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Can’t Find Your Client? Witness? or the Defect?? 5 Proactive Steps

Posted on March 19, 2013 by Lina Maini

lost and found

Every attorney has his/her own intake survey (generally varying by incident type) and method of working a case.  Below are several situations that our investigators have experienced in the field, and recommendations based on these incidents.  We hope these observations serve a proactive purpose in keeping a case in check.

1. Your client’s emergency contacts.

Situation: On numerous occasions we’ve had to locate a client that has moved without notifying his/her attorney.

Recommendation:  Obtain the complete contact information of at least 2 relatives and 2 friends NOT living with the client.  (Drilling deeper,  obtain the DOBs of the emergency contacts.  This may appear to be a rather aggressive suggestion but,  at least 2 of these 4 contacts should be within the 25 – 45 years old range.  Obtain an email address as these are often traceable. )

 

2.  The witnesses.

Situation: I’m sure you’ve all seen a PAR w/a witness listed as “Johnny, 917-555-1234″. (or same, similarly incomplete police report).   No address, no surname and a cell phone that may or may not be active in 2 weeks, let alone 2 years.

Recommendation(s):  1. Call “Johnny” immediately.  Obviously,  the first objective is to determine his knowledge of events regarding your client’s matter.  2. Obtain his contact information and an identifier.  (Again we suggest DOB.  Many people are reluctant to release their SSN.)  3. Obtain an emergency contact for him.   4.  Check the contact info every 6  months until the case is resolved.

 

3. Professional photographs of the accident scene, especially if citing defect or disrepair. 

Situation:   Several years ago, we had an exterior premises  trip and fall situation wherein we were called to investigate the scene approximately 4 months post-incident.  The injured person made several natural and unintentional mistakes: 1. Not realizing the extent of his injuries, he did not call 911.  There were no on-site witnesses and no responder witnesses, and  2. When he returned a week or so later, after receiving medical attention, he’d taken photos of the accident scene but the shots contained shadows running across the defect rendering it difficult to determine the exact nature and severity of the  defect.   He was to go back and re-shoot the scene but did not.  4 months later, no defect, no repair record.  The homeowner, of course, knew nothing.  Good luck with an area canvass among neighbors.

Recommendation: Send out a professional to photograph the accident scene ASAP.  Don’t expect the client to return and accurately record the scene.  Bear in mind, however, that the defect may have permanently “disappeared” and there may not always be a repair record.

From our good friend,
http://www.stus.com
:

 car accident

4.  If it seems weird; it probably is.  Check all possible contributory factors.

Situation:  Claimant fell UP the stairs.  She wasn’t carrying bags, wore flat shoes; no drugs or alcohol were involved.  No defects, liquids or debris on the ground.

Recommendation: Measure everything.  After taking detailed step and rail measurements, we realized that a) the steps were unequally sized – from the height between them to the protruding lip of each step (which was excessive at the point where she was caused to trip and b) the rail would have been out of reach from her position regardless, with no secondary wall rail in place.   Rarely do people slip, trip or fall for no reason (unless there is an underlying medical condition.)

 

5. Always check to see if drugs and alcohol were involved. (Defense)

Situation:  Building maintenance crew member claims to have fallen off of a defective ladder.  The ACR showed extremely high bp readings; 3 taken at 15 minute intervals by responding EMS.   Beyond what would be expected even in a stressful situation.

Recommendation: Check the medical history.  The individual was on Lipitor and had not taken his medication as prescribed for several days preceding his fall.  (He’d also commented to several co-workers earlier on the day of incident that he was feeling “dizzy”.)  There was absolutely nothing wrong with the ladder, the area surrounding it, nor was he working at a height requiring specialized safety equipment.

Our Operatives: Investigative minds at work.

As always, stay safe.

Filed under: accident, General Information, locate, slip and fall, witness | Tagged: , , , , , , , , , , , , , , , , , , | 3 Comments »

Cell Phones Demystified

Posted on October 29, 2012 by Lina Maini

In emergency situations, our cell phone is often our best resource for various reasons ranging from contacting our loved ones to determining our best avenues to safety to access to .

Our focus in this post is to remove the mystery behind several urban myths regarding cell phone capability.

1.  112, The Worldwide Emergency Number

Myth: The Emergency Number worldwide for Mobile is 112. If you are outside of the coverage area of your mobile network and there is an emergency, dial 112 and the mobile will search any existing network to establish the emergency number for you, and 112 can be dialed even if the keypad is locked.

Reality:   112 is the Europe-wide emergency phone number. Throughout most of the European Union and some neighboring countries, dialing 112 will connect callers to local emergency services. The system doesn’t include North and South America, Asia, or Africa.

Most, but not all, cell phone models are pre-programmed to redirect calls made to any of the most common emergency numbers (e.g., 911, 999, 000, 112) to the proper local services regardless of the caller’s location. And most, but not all, cell phone models and service providers will allow the most common emergency numbers to be dialed even if the caller is outside his or her regular service area, or the phone lacks a SIM card. However, no mobile phones can put through calls, emergency or otherwise, from locations where no cell service exists at all.

Within the U.S., dialing 911 remains the most direct and reliable way of contacting emergency services regardless of what kind of phone you use.
2.  Unlocking your car via mobile phone.

Myth:  If you lock your keys in the car and the spare keys are at home, call someone at home on their cell phone from your cell phone. Hold your cell phone up to your car door and have the person at your home press the unlock button, holding it near the mobile phone on their end. Your car will unlock.

Reality:   Cell phones and remote keyless entry systems work on entirely different radio frequencies. Therefore, cell phones are incapable of re-transmitting the signal from a remote key to unlock a car door.

3. Hidden Battery Power

Myth: Your cell battery is very low. To activate the “reserve” , press the keys *3370#  and your cell will show a 50% increase in battery power. This reserve will get recharged when you charge your cell next time.

Reality: Completely false.  In fact, toggling between codes that will invariably fail will decrease the battery life.

(We’re shutting down for the day due to Hurricane Sandy.  The remainder of this post will be up shortly.)

Stay safe.

Filed under: 112, 911, battery, cell phone, Emergency Information | Tagged: , , , , , , , , , , , | Leave a Comment »

Text or Video Crime Capture to 911 in Real Time – Makes For New Evidence

Posted on October 17, 2011 by Lina Maini
Glock 17C (compensated) with Glock Rail and ad...

Image via Wikipedia

In developing this week’s topic, I recalled an incident that occurred to me several years ago.  I was driving in a remote area behind Republic Airport (Farmingdale, Long Island, NY) after a flight lesson. For some odd reason, I’d left the airport using an exit I was unfamiliar with but nonetheless figured I could ground navigate myself to a major highway.  I was on that road for several minutes when the passenger in the vehicle in front of me threw a Glock out of the window and onto the road.  I immediately dialed 911 but could not adequately describe my position as a) my GPS was charged out and there were literally no street signs.  I began to name the shops and odd things (like a large spinning red light in front of one store) and the Suffolk County police quickly determined my location. 

Now granted, mobile technology has grown leaps and bounds since even a few years ago but the below article truly explains the future of emergency transmissions, using various mobile techniques.

New 911 may allow text and video ‘calls’

November  23, 2010: 2:22 PM ET

 

NEW YORK (CNNMoney.com) — The U.S. government is trying to bring the 911 emergency service “into the 21st century” by looking into allowing text, photo and video reports from mobile phones.

The Federal Communications Commission said Tuesday that 70% of 911 calls come from mobile phones. It also said some situations — such as a home intruder — don’t allow the victim to make a voice call safely.

 

“Today’s 911 system [launched in 1968] doesn’t support the communication tools of tomorrow,” FCC chairman Julius Genachowski said in a statement. “We primarily use our phones to text, [but] right now, you can’t text 911. It’s time [for] the digital age.”

The proposed “Next Generation 911” would allow emergency call centers to receive text messages and use mobile photo or video for information about the situation in progress.

The FCC also wants to introduce automatic reports coming from medical devices, car electronics, security cameras and more.

The commission admitted that today’s 911 call centers are not well equipped technologically, with some even lacking access to broadband. It also said 911 texting would have been valuable during the shooting at the Virginia Tech campus in 2007.

“Students and witnesses desperately tried to send texts to 911 that dispatchers never received,” the FCC said. “If these messages had gone through, first responders may have arrived on the scene faster with first-hand intelligence.”

Genachowski, the FCC chairman, said he will launch a program in December to get public input on the changes to 911 services. To top of page

 

(Hat tip: CNN Money)
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Filed under: 911, cell phone, crime report | Tagged: , , , , , , , , , , , , , | Leave a Comment »

Back-to-School, Work, Gym Immuno- Preparedness. Part I

Posted on August 2, 2010 by Lina Maini

 (Editor’s Note: As a continued part of our Health and Emergency Management series, our Dallas expert Community Emergency Response Team (CERT) member and correspondent, Jean Davis, remits this very important and timely article on preparing for the  back-to-school and flu/pneumonia seasons.  We know it may appear a bit early but this next month will fly by.  As we go to publish, did you know there is a huge outbreak of the whooping-cough  in California?    Health officials say 2010 is shaping up to be a “peak” year for pertussis, aka whooping-cough. The highly contagious disease can be deadly in infants, the elderly and those with compromised immune systems.)

Back to School/Work/Gym Preparedness

by Jean Davis

It doesn’t seem like it, but summer is almost over, and for nearly everyone household that means getting ready for school. (Even sans school-aged children, there will still be school zones, school buses, traffic, and longer lines at the stores for those buying school supplies.) The wait times at doctors’  offices and clinics will also lengthen as the kiddie troops march in for their immunization shots .   Managing your life around this back-to-school rite of passage requires Project Management – so we’ll help you plan ahead!

Immunizations

For Children: Scheduled Vaccinations

Immunizations are a priority. Check with your child’s pediatrician or school (most have online requirement information readily available)  to determine if your child is on schedule with his/her vaccinations.  Getting immunized early can bring peace of mind in the future – especially if shortages begin to occur.

In the past several  years, a majority of back-to-school programs are also offering free vaccinations. This is usually done on a first-come/first served basis.  Plan accordingly.

For Flu and Pneumonia Prevention

Aside from the normal childhood immunizations, one should take advantage of the flu and pneumonia vaccinations as soon as they become  available.  These latter vaccinations are now easily (often free) and conveniently available at your local super market, Costco or Walmart.  One can walk in, acquire the vaccination and obtain receipts and proof-of-vaccination within 20 -3 0 minutes.

For the Elderly

Immunizations are provided by numerous agencies for the elderly, handicapped, and those with respiratory conditions. Check with AARP and your doctor or clinic.

At Work

Check with your employer as many workplaces offer “Get Vaccinated” days.

For the Athlete

If someone is involved in athletics, there may be other requirements – such as screening for steroid use, MRSA or CAMRSA.

CAMRSA Prevention

The spread of skin MRSA infections occurs most frequently through close, skin-to-skin contact (such as that found in contact sports), through contact with skin wounds (cuts, abrasions) and through contact with contaminated items, where staph can survive for 24 hours or more. The organisms can enter healthy, intact skin. Crowded living conditions and poor hygiene are factors which play a role in its spread. Currently, the only known means of prevention is through the following:

  • Prudent hygiene measures involving hand washing
  • Proper wound care, including proper disposal of bandages, and
  • Avoidance of sharing certain personal items such as towels and razors. Shared exercise equipment should be wiped down between users.

For more information on the various forms of MRSA, the risk factors involved and prevention advice, visit Centers for Disease Control.

CAMRSA has been identified most frequently among specific populations, including prisoners, athletes, children, men who have sex with men, military recruits, Pacific Islanders, Alaskan Natives and Native Americans. The articles seem to include those who have taken antibiotics within the last 6-9 months, have had any respiratory condition like pneumonia, or have had any recent invasive surgery procedures.

Poll Results for  7/26/2010:  WHAT IS YOUR FAMILY’S PLAN IN CASE  OF AN EMERGENCY?

12.5% – Totally taken care of

18.75% – Run next door to my cop/firefighter/EMT neighbor screaming for help

62.5% – Do what this article says

6% – Other

I am very glad to see this kind of response. It tells me either I made some sort of positive impression and hopefully,  many of you are getting prepared for emergencies. Thank you!  ~ Jean

BNI Operatives: Street smart; web savvy; emergency response trained!

As always, stay safe.

Filed under: Emergency Information, Health Information | Tagged: , , , , , , , , , , , , , | 1 Comment »

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