January 14, 2011

Attorney Joseph Lamy is the Only Choice If You Were in a Car Accident

This post will forego legal analysis or current news in favor of telling you a bit about my practice and how I handle auto accident cases. The Rhode Island Supreme Court does not certify any attorney in a particular practice area of law, but if you compare my office versus many other auto accident law firms, I think you will see that my office is the best choice to aggressively represent your case.

Is your attorney personally handling your case? Was your first interview conducted by a secretary or paralegal, or by the attorney whose name is on the door? When you call in to the office with questions, do you speak to your attorney or his secretary? Is it possible that you are being represented by someone you have not even met? I personally handle all of my cases from beginning to end. I will be the person conducting the interview at the beginning of the case, helping you throughout the process and negotiating an excellent settlement on your behalf.

Have you worked with an attorney before and found it impossible to get your attorney on the phone? One of the most common complaints I hear from clients of mine who worked with other attorneys in the past, is that they could never get their attorney on the phone. When you are hurt and out of work you need answers right away and you want to know that the person representing you actually cares that you are having difficulty. Things are done much differently at my office! My clients have my personal cell phone number and I ALWAYS return missed calls within 24 hours!

Have you met with an attorney and been told that they do not handle the property damage to your vehicle? Many personal injury attorneys refuse to handle the property damage portion of a claim because it is a significant amount of work, and lawyers do not take a percentage of the property damage settlement. Therefore, if an attorney can not profit from your property damage, they want nothing to do with it. I think this is ridiculous. You were in ONE accident and have an injury claim AND a property damage claim. Either your attorney represents you or they do not. My office will help you through the property damage portion of your claim, including rentals, total losses, and more.

Are other attorneys willing to fight for your case? Some auto accident law firms have so many clients that their profit comes from settling hundreds of cases, and not necessarily from obtaining the best results. Make sure that your attorney is giving sufficient attention to your individual case and is willing to file a lawsuit, if necessary, to obtain the money that you deserve.

Why else should you hire the law office of Joseph Lamy? I have worked for insurance companies and insurance defense law firms, and I have also worked for one of the most successful personal injury firms in New England. I have experience on both sides of a personal injury case and this allows me to really see the strengths and weaknesses of your claim. With that knowledge comes better preparation and with better preparation comes better results!

My clients often refer family and friends to my office because they have obtained great results and have the upmost confidence in my firm. I invite you to learn more about me and my law practice at my website. If you have been injured in any kind of accident, contact our office for a free consultation and find out why my practice is growing at an incredible pace!

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January 10, 2011

Music Producer Agreements - Before You Sign the Contract

Music producers are the unsung heroes of the music industry... the creative and talented force that transforms a group of musicians in studio into a platinum album. If you are a music producer, or an artist preparing to work with a music producer, here are a number of things that you need to know before entering into a recording or production contract.

At the most basic level, a music producer is paid per hour or a flat fee for studio time in which he or she records a bands music. At the highest level, a superstar producer writes beats, harmonies, contributes lyrics and is as well known as the artist singing. If you are paying a fee to a producer who contributes nothing to the music and is not looking for any payment more than his per hour, then this article is irrelevant. If you are that type of producer, or are working with that type of producer, enjoy your time together because the relationship ends when the recording is done.

But what about the well established producers who contribute to a song? Are they entitled to royalties? If so, how much? After all, more and more record labels are allowing producers to find and cultivate talent and then buying out the contracts or purchasing songs for publishing. This has allowed talented producers a great opportunity to hit it big. Do it right and protect yourself by having an experienced music lawyer draft and review your contracts.

There`s no better feeling than just going in and just working with someone and what comes out is something that the world knows about.

- Pharrell Williams

There are two ways for a high profile producer to be paid. A beat can be purchased for a flat fee, or a contract can be signed assigning producer points. Producer points generally range from 1 to 6 points. 1 point for generally unknown producers and 6 for superstar producers. The points are taken from the musicians royalty rate. For instance, if a musician has a recording contract with 15% royalties and signs a production agreement with 2 points, then the musician will get 13% royalties and the producer will receive 2% royalties. Producers are generally paid "record one" royalties, meaning that they are paid from the first sale and do not have to wait for the record label to recoup their investment before receiving royalties.

I get a half a mil' from my beats,
you get a couple gra-an-and
I'm a real producer and you just the piano man

- Timbaland

In many cases, the producer also collaborates on the composition. In these cases, the producer is entitled to more than the producer royalty. He or she is entitled to a percentage of the copyright and publishing royalties. If the producer is going to contribute music and/or lyrics to a project, his or her percentage is best agreed upon ahead of time, else it can become contentious once the song is completed.

As with anything in the music industry, contracts can get increasingly complicated. It is absolutely best to work with an experienced entertainment lawyer to ensure that your rights are protected.

January 6, 2011

Expunge Your Criminal Record and Help with Your Job Search

The employment picture in Rhode Island is still among the worst in the Country and for every available job there are several qualified candidates. I have spoken with a lot of people lately who have inquired about expunging their criminal record to help them in their job search. Most employers today conduct a background check which includes obtaining your criminal record from the Attorney General's office. Even if you are very qualified for a job, an employer is unlikely to hire you if your background shows a criminal record.

Fortunately, if you were arrested and/or convicted only once in your life, Rhode Island allows you the chance to expunge your record. All evidence of your arrest will be removed and you can agree to a background check with confidence that it will not hurt your job prospects.

In order to qualify for an expungement in Rhode Island:

  • The crime must not have been an act of violence
  • 5 years must pass after the disposition of a misdemeanor
  • 10 years must pass after the disposition of a felony
  • You must not have any other arrests on your record

If you meet these qualifications, there is a very good chance that your record can be expunged and permanently removed. It is a very quick and affordable process. Often a Motion to Expunge will only cost a few hundred dollars in legal fees and court costs. The benefit gained far outweighs the costs.

If you made a mistake in your youth, would like to have your arrest permanently removed from your record, and meet the qualifications listed above, contact my office right away for a free consultation.

January 4, 2011

Personal Injury Claims and Mental or Emotional Pain and Suffering

One of the most common questions that I am asked during a personal injury claim, whether stemming from a dog bite, medical malpractice, auto accident, slip and fall, or other type of accident, is "what about my mental and emotional suffering?" If you have been hurt through the negligence of another person, you understand that in addition to the physical pain, you may also suffer emotional distress.

Common symptoms of emotional distress are:

  • Difficulty sleeping
  • Anxiety
  • Fear of driving, or riding in cars following an accident
  • Nightmares
  • Stress headaches
  • Inability to concentrate
  • Loss of appetite or joy in life
  • and many others...

Clients suffering from one or more of these symptoms often ask if they will be compensated for their emotional pain and suffering.

Unfortunately, this is not an easy question to answer. For the most part, the Court is definitely behind the times when it comes to properly compensating people for emotional distress. Insurance companies and juries are capable of placing a dollar value on a broken arm, but find it difficult to value nightmares, lost sleep, anxiety, etc.

If you have any chance of collecting for emotional distress, you will have to prove the injury. It is not enough to merely say that you are feeling anxious. To be fairly compensated, you would need to seek treatment for the anxiety and have medical documentation of this emotional injury. Insurance companies look at X-rays to verify broken arms, and they will do the same when it comes to a claim of emotional distress.

In addition, the Courts will also consider the circumstances of the accident to determine the validity of an emotional distress claim. If you are involved in an auto accident, it is much more reasonable to believe that you suffered a mental breakdown if a passenger died in the accident, than if you were involved in a car crash with $500 property damage. Similarly, if you are bit by a pit bull, it is much more traumatic than being bit by a chihuahua.

This does not mean that you have to see a therapist every time you are in an accident. As part of your compensation for pain and suffering, a jury (and even an insurance company) will consider the overall negative impact on your life. Part of your pain and suffering is surely emotional distress.

If you do not have a history of mental illness but feel symptoms of mental distress or injury following an injury, it is important to speak with an experienced personal injury attorney.

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December 31, 2010

Happy New Years from Attorney Joseph Lamy

I want to thank all past and current clients for making 2010 a wonderful year for my firm. Past clients, very happy with the work that has been done for them continue to refer, new personal injury clients to my office, and 2011 looks like it will be even better. Our criminal defense and entertainment law practices continue to grow at a wonderful pace as well. I am very grateful to everyone and I hope that the New Year is bright and promising for all of you!


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December 29, 2010

Study Suggests Obese People More Likely to Die in Car Accidents

With New Year's resolutions coming around the corner, a new study suggests that there may be another reason for the overweight to shed excess pounds. A recent study suggests that obese men and women are far more likely to die in serious auto accidents than are men and women of normal weight.

According to the study:

  • A body mass index in the class II obesity range of 35 to less than 40 kg/m2 boosted risk of fatality in a severe crash by 21.2% compared with normal weight;
  • And morbidly obese drivers with a BMI of 40 kg/m2 or greater were 55.9% less likely to survive an accident than their normal weight counterparts.
The primary cause for these findings seems to be that obese people are closer to the steering wheel and windshield which may cause traumatic injury upon impact. In addition, there already poor health may make it even more difficult to survive serious injury. The study compared data of over 150,000 auto accident fatalities over the period of five years to arrive at their conclusions.

Interestingly, mildly overweight persons, may experience protection from injury due to their size.

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December 21, 2010

Icy Roads Caused Chaos in Rhode Island Last Night

Winter weather driving is upon us and thanks to a sudden freeze that occurred around 8pm, last night was one of the worst winter weather drives in recent history. Icy and slippery roads forced the Rhode Island State Police to respond to 31 car accidents! And that was just the State Police. The calls were so sudden and overwhelming that the State Police were unable to properly respond to all the calls.

I was driving at 9pm last night as well and can attest to how slippery the roads were. As Rhode Island drivers we tend to think that a dusting is not enough to cause treacherous driving conditions, but that is untrue. In fact, the most dangerous factor is the freezing conditions which cause black ice that is impossible to detect at night.

If you were involved in an auto accident caused by the snow and ice, it is important to speak with an experienced personal injury attorney. During our free consultation we will discuss liability to determine fault and determine if you are entitled to receive compensation for your injuries.

December 18, 2010

Obtaining Money Under False Pretenses Following Unemployment Benefits

I have received a few calls recently from people who are afraid of being charged, or have been charged, with obtaining money under false pretenses, following collection of their unemployment benefits. If the Rhode Island Department of Labor and Training believes that you were working while collecting unemployment benefits, then they will take action to recover their money and may even refer the case to the Attorney General's office for prosecution.

The Rhode Island Department of Labor and Training has stated on numerous occasions that they are looking to crackdown on those collecting unemployment benefits while maintaining some form of employment. These "crimes" are usually charged under R.I.G.L. 11-41-4 "obtaining money under false pretenses."

Critical to this charge and your defense is that this crime requires "intent to cheat or defraud." It may be difficult for the prosecution to prove any intent to cheat or defraud the Department of Labor and Training.

An investigation will almost always be opened by the Department of Labor and Training before any criminal charges are brought against you. It is imperative that you speak with an experienced criminal defense attorney early, if possible, during the initial investigation by the Department of Labor and Training. With proper attorney representation you may be able to keep this matter between yourself and the department without the added trouble of criminal charges.

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December 15, 2010

Massachusetts $71 Million Dollar Tobacco Verdict is Making News...

...and so it should. A suffolk county jury has awarded the family of Marie Evans an astonishing $71 million dollars in her wrongful death lawsuit against Lorillard tobacco, the makers of Newport cigarettes.

There have been many large awards against the tobacco companies in the past and by now the story is known to all. Tobacco companies knew for decades that their product was deadly but continued to hide and ignore evidence while promoting their product as safe. Years, and thousands of deaths later, the tobacco industry is the subject of thousands of lawsuits. But this case added another element that is quite interesting.

The estate of Marie Evans argued that Lorillard tobacco promoted and marketed Newport cigarettes to poor minority children. Ms. Evans was only 9 years old when first given a free pack of Newports while living in the Orchard Park housing projects as a child. Ms. Evans was hooked and smoked Newports until her death at the young age of 54. Attacking the cigarette companies for their predatory marketing practices of handing out free samples to poor and impressionable youth is a new tactic.

At this stage the case will surely be appealed, but there is also the chance that the jury could award punitive damages that excees the $71 million already awarded.

December 14, 2010

Our Phone Crisis is Finally Resolved!

After approximately 47 phone calls between Verizon and Cox and 7 service calls, our phone lines are finally fully operational again. I want to sincerely apologize for any inconvenience caused to my clients or potential clients over the past several days.

December 14, 2010

Depuy Hip Recall

Depuy orthopedics announced a formal recall of their ASR hip implant in August of this year and it has since become an increasingly talked about story. The recall affects two products, namely, the ASR hip resurfacing system and the ASR XL acetabular system. Hundreds of lawsuits have already been filed and many more are expected.

The ASR hip implant was marketed and sold in this country for approximately six years and has been implanted in nearly 100,000 patients. The reason for the recall is that approximately 13% of the patients who received the Depuy hip replacement required a second unnecessary surgery. Hip surgery is extremely painful and recovery can take many months of grueling therapy.

If you received a Depuy implant you may have a valid product liability claim. There are three common types of product liability claims:

  • Defective product design
  • Defective manufacturing
  • Inadequate warning and/or instruction

The Depuy hip replacement qualifies as a defective product design. The device is defectively designed and manufactured so that high levels of metal ions are released from the ASR hip implant. These metal ions released in the body can cause serious injury including, tumors, damaged muscle tissue, and osteolysis requiring hip surgery for correction.

It is also well established that the problems with the ASR device were known for quite some time. Many adverse reports were published highlighting the dangers with the Depuy ASR device and the FDA received hundred of complaints. The product was recalled in other countries as long as one year ago due to the serious risk.

Product liability cases are extremely complex and you need an experienced personal injury attorney to help you with this case. If you had hip surgery in Rhode Island or Massachusetts and received a Depuy ASR hip implant, contact our office right away for a free consultation. There is no fee unless we are successful in obtaining the compensation that you deserve.

December 10, 2010

I'm Blaming Verizon

I have to offer a sincere apology to any client, potential client, insurance company, or law firm who has tried to contact this office since yesterday afternoon. An attempt to switch our phone lines from Verizon to Cox has gone horribly wrong and my lines are down. I have been promised that the problem will be resolved by tonight.

I am sorry for any inconvenience. In the meantime, please feel free to contact me via email at info@josephlamy.com.

December 7, 2010

Rhode Island AG Elect, Kilmartin, to Adopt a Federal Immigration Program

The Providence Journal is reporting that Attorney General Elect, Peter Kilmartin, is planning to adopt the federal immigration program, "Secure Communities". Under this controversial plan, anyone arrested for a crime in Rhode Island will have the fingerprints taken and compared against a federal immigration database to determine if they are illegal aliens.

According to Kilmartin, the program is only aimed at identifying illegal immigrants accused of breaking the law. In his words, "these people are being accused of crimes, have probable cause to be arrested for crimes." Others are nervous that such a program could incite racial profiling arrests and discourage victims from reporting crimes (in particular, domestic abuse) for fear that their friend or family member may be deported. In addition, opponents to the program fear that people who are accused of trivial crimes, or have their charges dropped completely, can still find themselves embroiled in an immigration battle.

The Rhode Island ACLU is sure to challenge this program and there are bound to be opponents and proponents. It will certainly make the criminal justice system in Rhode Island a much more serious environment for those lacking proper immigration status.

December 7, 2010

New Snow and Ice Laws in Massachusetts for Slip and Falls

Massachusetts has long held a very pro-defendant stance when it came to slip and fall accidents due to snow and ice accumulation on sidewalks, driveways, stairs, etc. Under the prior law, a landlord was only liable for injuries caused by slip and fall if the accumulation of snow and ice was "unnatural" or "man-made". As you can imagine it was very difficult to prove that an accumulation of snow was "unnatural" and, therefore, it was next to impossible for those injured by slip and fall to collect for their injuries. This outdated law stems from an 1883 ruling and essentially encouraged landlords to neglect their property because they were immune from liability.

The law has been finally changed and landlords are now responsible for clearing natural and unnatural accumulations of snow from their property within a reasonable amount of time. In the ruling, Papadopoulos v. Target Corp, the Court held that the jury is now free to decide:

What snow and ice removal efforts are reasonable in light of the expense they impose on the landowner and the probability and seriousness of the foreseeable harm to others

The Court will now:

apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to 'act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of avoiding the risk.'

This is an important ruling for anyone injured in a slip and fall caused by ice or snow accumulation in Massachusetts.

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December 4, 2010

Do You Have a Negligent Security Claim?

Providence has its share of violence occurring in, and just outside, of its many bars and nightclubs. Police details seem to break up fights every weekend and the City has made efforts to curb the violence including, but not limited to, revoking the liquor license of bars with frequent problems of violence, attempting to reduce closing time from 2 am to 1 am, and by increasing the police detail outside the clubs at closing time.

If the injury or attack occurs inside, or immediately outside, of a bar or nightclub, you may have a case for negligent security. Negligent security is a form of premises liability, in which the landlord may be responsible for the injury sustained. A property owner (including bar and night club owners) has a responsibility to assess the danger to their invited guests and take measures to prevent injury. Landlords can try to protect guests by hiring additional security guards, limiting the number of guests allowed inside, monitoring the amount of alcohol served to individual patrons, increased lighting, training their security personnel to properly respond to an incident, and many other methods. Such steps are particular necessary in high crime areas or in bars or nightclubs with "questionable" reputations.

I represent the family of a young man who was murdered outside of a Providence nightclub, and I receive many other inquiries from people who have been attacked inside a bar. It seems to me an increasingly serious problem occurring with all too much frequency. If you have been physically attacked or sexually assaulted inside a public facility, you may have a case for negligent security. And keep in mind that these types of cases, while most common in bars and nightclubs, can occur almost anywhere. Malls, sports stadiums, schools and universities, and apartment buildings all have a duty to protect invited guests and prevent foreseeable injuries.

In order to succeed in a negligent security case you need to show that the attack was foreseeable and that the landlord, or his or her employees, failed to take adequate action to protect the victim. Whether your case meets the requirements for a negligent security case really depends on the facts and you will need to speak with an experienced personal injury attorney to help you decide if you have a case worth pursuing.

It is also important to know that because of the increased frequency of these types of cases, many insurance companies are now placing exclusions in their policies which state that they are not obligated to pay negligent security claims. In other words, the insurance company will cover a slip and fall or other type of accident, but will not cover the damages to a victim who was physically or sexually attacked due to lack of security.