In today’s podcast, Richard L. Duquette discusses recovering an athlete's Loss of Enjoyment of Life.
In a prior episode “Calculating Pain and Suffering” Richard discussed how to Loss of enjoyment of life prove pain and suffering. One of the points in proving pain and suffering was the loss of enjoyment of life.
Money as Justice
Since money is often the only justice a victim receives from a careless driver, it’s important that we get as much money as possible. When the courthouse doors close, you want a solid verdict for compensation to make you whole and help you heal from an injury.
Hard Damages
Hard damages are economic damages. There is no legal standard to determine the amount of loss but in California the law says the amount must be reasonable.
What does reasonable mean and how can we help the jury see it your way? Remember, not all jurors are athletes or bicyclists.
Helping the Jury
Since most jurors are not athletes or bicyclists, you need to connect with them. You want to help them see your case as if they were an athlete or bicyclist.
Questions to Ask
How has the injury affected you at home, work or play? There is a delicate balance between lifestyle, work and what you do for fun. Ask relatives or friends how they see the injury has affected you. This can include your fitness level. After the injury you are not as fit because you’re unhappy and not motivated.
To hear more questions to ask and connecting with a jury regarding your Loss of Enjoyment of Life, download and listen to the entire episode.
If you are short on time, here are the highlights of Loss of Enjoyment of Life:
Lingering injuries (2:20)
Economic damages (3:02)
Connect with jury (3:35)
Your sense of adventure (5:41)
Make a list (7:35)
Struggles and triumphs (8:00)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses the medical exam set by the defense using a doctor of their choosing known as a Defense Medical Exam or DME
The Insurance Company Secret
To minimize their losses or the amount they have to pay, insurance companies will set a DME. This exam is not designed to help you receive the medical treatment you seek to get better.
Your Responsibility
First, be truthful and honest. This will help your doctor and lawyer with your case. Make sure your expert is able to show you are an accurate historian after the DME and a report from this has been created.
You want to show that your treatment was adequate with regard to the number of appointments. Also, you want to prove that the amount of the treatment was reasonably priced and the treatment was necessary for you to get better.
What The Defense Wants to Establish
The defense is looking for inconsistencies in your history that could impugn your credibility. They are also looking for ways to minimize damages or break the link between the bad driver and your damages.
To hear more about what to do during and after a Defense Medical Exam, download and listen to the entire episode.
If you are short on time, here are the highlights of Defense Medical Exam:
What is a DME? (2:15)
What your attorney does not want to defend (5:45)
What about old injuries? (6:20)
Waddell’s Test (8:25)
How to answer DME questions (13:20)
After the exam? (15:50)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette discusses his Conversation with Richard Duquette by Craig Zelent. Craig took some time to interview Richard and find out who he really is.
The Most Influential Person in Richard’s Life?
Thomas Woodhall, Richard’s grandfather was the most influential person in Richard’s life. He was a city bus driver in Detroit for over 20 years until his death from throat cancer.
His death caused Richard to think about the value of life and health. He began to train for and then competed in Ironman New Zealand and Hawaii. He dedicated his race in Hawaii to his grandfather and his life.
Richard’s grandfather treated everyone equally with respect. He did this even while driving a tough bus route in the City of Detroit during the ‘68 Detroit Riots. He was liked by his riders and received an award by the Mayor of Detroit for his great public service to that city.
Who is Richard’s Hero?
That’s an easy one to answer. Richard’s hero is his wife Kim of over 23 years. She’s a big supporter of what he does, helping people. She’s smart and cute too!
To hear more insights into who Richard is, download and listen to the entire episode, Conversation with Richard Duquette.
If you are short on time, here are the highlights of Conversation with Richard Duquette:
Who is Craig Zelent? (1:10)
Where does Richard volunteer? (4:30)
Richard’s proudest athletic accomplishments? (8:55)
What grassroots events does Richard like? (13:24)
Legal advice for bicyclist or triathlete? (14:44)
Contact Craig Zelent:
760-24-0055
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
How History Affects a Case
The history of marijuana legalization in important when dealing with jurors. Oftentimes they come from different cultural and ethnic backgrounds. Their perspective and perception will affect how your rights are viewed should you go in front of a jury.
Medicinal Use
Marijuana has been used medicinally for over 5000 years. To put that into perspective, acupuncture which is a well accepted healing art has only been around for 3000 years.
Before 1933, cannabis was considered a household remedy. To date, there are cultures that use cannabis in rubbing alcohol to use as an arthritis medicine.
A shaman or medicine man was quoted as saying that “Only white people are stupid enough to outlaw a plant.”
The Move to Illegalize
Public opinion turned against cannabis when William Randolph Hearst used
propaganda to promote hemp and marijuana prohibition in the early 1900’s.
Hearst was heavily invested in paper and his close friend DuPont was into plastics. These were direct competitors of the versatile hemp plant.
Heart’s movement took a household remedy and made it illegal in the United States for financial gain.
Prop 64
On November 8, 2016, Californians and Americans living in several other States will
be allowed to vote for the legalization of marijuana for “recreational use.” California and Washington have already taken this step.
To hear more about what Brief History of Marijuana Legalization, download and listen to the entire episode.
If you are short on time, here are the highlights of Brief History of Marijuana Legalization:
What does this mean for bicyclists? (2:10)
Who funded the move to illegalize? (5:40)
What is the medicinal marijuana safety act? (7:35)
Recognize the future (11:15)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette
In today’s podcast, Richard L. Duquette Bicycling and Drugged Drivers. Joining Richard is marijuana expert attorney Mark Bluemel from San Diego.
Richard’s Experience
Richard Duquette had handled many bicycling injury cases involving motorists driving drugged. This includes methamphetamine, opiates, benzodiazepine, alcohol, marijuana, prescription medications or the combinations thereof.
He has seen a lot of these cases and he feels it is important to focus on marijuana specifically.
Marijuana Legalization
In California, medicinal marijuana was legalized in 1996 through Prop 215. Since then there has a been a national movement towards full legalization. Colorado and Washington became the first two states to legalize marijuana for adult recreational use in 2012. California will vote to do the same in November 2016.
There is a trend for acceptability and legalization of marijuana. With the greater accessibility of marijuana, several issues are raised for bicyclists safety.
Increased Liability
When a motorist is impaired and is involved in an accident, there is greater liability for the driver. Because of the inflammatory nature of the case, there is greater value or recovery if you are hit, struck or fall victim to an impaired driver. These type of cases will include punitive damages on top of economic and noneconomic damages.
What is THC?
Unlike alcohol which is very simple, the prosecution of individuals under the influence of THC is very difficult to prosecute. There are three different THC molecules that are tested by prosecution labs.
The first is Delta-9 Tetrahydrocannabinol. It’s the main isomer and principal psychoactive constituent of marijuana.
To hear more about THC in marijuana and it’s effects, download and listen to the entire episode Bicycling and Drugged Drivers.
If you are short on time, here are the highlights of Bicycling and Drugged Drivers:
Medicinal marijuana (2:27)
What is impairment? (3:35)
Tale of 3 THC molecules (5:24)
How does the Delta-9 molecule affect motorists? (8:40)
What are the signs of an impaired driver? (14:25)
Who has the burden of proof? (16:05)
Connect with Richard L. Duquette at the following links:
Call Richard: 760-730-0500
Connect with Richard on Facebook
© 2016 Law Firm of Richard L. Duquette