Posts Tagged ‘Charles Hausmann’

NEW RULE TIPS SCALES AWAY FROM JUSTICE.

Hausmann-McNally, S.C. strongly opposes Indiana’s 30-day rule that prohibits attorneys from contacting accident victims to advertise their services. We see a dangerous trend towards this in other states.

This new provision in Indiana’s rules of professional conduct prohibits attorneys from making in-person, written or electronic solicitations in cases involving personal injury or wrongful death within 30 days of an accident or disaster.

This is totally wrong thinking, in the view of Hausmann-McNally President Charles Hausmann. As most of our clients know, we send informational advertising to victims after they have been in an accident. “The rule takes away victims’ rights and gives a clear advantage to insurance companies. This is detrimental to the victims’ best interests. ”

“This rule prevents people who need attorneys to learn about services available to them. More than that, Hausmann argues that the 30-day rule helps insurance companies, the lawyers’ traditional adversary in personal injury lawsuits.

A 2007 study by the Insurance Research Council showed that people who retained attorneys to represent them received two and a half to three times the amount of money than those who did not have attorneys.

“If insurance companies can keep people from receiving written information about their rights for 30 days, they can do whatever they want and no one can stop them,” says Hausmann. Within that critical 30 days, victims may succumb to less-than-fair insurance company offers or hire an off-the-TV law firm with little substance to its claims.

Hausmann-McNally’s 28-page brochure, for example, sets out information about victims’ rights, how the legal process works, how to select an appropriate lawyer and law firm, pitfalls to avoid when dealing with insurance companies and more. “This new rule prohibits us from giving this information to accident victims for 30 days at the most crucial point in their decision process. This level of useful information could never be presented in a TV commercial, or print ad.

“Insurance companies profit immensely if people do not hire attorneys to represent their side of a case.” A recent Bloomberg online article showed that if Allstate Insurance could prevent 25 percent of accident victims from hiring attorneys, their stock would go up $1.60 a share–for an estimated sum of $847,680,000. Money that should go to accident victims is shifted to the insurance company’s bottom line. It is no secret that insurance companies like this new rule.

“What this new rule means is that the victims do not have access to the information that will help them achieve a better settlement from insurance companies.”

It doesn’t help that some law firms create outrageously misleading TV and radio ads. People need to be able to see print material so they can review and carefully judge what the “offer” is from the attorney.

Although the Indiana law went into force in January 1, 2011, Hausmann says he intends to continue fighting it.

Hausmann is particularly incensed at the rationale for the new rule, an alleged concern about the “sensitized state” of victims who were either injured or grieving. “These same ’sensitized individuals’ are prey to insurance companies who are free to contact, deny, delay and make lowball offers.”

We want everyone to enjoy this holiday season. To some it means more time with family and friends, to others it has religious significance and to many it means purchasing gifts for loved ones, especially beloved children.

Sadly, the holiday season always brings forth stories of unsafe toys that cause injury, even death, to little ones. Recently, we wrote in the Hausmann-McNally newsletter of a large recall of Fisher Price trikes and other items. The holidays notices also make us aware that some toys are painted with unsafe, lead paints. One thing we should watch out for, and perhaps toy recalls cannot predict, is things that get stuck in a child’s throat. This can range from a popcorn kernel to a small plastic toy that a toddler left under the sofa.

In 2009, more than 250,000 children were treated in hospital emergency rooms nationwide for toy-related injuries, according to the California Public Interest Research Group.

This group has produced a common-sense list which we are happy to share with our readers.

• When buying toys, look for clearly marked age ranges on the packaging.
• Check websites such as www.recalls.gov, www.toysafety.mobi or www.cpsc.gov, to learn of toy recalls.
• When giving bicycles, skateboards, skates or scooters, include a helmet.
• Look for toys labeled “phthalate-free.” Avoid soft-plastic toys or those made of PVC, which often contain phthalates.

When buying toys for kids under 3, avoid:

• Small toys or toys with breakable parts that can fit inside a toilet tissue tube.
• Round objects or small balls that can block a child’s airway. Balls should be at least 1.75 inches in diameter.
• Cylindrical pieces, like toy nails, that can lodge in a child’s throat.
• Never give balloons, which can block the airway.

The full CalPIRG “Trouble in Toyland” report is available at www.calpirg.org.
And if you are so unfortunate to have a child injured as a result of any unsafe toy or object, feel free to call our office. Our attorneys are aware of the hazards in the toy market and willing to help your family recover from injuries suffered by your child. The number to reach a Hausmann-McNally attorney is number is 800-227-6699

Charles Hausmann
President
Hausmann-McNally, S.C.

The life of a young musician, Youantis Wright, took a bad turn five years ago when he was severely injured in a tavern shooting. He finally received justice in Milwaukee County Circuit Court on June 3 when his attorneys at Hausmann-McNally, S.C.—Charles Hausmann and Michael Donovan–won a $1.7 million verdict.

On November 28, 2005 Youantis Wright just happened to be in at Remedies Bar & Grill, 5666 N. Teutonia Ave., with friends celebrating the production of his first CD. At closing time, he noticed a fight in the parking lot and, because he knew some of the people involved, he tried to stop the argument. Unfortunately, he was in the path of assault weapon bullets fired by the tavern’s security guard, Decosta Edwards. One of bullets tore through Wright’s chest and went out his back, causing injuries which almost killed him.

After being taken to Froedert Memorial Hospital where he had to be resuscitated several times, Wright endured months of surgeries and medical treatments to repair the damaged areas in his chest and torso. On June 3, Judge Charles F. Kahn found that Decosta Edwards was negligent the night of November 19, 2005 and ordered $500,000 for Wright’s past and future pain and suffering, $230,000 for medical bills and $1 million in punitive damages. The judge found that the defendant intentionally disregarded the Wright’s rights.

The bar owner, Suzana Ristic-Crumble declared bankruptcy just as the case was going to trial, to avoid facing the consequences of this action. Hausmann and Donovan, say the case definitely sends the right message. “For one thing, Youantis Wright deserves justice for his injuries,” said Michael Donovan. “The man who shot him only served five days in prison for the shooting that almost cost him his life and Youantis was not satisfied that was adequate punishment.”

“We are absolutely convinced that the trouble that comes from area taverns has to be stopped,” says Charles Hausmann. “Badly managed taverns are a blight on many neighborhoods–the root of many drug, alcohol and violence problems. We are sending notice that tavern and other business owners can be hit in their pocketbooks as well as face criminal charges,” he added. The firm has several other pending civil lawsuits aimed at holding businesses accountable for violence at their premises.

The firm’s Website is www.hausmann-mcnally.com