Should Christians Sue for Personal Injuries?

It's October 29, 2012. You and your family heeded government warnings and evacuated your home on the South shore of Long Island, New York. Hurricane Sandy is ravaging the coast, and you can do nothing but wait for it to end.

The next day you return to your home, hoping it is still standing. As you enter the front door, you initially notice that the floor is covered with sand and debris. Water stains mark each wall, parallel to the ground at about three feet high. Everything on your first floor is destroyed, along with major damage to your home's exterior. Your cars are totaled. 

But, you are a Christian, and you keep things in their proper perspective. You think, "Thank God that my family is OK", and then, "Thank God that I have insurance!" You call your insurance company to make a claim, knowing that at least you won't suffer a major financial setback. 

Is this Wrong? 

What were your first thoughts when reading the above story? Did you think it is a sin to make an insurance claim? Did you think, "Christians should stay out of court"? Did the above story conjure thoughts of something dishonest or dubious? No? 

Then why do many Christians have these thoughts when faced with making a personal injury claim? The answer is multifaceted, but I believe predominantly stems firstly from a misinterpretation of scripture and secondly from marketing by insurance companies.

What is the Distinction?

It is perplexing that the same Christians who would unhesitantly pursue a property damage claim, refuse to make a personal injury claim. A comparison of a property damage claim and personal injury claim will reveal little distinction. Both cases begin as a claim and may end up in court. Both cases are paid out by billion dollar insurance companies, whose business is to sell insurance and pay claims. Also, neither claim will be paid personally by an individual involved in a lawsuit. Neither case will take money out of an individuals pocket nor take a family's house away.

The belief that it might be a sin or somehow displeasing to God to bring a personal injury lawsuit makes sense on the surface, because Christians are supposed to be "forgiving" and not seek revenge as "Vengeance is mine, says the Lord." Christians who accept this superficial rationale allow themselves to be twice victimized; first by the injury, and second by a misapplication of scripture. 

So why is there such a stigma on Christian personal injury lawsuits? 

Did Paul Say Don't Go to Court? 

Perhaps the most often cited scripture against Christians using the courts is 1 Corinthians 6. You may have heard that Christians should "stay out of court". A careful reading of this passage reveals that this interpretation is in error. 1 Corinthians 6:1-2 states:

If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the Lord’s people? Or do you not know that the Lord’s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? (1 Corinthians 6:1-2 Emphasis added)

Paul specifically mentions "trivial" cases. This statement about trivial cases is the backdrop for 1 Corinthians 6. Paul is pleading with the Corinthians to keep their trivial matters out of court. This is not a blanket prohibition against using the court system. Also, an injury to one's body is never trivial! In fact, your body, as the Temple of the Holy Spirit and made in the image of God, is more infinitely valuable than any property and infinitely more deserving of protections offered by society.

Disputes Against a Brother

Paul goes on to state:

Is it possible that there is nobody among you wise enough to judge a dispute between believers? (1 Corinthians 6:5b emphasis added)

1 Corinthians 6 is clearly written for disputes amongst believers. It does not state that a believer should not sue a nonbeliever. This would make no sense since a non-believer would not submit to the "Lord's people" for adjudication of a matter. 

Roman Courts

Paul did not want Christians suing Christians where a Roman jail might be involved. Roman justice was very harsh and favored the rich and powerful. This is absolutely not the case in the modern day personal injury case. The injured party is never in the superior position, as the insurance companies have an inexhaustible supply of money and thousands of attorneys on their side. 

Modern civil disputes, specifically for serious personal injuries must use the courts as there is no other way to proceed. A modern day lawsuit is nothing more than a dispute resolution system provided for by your tax dollars to uphold the rule of law. Civil lawsuits protect society by acting as a deterrence to bad conduct. To protect people, the government has set up a civil court system whereby private citizens can resolve disputes with other private citizens and insurance companies when they have a significant injury inflicted upon them. In failing to pursue a personal injury claim, one may unwittingly permit the offending party to inflict injury on other members of the public. 

This brings to mind a recent case handled by my office. My client, I'll call him Tom, was biking, when a woman in a car ran a stop sign and collided with Tom. He landed about 12 feet away and sustained serious injuries. The defendant in this case then fled the scene of the accident, but only after she stopped, saw exactly what she had done, and considered her options. We brought a lawsuit which not only compensated our client for his injuries, but also let the defendant's insurance company know what she did. This served to protect the public in that the defendant will likely have to carry more insurance in the future, and hopefully will more carefully consider her conduct when driving. 

Old Testament Insight

God has not only allowed personal injury lawsuits but he has actually ordained them in the Scriptures. In Exodus Chapters 21 and 22 God instructs Moses on the way personal injury claims are to be handled. So, God not only is not against injury lawsuits, in fact he believes they are important enough to set up a system to deal with them. 

Does this really have to do with Christianity?

While some Christians are quick to point to the Bible as a the reason why they will not bring a personal injury lawsuit, they may actually have been convinced by the insurance companies that it is wrong. For years, consumers have been inundated with propaganda from the insurance companies convincing them that every claim is illegitimate and that there is rampant fraud against the insurance companies. This is simply not true. This is actually just an attempt by insurance companies to minimize the number of claims that people make. It is a great business model for them - collect billions of dollars in premiums, and convince their customers that if they make a claim it is unscrupulous or fraudulent. 

Conclusion

Does God want you to forgive someone who injures you in an accident? Yes. Does God want you to go bankrupt, lose your home, and have your family destroyed because you can no longer work after a catastrophic accident? No. A careful reading of 1 Corinthians or the Bible as a whole does not lead to the conclusion that a Christian who is run down by a drunk driver and paralyzed should not make an insurance claim. 

The Top Reasons to Change Personal Injury Lawyers

1. All you hear is crickets from your present lawyer. They rarely if ever call you. They don't return phone calls. You never get to speak to the attorney, only a secretary.

2. You chose your present lawyer quickly without really researching how qualified they were. You picked your lawyer because they were a friend, a friend of a friend, a cousin, a friend's cousin, they did a house closing, drafted a Will, or took care of a speeding ticket. All the wrong reasons to hire a lawyer to handle your personal injury case.

3. Your file is collecting dust. They never keep you updated on the status of your case. You don't know if a lawsuit has even been filed. You don't receive copies of important paperwork to show what is happening. You feel like you have no control over what is going on. Time is passing and nothing is happening.

If this sounds familiar, the sooner you call us for a free evaluation the better. We will even check the status of your case on the court computer while we have you on the phone!  Call 1-800-669-4878 or visit www.1800NowHurt.com

Mark Freeley

Injury Attorney Partner

Buttafuoco & Associates

Top 3 Reasons People are Afraid to Change Injury Lawyers

1. They think they will end up paying more in legal fees...FALSE
The lawyers will SHARE the 1/3rd legal fee, so changing lawyers will NOT decrease the client's share.

2. They feel guilty or bad that the prior lawyer won't get paid...FALSE

The new lawyer will reimburse the old lawyer for all of their expenses AND share the legal fee with them based upon the amount of work the old lawyer performed.

3. They think it will delay their case...FALSE

Changing lawyers is a quick and easy process that will not delay your case.

Remember, you only have once chance to get the results that you deserve. The right lawyer makes all of the difference.

To speak with an experienced Personal Injury Lawyer call 1-800-669-4878 or visit www.1800NowHurt.com

Mark Freeley

Injury Attorney Partner
Buttafuoco & Associates

DID YOU KNOW? Scammers targeting hotel guests

The federal Trade Commission has issued a warning about scams targeting hotel guests. Next time you’re on the road, be aware of the following three dirty tricks. Be aware and you won’t become the next victim.

1. The late night, front desk phone call.  This scam starts with a ringing phone. It’s late at night and when the victim answers, the voice on the other hand of the line says he’s from the front desk. “There’s a problem with your credit card,” the voice says. “Could you give us the number again?” Of course, it’s not the front desk, it’s a scammer. The hotel would not likely bother a guest in the middle of the night. They would deal with the issue at the desk in the morning.
2. Pizza special! A hotel guest finds a flyer slid under their door. Great deals on pizza! They deliver to the hotel! Sounds great! Unfortunately, the pizza place isn’t real ( or at least the number isn’t), and when you order with your credit card you get no pizza, only fraudulent charges.
3. Wi-Fi fake out. Most hotels offer Wi-Fi service, for free or for a fee. Scammers know this and have been known to create their own Wi-Fi networks, with names that sound just like the official hotel network. If a guest logs on, they risk losing personal information to a crook. Guests should always check with the hotel to make sure they are accessing the authorized network.

What are the odds of being involved in a plane crash?

What are the odds of being involved in a plane crash?

A. 1 in 500,000
B. 1 in 11 Million
C. 1 in 280 Million
Answer: B. 1 in 11 Million 

Last year's crash in San Francisco has left passengers questioning whether or not Boeing could have prevented the accident.  

A group of passengers who were aboard an Asiana Airlines flight that crash-landed last summer at San Francisco International Airport, filed a personal injury lawsuit against aircraft manufacturer Boeing, alleging that the airlines’ negligence contributed to the crash.

According to the lawsuit filed in Cook County Circuit Court, Boeing knew or should have known that its ‘777’ passenger jet had inadequate auto-throttle control and low airspeed warning systems.

The suit also contends that Boeing knew or should have known that the airline’s pilots were not properly trained in basic landing and safety management protocols and that the pilots of Asiana Airlines flight 214 were not qualified to fly on July 6, 2013.

Approximately 100 plaintiffs, many of them South Korean or Chinese nationals, are listed on the lawsuit. There were 307 people aboard the plane when it crashed.

“As a result of the crash, each of the plaintiffs sustained injuries, including but not limited to, bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, medical treatment, loss of income, and medical expenses,” the suit states.

On Friday night, a Boeing spokesman was reached and stated that the manufacturer had no comment regarding the lawsuit.

“Boeing was aware that its low airspeed warning system was inadequate,” the suit states.

In addition, the lawsuit alleges that Boeing “failed to adequately train Asiana’s pilots” in its South Korean 777 training facility.

The wide-body commercial airliner tumbled across a San Francisco runway on July 6^th. Three passengers were killed and more than 180 passengers were injured. Other lawsuits have previously been filed in the case.

The National Transportation Safety Board has said Asiana pilots told investigators they realized the approach speed was low and set the auto-throttle to correct it, but realized too late that the aircraft speed never increased.

The lawsuit filed Friday claims that “The design of the auto-throttle control systems, the auto-pilot control systems, and/or the low airspeed warning systems on the subject aircraft, their improper installation, and/or their defects, resulted in dangerously inadequate warnings to pilots about low airspeed, a common cause of airplane crashes.”

Boeing retrofitted hundreds of its 737 jetliners with low airspeed warning systems that give audible commands after a 2009 Turkish Airlines crash, the lawsuit says.

“Yet Boeing has not installed such systems in its 777 aircraft,” the suit alleges.

“Boeing knew or should have known that the training procedures for Asiana pilots were not up to par, and were putting passengers’ lives at risk,” the lawsuit alleges.

The lawsuit demands a jury trial and seeks unspecified damages.

For more information, contact one of our Buttafuoco & Associates attorneys at 1-800-669-4878

Make sure you hire an EXPERIENCED attorney – Persona Injury Cases

It is very important to get the right lawyer from the beginning of your case. Often clients who have suffered a serious injury will just hire a relative or friend, someone without the necessary expertise to handle these types of cases. It’s very important to hire a lawyer who concentrates only on personal injury cases if you have been seriously injured in a accident. The good news is that you have the right under law to change attorneys at any time.

Do you have to pay a lawyer twice if I switch attorneys? The good news is NO. The fee is the same regardless of how many attorneys you have.

Have concerns about switching attorneys? Check out this video…

Home Fires Prompt Dehumidifier Recall

WASHINGTON, D.C. - LG Electronics Tianjin Appliance Co., in cooperation with the U.S. Consumer Product Safety Commission (CPSC), is urging consumers to check if they have recalled Goldstar or Comfort-Aire dehumidifiers. The firm is re-announcing the recall of about 98,000 of the dangerous dehumidifiers that pose a serious fire and burn hazard, and are believed to be responsible for more than one million dollars in property damage.

The power connector for the dehumidifier’s compressor can short circuit, posing fire and burn hazards to consumers and their property.

The dehumidifiers were first recalled in December 2009 following eleven incidents, including four significant fires. Since that time, the company has received sixteen additional incident reports of arcing, smoke and fire associated with the dehumidifiers, including nine significant fires. No injuries have been reported. Fires are reported to have caused more than $1 million in property damage including:

• $500,000 in damage to a home in Gibsonia, Pa.
• $200,000 in damage to a home in New Brighton, Minn.
• $183,000 in damage to a home in Hudson, Mass.
• $192,000 in damage to a home in Valparaiso, Ind.
• $139,000 in damage to a home in Salem, Ohio
• $129,000 in damage to a home in Brielle, N.J.
• $ 95,000 in damage to a home in Philadelphia, Pa.

Because of the severity of the risks, CPSC and LG Electronics are concerned with the lack of consumer response to the recall. Only two percent of the 98,000 consumers who purchased these units have received a free repair, which means that consumers and their property remain at serious risk.

Anyone who has the recalled dehumidifiers is strongly encouraged to immediately stop using them, unplug them, and contact LG Electronics for the free repair.

The recall involves the 30 pint portable dehumidifiers sold under the Goldstar and Comfort-Aire brands. The dehumidifiers are white with a red shut-off button, controls for fan speed and humidity control, and a front-loading water bucket. “G

oldstar” or “Comfort-Aire” is printed on the front. Model and serial number ranges included in this recall are listed in the table below. The model and serial numbers are located on the interior of the dehumidifier, and can be seen when the water bucket is removed.

The recalled dehumidifiers were sold at The Home Depot, Walmart, Ace Hardware, Do It Best, Orgill Inc., and other retailers nationwide from January 2007 through June 2008 for between $140 and $150. They were manufactured in China.

For additional information about the recall and for the location of an authorized service center for the repair, contact LG toll free at (877) 220-0479 between 8 a.m. and 7 p.m. CT Monday through Friday, and between 8 a.m. and 2 p.m. CT on Saturday, or visit the firm’s website at www.30pintdehumidifierrecall.com

If you have been injured due to a defective product call Buttafuoco & Associates today at 1-800-Now-Hurt

Buttafuoco & Associates
Construction Injury Attorneys
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

FDA Investigates DePuy Hip Replacement Devices

The DePuy ASR XL Acetabular System was recalled in August, 2010

The recall came after data from a study indicated that the five year failure rate of this product is approximately 13%, or 1 in 8 patients. Even if the defective device is replaced, it can leave behind dangerous, possibly deadly fragments that may not be discovered for years. DePuy identified reasons for the failure of the hip replacement system as component loosening, component malalignment, infection, fracture of the bone, dislocation, metal sensitivity and pain. Additional complications from the hip replacement system may include increased metal ion levels in the blood, bone staining, necrosis, swelling, nerve damage, tissue damage and/or muscle damage.

When you do have surgery, and have your hip implant replaced, insist that they preserve your hip implant and GIVE it to you.

Tell your surgeon NOT To send it back to the manufacturer. This hip implant can be crucial evidence in a potential compensation lawsuit and could make the difference between you getting fair compensation and getting nothing.

If you or a loved one have suffered losses in this case contact the experienced Attorneys at Buttafuoco & Associates who can evaluate your DePuy Hip Replacement claim for free and help determine your next best course of action.