with plaque buildup and then expanded against the plaque by blowing up a balloon. Once the stent has been expanded in order to compress the plaque and hold it into place, the baloon is then deflated and the catheter is removed.

In some patients who received the Taxus stent, doctors have been unable to deflate the balloon after expanding the stent resulting in the patient requiring emergency bypass surgery.

Boston Scientific, the manufacturer, has, twice, recalled some of the “Taxus Express 2 Coronary Stent Systems” because of malfunction in the delivery catheters – delivery catheters that have the potential to impede balloon deflation during a coronary angioplasty procedure.

If you or a family member sustained serious injury or even experienced a death in the family during the surgical implantation of a Boston Scientific stent, you may be entitled to file a claim against the manufacturer for money damages.

Patients who have already received implanted stents of this type through a successful operation are not affected by the recall because the problem arises only during the surgery during which the stent is implanted.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at   http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means consittutes an attorney-client relationship between a visitor and Attorney Ted Bills.  Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

In the service and facing a Court Martial? – What do you do?:

Whether you have just been arrested, read your Article 31/Miranda rights, or whether you have had charges preferred or referred against you for a Summary, Special, or General Court Martial, you might want to think about hiring a civilian attorney with expertise in military law issues. For example: you need to find a civilian lawyer with knowledge regarding the various types of Court Martial proceedings, Article 15s, and discharge issues.

It would be best if you could find someone with access to forensic psychologists, forensic toxicologists, computer experts, and other experts to assist in your defense.

It is not unusual for someone, particularly a non-lawyer, to have been read their Article 31/Miranda rights and still have no idea what their rights are and what may come next in the military justice process.

It is also critical to find a lawyer that will make NO moral judgments about you or the case. Innocent or guilty, the client is entitled to the best defense that the lawyer can provide.

When serious charges or false official statement charges are dropped as a result of an aggressive defense following an Article 32 Hearing, it can be possible to carry-on with a military career.

If an attorney guarantees you a victory, you might, wisely, seek out another lawyer. There are no guarantees in life and each case has its own unique facts and circumstances. A good attorney will not tell you that you have a great case and that you are certain to win. A good laywer should promise that you will get a great fighter in your corner.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients which an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County (Colorado Springs) Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at  http://www.SpringsAttorney.com)

Anything provided on this blog is for an informational purpose only any be no means constitutes an attorney-client relationship between a visitor and Attorney Ted Bills. Any reader of this blog is urged to consult competent legal counsel regarding specific points of law and not construe any material transmitted via this blog as legal advice.

Social Security Disability Programs:

The Social Security Administration provides a number of disability programs designed to assist the disabled. If you believe that you have a disability and think that you meet the requirements, click on the link that follows: (http://www.socialsecurity.gov/disability).

There are two disability programs administered by the Social Security Administration:

1-Social Security Disability Insurance which pays benefits to qualified individuals and their family; and

2-Supplemental Security Income which pays benefits based on financial need to qualified individuals and their family.

To apply for benefits an individual must take certain steps. This process can be very difficult and confusing for it is necessary to provide medical records and personal information. The Social Security Administration provides a ’starter kit’ and an individual can also fill out the Benefits Eligibility Screening Tool (https://s044a90.ssa.gov/apps12/best/benefits/) to determine what programs the individual might quality for.

I recommend that if an individual gets confused, or simply needs help in navigating the labyrinth bureaucracy of the SSA, that they contact a Social Security Disability lawyer to assist with the process.

Attorney Ted Bills has one mission – to fight for the rights of personal injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs. 

This post is from Attorney Edward A. (“Ted”) Bills who can be reached at  719.444.1000  or at  http://www.SpringsAttorney.com.

Anything provided on this blog is for informational purposes only and by no means constitutes an attorney-client relationship between a visitor and Attorney Ted Bills. Any reader of this blog is urged to consult competent legal counsel regarding specific point of law and not construe any material transmitted via this blog as legal advice.

DEA Agent sues over release of Video Tape:

DEA Agent Lee Paige was the agent who was video taped when he accidentally shot himself in the foot during a gun safety demonstration and now Agent Paige is accusing the federal agency of leaking the video that shows the accident.

Agent Paige was making a presentation to the Orlando Youth Golf Association regarding gun safety when the gun discharged. As a result of the accident, Page was suspended for five days and the videotape was given to the DEA. In his law suit against the federal agency, Paige claims someone in the agency leaked the tape to the media and he is now the butt (no pun intended) of jokes.

Attorney Ted Bills has one mission – to fight for the rights of personal  injury victims and those who have been devastated by the misconduct of others – he represents clients with an aggressive approach designed to provide SWIFT justice. Attorney Bills is a member of the American Bar Association, the Colorado Bar Association, the Colorado Trial Lawyers Association, and the El Paso County Bar Association. He works in tandem with his clients to provide assertive, business-savvy, legal services that solve problems, reduce delays, and minimize costs.