April 16, 2010

The Real Facts About "The McDonald's Case"

Ok, I do roll my eyes whenever anyone starts talking about "The McDonald's Case". So far, no one has ever come close to describing the real facts. I hope the following article will help to set the case straight.

There is a lot of hype about the McDonalds' scalding coffee case. No
one is in favor of frivolous cases of outlandish results; however, it is
important to understand some points that were not reported in most of
the stories about the case. McDonalds coffee was not only hot, it was
scalding -- capable of almost instantaneous destruction of skin, flesh
and muscle. Here's the whole story.

Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of
her grandson's car when she was severely burned by McDonalds' coffee in
February 1992. Liebeck, 79 at the time, ordered coffee that was served
in a Styrofoam cup at the drive-through window of a local McDonalds.

After receiving the order, the grandson pulled his car forward and
stopped momentarily so that Liebeck could add cream and sugar to her
coffee. (Critics of civil justice, who have pounced on this case, often
charge that Liebeck was driving the car or that the vehicle was in
motion when she spilled the coffee; neither is true.) Liebeck placed
the cup between her knees and attempted to remove the plastic lid from
the cup. As she removed the lid, the entire contents of the cup spilled
into her lap.

The sweatpants Liebeck was wearing absorbed the coffee and held it next
to her skin. A vascular surgeon determined that Liebeck suffered full
thickness burns (or third-degree burns) over 6 percent of her body,
including her inner thighs, perineum, buttocks, and genital and groin
areas. She was hospitalized for eight days, during which time she
underwent skin grafting. Liebeck, who also underwent debridement
treatments, sought to settle her claim for $20,000, but McDonalds
refused.

Continue reading "The Real Facts About "The McDonald's Case"" »

March 18, 2009

How Contingent Fees Work For Personal Injury Cases

Most of my personal injury cases are handled on a contingent fee basis. This simply means that I do not get paid unless I settle your case, or receive an arbitration award or verdict. No attorney fees will be paid if there is no recovery. Most attorneys handle personal injury cases on a contingent fee basis and charge one-third (33%) and forty percent (40%) if a lawsuit has to be filed and the case litigated. I value my services, but at the same time I realize that it was my client who was injured and who often has to deal with life changing injuries. And my fees reflect this belief, and therefore, my contingent fees for personal injury cases are 30% if a case is settled, and 37% if a lawsuit has to be filed and the case litigated.

When you are looking for a personal injury lawyer, make sure you ask the right questions about their fees, both for settlement and litigation. Also be sure to ask if they charge any "extra" costs. Some attorneys charge a rather steep flat fee for copying and other expenses.

If you have any questions, please feel free to call or email me. John@WilliamsLawPLLC.com.