Azrael Franz monitors evidence from Alaska Airplane crash

Azrael Franz, a Maryland aviation law firm has followed developments of the de Havilland  DHC3 “Otter” crash of July 7, 2013 in Soldotna, Alaska that tragically took the lives of all 10 people on board.  Early indications are that the aircraft, one of 466 built by the Canadian de Havilland corporation during the 1950s and 1960s crashed soon after take-off and was totally engulfed in flames when emergency personnel arrived.  The NTSB has sent a “go team” to the site to gather evidence and begin their investigation into the cause of the failures that occurred.

The DHC3 aircraft has had a relatively good history and is regarded as a workhorse for the short distance air taxi needs often desired in Alaska for travel that would otherwise be difficult on ground.  In August, 2010 another DHC3 crashed in Alaska taking the lives of 5 people on board including former Alaska Senator Ted Stevens.

Azrael Franz extends its condolences to the families of all those who have been affected by this tragic event.  We are available to assist families seeking answers to how and why this crash occurred and vigorously pursue remedies to hold those responsible for this tragedy accountable for their actions.

Azrael Franz adds its voice to growing chorus that Asiana Airlines pilot approached too low and too slow

Azrael Franz, a Maryland aviation law firm has reviewed taped footage of the July 6, 2013 approach and ultimate crash of Asiana Airline Flight 214 at San Francisco International Airport and confirms its belief that the pilot commandeered the aircraft at a speed that was substantially slower than advisable to make a safe landing and by approaching the runway at an extremely low altitude it gave no opportunity for the crew to abort the landing or change the outcome making the crash  inevitable many seconds before the tragic events unfolded.  Two young passengers have died and 181 others have been hospitalized, some with critical injuries, following the crash that severed the tail assembly from the fuselage and caused the plane to be engulfed in fire.

The Boeing 777 aircraft appears to have not experienced mechanical problems during its flight or approach to the runway but rather succumbed to a failure to maintain adequate height and speed as it came in for its landing.  Many technological advances available to commercial pilots to help guide approaching aircraft to a safe landing may have either not been working at the airport or on the plane, however considerable redundancy exists to account for potential problems with one or more of these available tools for pilots.  The NTSB has begun its investigation into all factors that could account for the crash, however it is clear that at the approach speed of this craft and its altitude the crash became inevitable many seconds before the crew attempted to abort the landing and divert for another landing attempt.

Azrael Franz extends its condolences to those families who have lost loved ones in this crash and extends its best wishes for a speedy and complete recovery to those who survived this terrible experience.  We are available to assist families seeking answers to how and why this crash occurred and vigorously pursue remedies to hold those responsible for this tragedy accountable for their actions.

A Baltimore County jury recently awarded $231,587.02 in damages to Suzanne Grasser and her husband, Charles Grasser

A Baltimore County jury recently awarded $231,587.02 in damages to Suzanne Grasser and her husband, Charles Grasser, against State Farm for failing to honor Mrs. Grasser’s uninsured motorist claim arising from an accident, when she was t-boned by an uninsured motorist. Mrs. Grasser suffered serious injuries to her neck and back and, after several years of failed pain management treatments, ultimately required a multiple-level fusion surgery to stabilize her lumbar spine. The medical expenses alone were over $170,000.

State Farm’s final settlement offer was $24,015.47. State Farm disputed the opinions of all of Plaintiff’s treating physicians and instead sent her voluminous medical file to its so-called “independent medical expert”, Dr. Robert Hanley, for a records review. Dr. Hanley did not examine Mrs. Grasser, did not speak with her doctors, and did not talk with her or ask her any questions about her condition or her treatment. Dr. Hanley testified that the vast majority of Plaintiff’s medical treatment was related to a pre-existing condition. The jury disagreed.

Jonathan Azrael, of Azrael Franz Schwab and Lipowitz, LLC, a Towson based law firm, convinced the jury that State Farm’s treatment of its insured was unfair, and that State Farm breached its contractual obligation to the Grassers. “We told the jurors that ‘like a bad neighbor, State Farm was not there’ for Mrs. Grasser,” Azrael said.

All of the lawyers at Azrael Franz Schwab and Lipowitz, LLC will continue to work hard for our clients and will fight insurance companies to help even the playing field. Without diligent, qualified counsel, injured parties have little chance of success when dealing with insurance companies like State Farm that under-value cases and force them to file suit and go to trial in order to get fair compensation.

See the attached link for an unsolicited testimonial sent by our client, Suzanne Grasser.     ——————————————————————————–     Grasser Testimonial   I’m still savoring the victory. Tonight I opened a bottle of champagne to celebrate.

Jon’s closing statements were absolutely brilliant!  We thought it was an inspired choice to have Jon take on [State Farm]. Jon came across as likeable and sincere. I think the jury was able to connect with him because he spoke to them on their level rather than talking down to them, like State Farm did.

State Farm has made my life miserable for the past two years. Dealing with the increased pain and failed treatments was stressful enough but knowing that I was going to have to justify every medication and treatment was a nightmare. Thankfully it’s all over, I have my life back and I can move forward. I can’t thank you Jon and the ASFL team enough for your support and expertise during this ordeal.     I have really enjoyed working with you.

Have a great summer! Suzanne Grasser and her husband, Charles Grasser

Drunk Driving Crashes in Maryland

Few accidents provoke as much rage as those involving a drunk or drugged driver. Motorists knowingly endanger others when they  drink and drive and are subject to severe criminal and civil penalties. If you  or a loved one have been injured in a car accident with a drunk driver, you are  likely entitled  compensation.

At this time of year, many people find themselves at office parties or other events where  alcohol is abundant. While having a drink or two over an hour or two maybe considered reasonable, any more is likely to impair a driver’s judgment. The sensible  solution is a cab ride home, a designated driver or any other mode of  transportation other than driving yourself.

Unfortunately, too many drivers underestimate their alcohol  consumption or take a chance on driving anyway. Consequently, serious injuries  can result from a drunk driving accident with medical expenses typically  totaling thousands of dollars, much of which may not be fully covered by health  insurance. Personal injury law provides that the responsible party in a crash case pay for all of the injured person’s medical expense, which payment is often provided  by that party’s insurance company.

Liability Issues

In Maryland the motorist has been over-served at a bar or restaurant while  obviously intoxicated, those who are injured have no recourse against that establishment  when their customer causes an injury accident. The same is true for social hosts over-serving guests in their house who later crash. Again no liability under Maryland law for those who over serve alcohol. This means in maryland your recourse must come from the drunk  motorist.

Maryland also is one of a handful of states with “pure  contributory negligence law”. For instance, if a drunk driver can demonstrate  that you contributed in any degree to the accident that caused your injuries,  then you recover no compensation.

For these reasons alone, if you have been involved in a crash you need to retain an experienced and  knowledgable personal injury attorney to fully investigate the facts of your  case, interview all witnesses, and potentially hire experts if contributory fault is  at issue.

Damages

Damages in a personal injury cases include the possibility that  you may not be able to return to your normal occupation or to any kind of work.  Injured plaintiffs are entitled to the following damages:

Past and future medical costs Past and future lost income Lost capacity to work Lost employee benefits Disability & Disfigurement Pain and suffering

Maryland does not allow plaintiffs injured by drunk drivers to  sue for punitive damages though efforts are underway to change that law in Maryland.

Retain an Experienced Personal Injury Attorney

Find a law firm with attorneys who have years of experience in  auto crash litigation, in dealing with insurance companies and with crashes involving drunk drivers.  Having a personal injury lawyer who understands the suffering and stress you  are undergoing and who will vigorously fight for your right to full  compensation for your losses is essential in these often difficult cases.

Walk Like MADD

Walk Like MADD is a fun,  community-driven 5K fundraiser that helps raise community awareness of drunk  driving and save lives. Azrael Franz Schwab & Lipowitz is a  generous supporter of MADD. MADD’s programs and services promote a vision of a  nation without drunk driving. As a constant supporter of MADD, Azrael Franz  Schwab & Lipowitz has helped MADD to deliver strong educational programs  and to provide victim services throughout Maryland  and the United States. 

 

Please join us to walk like madd!!   AFSL has a team ready to walk!  If you would like to walk with us and join  our team, please follow the instructions below.  if you can’t walk and  would like to support our team and donate, please follow the same  instructions. Make sure you donate on our azrael team page!!
Please  go to: www.walklikemadd.org/baltimore                       – click on “Find a Walk” – click Baltimore  and then                       –                      search for the Azrael team and join
MADD is also looking for volunteers to help  out before and during the walk.  If you are interested in volunteering,  please let me know ASAP.  Thanks for your support!!                    BALTIMORE WALK LIKE MADD 2013

Wrongful Death and Survival Actions and Ways to Help Your Practice

Paul Schwab spoke at several seminars for lawyers in  2012. On January 31, 2012 he presented a  seminar entitled “Wrongful Death and Survival Actions and Ways to Help Your  Practice” to members of the Estates and Trusts Committee of the Baltimore  County Bar Association. Paul based his  discussion upon over 25 years of providing clients with estate planning  services, handling trusts and probate estates and advising members of Azrael  Franz and other attorneys in wrongful death and other serious injury  cases. In thanking him for his  “excellent presentation”, the Committee’s Chair observed that he made a complex  topic “user friendly”.

 

Paul together  with Jud Lipowitz of Azrael Franz,  Judge Vicki Ballou-Watts of the Circuit Court for Baltimore  County and Christopher M. McNally of Towson on February 7,  2012 presented a seminar entitled “The Hazards of Maryland’s Wrongful Death  Law” to the Baltimore Country Bar Association’s Negligence, Insurance &  Workers’ Comp Committee. Paul detailed  the need for a probate estate, the estate’s survival action and its relation to  the family members’ wrongful death claims. He concluded the seminar by reviewing the “dos” and “don’ts” for  attorneys in handling wrongful death cases.

Paul again was part  of “Solo Day Program” held at the Maryland State Bar Convention. The audience for his 2012 seminar entitled  “Wrongful Death and Survival Actions: What You Need to Know (But Probably Do Not) to Help Your Practice” was  attorneys with “general” practices. After reviewing the wrongful death claims of the victim’s family and the  estate’s survival action, Paul outlined steps potential victims and wrongdoers  can take to financially protect themselves and their families. He also provided the attorneys with guidance  on what to consider when the victim’s family asks for advice on their claims or  the “defendant” seeks assistance with his legal problems.
If you would like more information  on any of these 2012 seminars or the written materials that accompanied them,  please call Paul at (410) 821-6800 or email him at pschwab@azraelfranz.com.

NTSB Recommends Ignition Interlocks For All First-Time Dwi Offenders And Endorses Development Of Passive Alcohol-Detection Technology

Today the NTSB issued a recommendation that is welcome  news for all involved in the drunk driving issue and could herald a new era in  combating this tragic crime. See the  press release below. Following its May  15, 2012 Forum on Impaired Driving the NTSB has taken on the matter “head on” and  is putting its weight behind two initiatives that will dramatically reduce,  even eliminate, all drunk driving in the US.
The first recommendation is for mandatory ignition  interlock for all offenders, including all first time offenders. Maryland  and 32 other states have no first offender required ignition interlock. This requirement has been shown to be  effective in reducing drunk driving fatalities in every state that has  legislated mandatory ignition interlock for all offenders. The reluctance in many states is the same as  for any mandatory sentence; namely that it takes away discretion from the trial  judge to offer other appropriate sentencing. Here however the facts speak very loudly for themselves in demonstrating  a direct relationship between mandatory ignition interlock and reduced  fatalities. We hope that with the imprimatur  of the NTSB (and potentially the force of the Department of Transportation to  withhold highway funding for states that do not comply) we will see a new wave  of states getting behind this measure. At a minimum as we move forward throughout the country the fact that the  Federal government has spoken clearly on the subject should create momentum for  achieving universal acceptance of mandatory ignition interlock for all  offenders.

The second and equally important initiative endorsed by  the NTSB is for the continued research presently funded by virtually all auto  manufacturers to install passive detectors within all cars that will  immediately and without false positives disable a vehicle’s ignition upon  detecting the presence of alcohol on the driver. The technology exists at present to take an  ambient breath sample of the person behind the wheel, detect the presence of  alcohol of a level that would indicate impairment and prohibit the driver from  starting their vehicle. This is all done  passively; meaning that just by sitting behind the wheel and breathing normally  the driver would be tested and only if no impairing alcohol level is detected  would the ignition start. The present  research is also working to calculate eye nystagmus by a detector in the rear  view mirror and galvanic skin response that can detect impaired driving through  the steering wheel.  We attended the NTSB  Forum where this latest technology was unveiled and we were highly impressed. It is anticipated that the research and  testing will take another 10 – 12 years to be fully functioning and placed in  vehicles in the manufacturing process. Much like seatbelts it is expected that this advancement will initially  begin as optional equipment, but that the safety aspects of the technology will  make it standard equipment in due time. This is the answer that those of us in MADD have been waiting for over  the past 30 years. It has the potential  of making drunk driving truly a thing of the past.

We extend our thanks to the NTSB for addressing these  important initiatives that support our quest to eliminate drunk driving. We look forward with great anticipation to  the results of this action by the Board as they cascade across the country. Our fight to end drunk driving continues and  as long as there are any victims of this senseless crime we will continue to be  there to support them and work to change the laws so no one will fall victim to  this crime in the future.

Click Here For the NTSB Press Release

Seatbelt Injury from Auto Accident

When a traffic accident occurs, no one expects to suffer from a seatbelt injury. From auto accident statistics to anecdotal evidence, in the vast majority of cases, seatbelts function correctly and save lives. The National Highway Traffic Safety Administration reports that each year 9,500 lives are saved by using a seatbelt. Injury from auto accidents leads to pain and suffering, and to significant hospital and rehabilitation bills. Some lay the blame on the victim by assuming they failed to wear a seatbelt properly. However, many people sustain injuries even if they correctly used a seatbelt.  Seatbelts first showed up in cars in the 1950s, but the use of seatbelts stayed low until the early 1980s. Seatbelts are very effective in preventing passengers from flying through the windshield or into the dashboard. A fair amount of engineering went into their design. In an accident, a seatbelt should spread out all of the energy and force caused by a collision to areas of the body that can take a little more “beating up”, specifically, the pelvis and the ribs.

The use of seat belts lead to something called “seat belt syndrome” where crash victims may suffer from:

• a lap belt mark on the skin (the “seat belt sign”)
• laceration of the colon, small bowel or the stomach
• laceration of the liver and spleen
• injured pancreas
• vascular injuries
• spinal injuries

Sometimes, there is a failure of the seatbelt system itself. There are many components in seatbelt restraints and any of them can fail in an accident. Even when a seatbelt is used, it is possible that some defect in the restraint causes serious injuries. Whether or not injuries are due to a defective seatbelt, the potential for a seatbelt injury from auto accident cases is large.

Motorcycle Accident

Motorcycle sales and riding have been on the increase in recent years. High gas prices and the return to riding by middle-aged former riders are part of the reason as well as the recreational aspect and ease of getting around in urban areas.

With the increase in riders is the spike in motorcycle accidents. Many people consider motorcycles as inherently dangerous vehicles since they offer little to no protection in an accident involving even the slightest collision.

Statistics show that nearly 80 percent of all motorcycle accidents result in an injury or fatality compared to only 20 percent for passenger vehicles. Riders are prone to catastrophic injuries despite wearing the recommended protection such as leather gloves, boots, leather jackets and full-face helmets, which can help minimize injuries but not prevent them. For riders who opt not to wear protective clothing, especially in warm weather or in those states that do not require helmets, they risk severe abrasions, multiple fractures, and traumatic brain injury.

Causes of Accidents

The majority of motorcycle accidents occur at intersections where a motorist makes a left turn into the path of an approaching rider. A motorcycle is much smaller than a motor vehicle and a driver will often not immediately discern that a motorcycle is approaching. Glare, distraction, inattention and misjudging the speed and distance of a bike are other reasons why motorists tend to turn directly into the path of a rider.

Riders are responsible for about 25 percent of accidents. Speeding reduces the reaction time to see, appreciate, and avoid a hazard. Over-braking can lead to the rider and any passenger being ejected as can going too wide on a curve from excessive speed or under-cornering that can lead to loss of control.

Riders can help themselves by not tailgating, lane sharing, wearing protective clothing, avoid riding in inclement weather, and assuming that other motorists are not aware of them.

Common Motorcycle Injuries

Traumatic brain injuries (TBI): Head injuries are common even with full face helmets. Along with facial fractures, intracerebral hemorrhaging can occur and lead to a TBI. Symptoms include convulsions, headaches, nausea, slurred speech and loss of balance. In severe cases, victims suffer from significant cognitive impairments in learning, memory, behavior and recognition.

Spinal injuries: Even wearing protective clothing, a violent impact onto a hard surface, another vehicle, highway barrier or tree can easily lead to a spinal injury such as disc and nerve damage. More severe injuries are partial or total paralysis.

Disfigurement: A rider who has no helmet or a minimal one or who wears shorts and a T-shirt risks disfigurement or permanent scarring from lacerations when thrown from a bike or skidding on a road surface.

Fractures: Being ejected from a bike can easily result in a broken arm, leg, hand or other part of the body. Facial fractures can occur from not wearing a full helmet.

Injury Claims

In an accident, many law enforcement officers assume that the rider was at fault or at least partly responsible. Injured riders need to retain legal advice and representation from attorneys who are experienced in and have a successful record of achieving compensation for injured motorcycle riders.

Motorcycle attorneys appreciate how a bike operates and its capacity on the road. In many accidents where liability is at issue, the attorney can quickly have investigators and accident reconstruction experts on the scene to review and survey the accident site, interview witnesses, and uncover evidence that can prove that the conclusions of a biased police officer were wrong.

Attorneys who handle motorcycle accidents also have experience with traumatic or catastrophic injuries since many of these injuries are so severe and know the steps to take to ensure the proper medical and other experts are part of the legal team. Finally, by having the knowledge and skills in this area and recognizing the common issues in most motorcycle accidents, a motorcycle accident attorney has the tools necessary to successfully negotiate with skeptical insurance companies or defense attorneys.

Deadly Fungal Meningitis Linked To Tainted Injections In 23 States

Thousands of patients in 23 states received injections of what likely was a tainted batch of steroid epidurals produced by New England Compounding Center of Framingham, Massachusetts. The U.S. Food and Drug Administration has overseen the recall of 17,676 doses shipped in July when a serious fungal meningitis outbreak began blossoming, sickening 91 patients and killing 7 as of October 8, 2012. The Centers for Disease Control has been working feverishly with health departments in the affected states to notify those who were unknowingly injected with the contaminated drug to seek immediate medical intervention.

Fungal meningitis, much like bacterial meningitis and viral meningitis causes an inflammation of the brain and central nervous system that if not quickly diagnosed and aggressively treated will usually lead to death. It is reported that as many as 13,000 doses of the epidurals were injected into patients between July and September, 2012.

Azrael Franz, a Baltimore based law firm has followed this breaking story with considerable concern. Those who contract fungal meningitis are strongly advised to seek immediate medical attention. It is also prudent in this case to speak with an attorney skilled in complex medical litigation. Our firm has been working for over 30 years protecting the rights of victims injured due to negligence. We are prepared to fully investigate and prosecute actions against those responsible for this recent avoidable outbreak of deadly meningitis.
If you or a loved one has been notified of having been injected with the potentially contaminated epidural given for neck or back pain or if you suspect you have been affected please contact Judson Lipowitz, JLipowitz@azraelfranz.com, to determine all of the facts and assess your options in moving forward. We extend our best wishes for good health and a complete recovery to all those who have been impacted by these events.