Supreme Court to Discuss High Lawsuit Verdicts

Email - Credit Scam Phishing

5 Steps to take after being Injured in an Accident or at Work

On 5/30/2006, the United States Supreme Court agreed to review the high profile ruling against Philip Morris USA that resulted in a $79.5 million verdict in the case of an Oregon smoker's death. Jesse Williams, a Korean War veteran, died of lung cancer in 1997 after over 40 years of smoking. When his widow sued Philip Morris, the jury was asked to consider the other people like Jesse Williams that were affected by smoking. The verdict? $821,485 in compensatory damages and $79,500,000 in punitive damages.

Philip Morris appealed the case utilizing an argument against limitless punitive damages unless a high degree of reprehensibility is found. The brief, written by Andrew Frey, argued that, "a jury may never punish a defendant for harms to non-parties because doing so would inevitably expose the defendants to the risk of unconstitutional duplicative punishments." Robert Peck, lawyer for Mayola Williams, stated that the reviewal does not signal a punitive damage restriction.

More and more sophisticated email phishing schemes appear in Inboxes everywhere every day. Some emails are so clever and well done, they even include valid links and graphics. Only when clicking on a box or a link is the receiver unwittingly sent to a bogus site. These sites can deliver malicious software or ask personal questions designed to "phish" for personal information. While identity theft happens, courts have allowed tracing of e-mail back to the sender even when cleverly disguised.

The embedded "header" of an e-mail that most of us do not see contains information such as the identity of the Internet account from where it was sent. In various types of litigation like defamation cases or where a person uses an email very similar to a legitimate company to commit fraud, the identity of the anonymous person is critical. The header allows tracing back to an IP address - main IP addresses are registered and thus traceable to an ISP. Then, the IP address specifically granted to the user that sent the email (along with the date and time the email was sent) may possibly identify the account owner of the e-mail.

In one case, IP embedding supposedly sent anonymously was traced back through the Yahoo account it was sent from back to Mindspring, the ISP the sender used. From there, Mindspring ignored the fictitious name used on the account and traced the author back utilizing credit card records through American Express.

Anonymity can exist, though, as some users may utilize public access points which are largely untraceable. The savvy user may then setup and use a free web-based email program to send these e-mails. However, just because an email appears to be anonymous does not mean it is, and today's litigators must know how to trace such information and use gathered evidence to the maximum advantage.

Submit a case to the lawyers at the Rasansky Law Firm for free evaluation by utilizing our online contact form, or by calling 1-800-ATTORNEY.

To read more about specific cases on this subject, please read the article at http://www.law.com/jsp/newswire_article.jsp?id=1146487051212.

If you get injured in an accient or on the job, what steps should you take? Here are 5 main steps to remember:

1. Take very good notes about the incident and any injuries sustained to yourself and/or others

What exactly happened that led to the injuries? What type of injuries resulted? Complex cases may include changes in injury status over time, so a clear record is very important. Take notes throughout the entire claim process including pertinent conversations (write down each person's name, contact information, date/place of the conversation, and everything you can remember about what was said). While documenting your injuries, continue to chronicle throughout your case how they affect your day-to-day life.

2. Take Photos / Save any Evidence

In an accident, memories change, fade, or are purposefully changed over time. Recording photographs at the time of the accident greatly improves the veracity of a record at a later date. If you are unable to do this at the time of the injury, consider having a friend or loved one do so for you. Take photos of the scene, any injuries, and any property damage. Get copies of any medical records, property (car or otherwise) damage receipts, records or estimates. If a consumer product led to your injury, preserve the item as is at the time of the incident. Keep all associated items such as manuals, labels, packaging, etc., plus the original receipt. If you cannot locate the receipt, attempt to gain a record of the sale through the original seller, bank, or credit card company (used to pay for the item).

3. File a full Police Report

Contact the authorities as soon as possible and file a police report. While often not admissible in civil court, a police report assists your attorney in personal injury disputes including the circumstance of the incident and preliminary assessment of fault. Also, a police report will contain information on anyone that may have witnessed the incident.

4. Car Accident Specific

First, do not leave the scene even if you are in a hurry. Leaving the scene of an accident can be considered as a hit-and-run and you could face serious charges. Prior to assessing property damage, assess the condition of any parties involved including yourself, occupants of your vehicle, occupants of other vehicles, pedestrians and anyone else. Get medical attention if needed and call the police. Exchange information (name, address, vehicle info, telephone numbers). However, do not apologize for anything at the scene - exchange factual information only, your apology could later be construed in an unintentional way. Talk to any witnesses and get their contact information. Do not harrass them - they may not be able or willing to talk at the time, but may prove useful down the road. Contact your insurance company and provide details of the incident. Keep track of any medical records, record details (such as photos mentioned above) and get estimates to fix any damage. Then, utilize caution when discussing your case - only speak to your insurance company, attorney and to the police. If anyone else contacts you, refer them to your lawyer (1-800-ATTORNEY). And, finally, be wary of any early settlement offers - consult your personal injury attorney first.

5. Call a laywer/attorney:

Put the number in your cell phone, wallet or somewhere else on your person so you remember when you need it: 1-800-ATTORNEY.