April 16, 2025 • 32 mins
LET'S ASK THE ATTORNEYS SOME STUFF, SHALL WE? I love hearing about people's legal issues, maybe a throwback to when my dad would tell me about the cases he was working on, so today the fine attorneys from Bell and Pollock are in to take your legal questions. They join me at 2pm today.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
The Mandy Connell Show is sponsored by Bell and Pollock
accident and injury lawyers.
Speaker 2 (00:05):
No, it's Mandy Connell, Andy Conall.
Speaker 3 (00:10):
On Koa.
Speaker 1 (00:13):
Ninem saw got way you want to study care the
nicey prey Andy Connell keeping sad thing.
Speaker 2 (00:26):
Welcome, Welcome, Welcome to the third hour of the show.
And I said it right before the break. Something occurred
to me today as I looked at my calendar and
saw that Gary and Brad from Bell and Pollock were
going to be on the show for an hour of
Ask the Personal Injury Attorneys, And I thought to myself,
why am I so entertained by this segment. I enjoy
the heck out of it, and it reminds me of
when my dad. From the time I was very little,
(00:48):
my dad, who was also an attorney, would come home
and tell me about the cases he was working on.
Not the borning, mundane cases, right, just the interesting cases
that he was working on. So I thought we'd start
out this hour after I told people, if you have
a question for Gary or Brad from Bell and Pollock,
a personal injury question. Maybe you've been in an accident,
maybe you've been hurt by somebody else's negligence. Now's the
(01:10):
time to get some free advice. You can call us
at three oh three seven one three eighty five eighty five.
That's three oh three seven one three eighty five eighty five.
If you have a super simple question, you can text
it to five six six nine.
Speaker 4 (01:25):
Oh.
Speaker 2 (01:25):
You can do either of these things. I want to
ask you, guys, what are the what are the cases
that you have tried in your decades of doing this?
What are the cases that you still when you go
to a cocktail party, that's the story you're gonna tell.
Speaker 5 (01:40):
You've got that one Cary.
Speaker 6 (01:44):
There's a lot of them, and there's only so much
that you know, you can say about a case without
you know, compromising the security of the king. But yeah,
there's a there's a lot of them, big accident cases,
big trucking cases. I mean usually we experienced cases, manu,
where you match a truck eighteen we grow up against
(02:05):
the car. Saw them a good match. There's going to
be a disaster and they it's amazing how hard they fight,
and it's amazing. People don't realize that these trucking companies
have teams. So let's say there's there's just an accident
here on I seventy up in the mountains with a
big truck. They will have a team. And when I
meet a team, they have a human factors expert on site,
an engineer on site, an attorney on site. They fly
(02:28):
them in.
Speaker 2 (02:29):
They don't they don't wait well, so they get it.
Speaker 6 (02:33):
All done and they want to get the engineering done,
and they get the black boxes done. But I guess
the funny story would be, we did a trucking case
one time and the trucker was saying, he said, here's
my logs. And it was the old fashioned logs. They
weren't digital logs. They were written logs, and here's my logs.
And so Brad and I kept looking at the logs
and something wasn't right, and we had got it. We
had received his gas receipts, and they sometimes they stay
(02:56):
in motels, so we get the hotel receipts. I said, well,
into you on the night in question, you were at
a motel in Lexington, Kentucky. But your logs say you
were in Florida, Oh all at the same time, and
so you know that was and then went they went
south for the company from there. But that's kind of
a kind of fascinating chorice and that you'll be surprised
(03:18):
how many times that happens. The other thing is I
got to put in a word for the Colorado State
say patrol, they get on the scene, they want those logs.
You the driver, right, you don't want to give me
the logs, And they say, I'm going to get on
the I'm going to get on the horn and get
on the phone with your company. You don't know your passwords.
Suddenly I'll find out your passwords and they get it.
Those troopers get those logs. So they do a good
(03:39):
job well.
Speaker 2 (03:40):
And so have you guys ever had any just bizarro
world cases where people walked in and asked and you
just went, yeah, that's outside our scope, Like that's so nuts,
we can't even do that.
Speaker 6 (03:52):
Yeah, I mean we've had, I mean we've had we've
had cases where people have walked in and there's really
no there's no liability, nobody's falls and we're not going
to do the case. Right, But they say, they say
they're hurt, and and then there's you can't do any liability.
But then they get angry when you tell them there's
not a case and we told.
Speaker 4 (04:14):
You get the ones where they say they cause the
accident and they want to sue because they cause the accident.
Speaker 5 (04:20):
What Yeah, they got hurt in the accident and they
caused it.
Speaker 4 (04:23):
You get down to it, you say, well, it looks
like you took the ride away away from the other person,
and they go, yeah, I did.
Speaker 5 (04:30):
You go well, then you can't recover.
Speaker 6 (04:33):
And you kind of just admitted it to us. You
just admitted it to us.
Speaker 2 (04:37):
Yeah, that's not a question here, you know, I have
a question and then we're going to get some calls
here in just a moment. A friend of mine is
dealing with this situation, and I think with the rise
of social media, I don't know if you guys have
ever handled these cases where you have someone taking to
social media to defame a rival business for another company.
And these are not big money players, so we don't
(04:58):
have deep pockets. You're not Doe in the New York Times, right,
What recourse to normal people have from either reviews that
are libelists that are not accurate, not true? Is there
any recourses that part of the law changed or expanded
and if so, how Yeah, so.
Speaker 6 (05:15):
There is recourse. The tough part of that answer is
that usually that you have to file a loss. Usually
they don't care. Usually they're just going to go on
doing it. But sometimes it's worth a try. Sometimes when
attorneys write demand letters, let's say you are posting the
social media, you get demand letters to cease and desist
(05:36):
or we're going to file a lawsuit. Sometimes that works,
and that's very very cheap, easy to do, and this
solves solves the problem. But you're right, you're not suing
the New York Times, and there's not a lot of money.
But people just want to say or do anything or
act anyway and they just can't. So maybe a demand letter.
Speaker 4 (05:53):
Well, if your client's a company or a business, you
can sometimes coordinate it with the loss of business. They're
trying to show that okay, but once somebody put this
on Facebook, Caul, they put it on some kind of
social media demeaning you or degrading your company or making
bad statements, and they refuse to take it off, and
(06:13):
you can coordinate that with loss of business.
Speaker 5 (06:16):
You might be able to do something, but it's very difficult.
Speaker 4 (06:18):
It's very difficult because you can always start a campaign
to go back.
Speaker 5 (06:22):
At them to stop it.
Speaker 6 (06:24):
Well, the other thing is that when people live at
Google reviews, businesses get mad. But if it's the truth,
truth is a deficient of defamation. If it's the truth,
it is the truth, that it is what it is.
Speaker 2 (06:35):
Well that these are specifically. I have a friend who's
going through this now, and she said, she came to
me because you know, I'm a web I'm a web
doctor and also a web lawyer, So people come to
me for legal advice.
Speaker 7 (06:46):
All right.
Speaker 2 (06:46):
She actually called and said what kind of attorney would
I need for this? And I said, well, first of all,
if you're talking about suing someone if they have nothing,
you're talking about spending a lot of your own money.
You'll probably never get back, right, so probably never get
back it. Would that be a case that if you
could prove the damages and all of that nonsense, if
you were so in the New York Times, would that
be a personal injury? Obviously it's not an injury physically,
(07:08):
but it's an injury to your business.
Speaker 6 (07:11):
It's an injury to the harm and the harms to
the reputation. So yes, it is an injury. And that's
what you would you would have to do. I mean,
say we're the New York Times. You'd want to file
the law soon. It's an injury to your reputation, right
and too many people your reputation is worth more than anything.
Speaker 2 (07:27):
Is It hard to prove those kind of cases, very hard.
Speaker 1 (07:30):
You know.
Speaker 4 (07:31):
It can also relate into emotional distress too. And you know,
because I've had people come in that are very upset.
They're emotionally distraught over what's happened, and so much so
that they don't even care about their physical injuries. They
care more about just trying to get be able to
get a grip on what's happened.
Speaker 5 (07:50):
I call them.
Speaker 4 (07:50):
Nightmares and daymares because they are still living with it all. Yeah,
and a lot of times you got some to counseling
and you've got PTSD, and that can happen with somebody
putting a bad review about you or saying something bad
about you on social media. It can cause a lot
of emotional distress. If you can tie that in, if
you can show it, which means you got to talk
(08:12):
to spouse's, you've got to talk to friends, you've got
to talk to business associates. If you can tie all
that in, you may have something, especially if it was
the slanderous relibelist statement that was made against the version.
Speaker 2 (08:23):
I think that's an interesting thing that's happening now is
now people are more vicious online than they've ever been before,
and it's it's damaging to someone's reputation when you go
and lie about them on the internet, because it lives forever.
Speaker 5 (08:35):
It's like a license to lie.
Speaker 4 (08:38):
I mean, you know that the internet, social media has
turned into some of that is the license to attack
somebody with your words. And attacking somebody with your words
can be very, very interous to somebody.
Speaker 2 (08:50):
I agree, cause a lot of problem. Well, I asked it, okay,
if you've got a question that isn't slander or libel
related on Gosha, if I could see over all the
mean stuff that have been said about me on the internet,
rich right now, give us a call. Three three five
eighty five. Jes in Castle Rock has a question. You're
on with Ellen Pollock for ask the attorneys.
Speaker 3 (09:11):
Thank you. I have a multifaceinate issue that I'm trying
to resolve. I've got a financial institution that refuses to.
Speaker 8 (09:20):
Take my ex off the account even though she signed
a quit claim, and they will not allow the access.
Speaker 3 (09:29):
To many of the communications we've had with them. And
or the other offices unless I get a subpoena. So
where do I go?
Speaker 7 (09:37):
What do I do? Well?
Speaker 6 (09:39):
I got to tell you to begin with the start
off with. That is a typical divorce question, and it
happens all the time. A couple they buy a piece
of property by usually a house or condominium whatever. They
both go on title, and they both signed the promissory note,
and then they get a divorce and the the finance
company or the loan company will not and is and
(10:00):
they're not obligated to take either party off of the note.
Speaker 2 (10:04):
They got the note.
Speaker 6 (10:05):
That's their security and it makes a lot of people very,
very mad. The remedy was in divorce court or court
where the judge says, Okay, mister X, you're gonna pay
the mortgage, and missus X, you don't have to pay it.
So that's a court order and that's how you solve
the problem. But you don't and can't solve the problem
(10:26):
with the loan company. They're just not going to do it.
I've never seen it in my career. Maybe it did happen,
and even if you have a deed, they don't care
because that was the way they made the loan and
got their security to begin with.
Speaker 2 (10:38):
Is this a loan situation, Jess, No.
Speaker 3 (10:41):
It's not a loan. It's the investment account.
Speaker 8 (10:45):
Yeah, so's you wanted off the account. She signed a
quit claim in the financial investment company will not accept
what she did.
Speaker 3 (10:56):
They're putting the blame back on me. They said, I
need to take her to court. Well, you know we
had to. We didn't go to court and went her mediation.
She did this in mediation, and like I said.
Speaker 8 (11:09):
Now, I'm trying to say, hey, I've been telling you
this for quite some time, but they won't give me
the communication records without a subpoena.
Speaker 6 (11:19):
Okay, well I got another solution. I got another solution
for you. Look, if if she's cooperative, it sounds like
she might be signing the quick claim deed, close the
account together, close it, take take your money out, and
go better somewhere else.
Speaker 8 (11:35):
I was because of her dealings with the personal moneys.
I was in a lot of trouble with the irs,
and I am now permanently partially disabled because of the
assault she gave me.
Speaker 6 (11:49):
I'm sorry.
Speaker 4 (11:50):
What was the what was the mediation order? The mediation
agreement made in order of court. Did you take it
down to court and making an order of court?
Speaker 3 (11:59):
No, the attorneys agreed to go to mediation.
Speaker 2 (12:03):
All right, Jeff, I want to hear the rest of this,
but I've got to take a break. I'm very very late.
You're on McGarry, Brad. Hang on, Jeff, hold on, don't
go anywhere. We'll be right back. Let me rephrase what
Jeff's issue was. Jeff and his ex wife have an
investment account. His wife has signed a quick deed to
get off of the investment account. The brokerage, the financial
institution has said no, thank you, we're going to keep
(12:25):
her on this and he wants to know how to
get her off this situation and pick it up. Guys,
you got two.
Speaker 4 (12:30):
Minutes, Jeff. What I do is I go back to
the attorney that was with you helped you do this.
That attorney can contact the ex wife's attorney. The two
of them can file a stipulation with the court or
you got your divorce or your separation. The court can
enter an order directing and you want a specific order
(12:51):
that specifically goes the institution and they you don't really
need the ex wife at that point. The ex wife's
atturne he can do this if he's got authority and
proper authority to do it. But and I get an
order of court that you can take down to the
brokerage to show them. Here's an order of court take
her name off.
Speaker 8 (13:12):
Well, her attorney says, the statute of limitations has expired.
So nobody has any paperwork. The mediator has no paperwork.
Speaker 3 (13:21):
The problem is the.
Speaker 8 (13:22):
Financial institution did not act on this at the time
they should have, and I've been fighting them ever since.
Speaker 6 (13:29):
Well how long was this because your statuemationous makes no
sense to me.
Speaker 5 (13:33):
Out it doesn't expire on a divorce stuff, no, or.
Speaker 6 (13:37):
How long ago?
Speaker 8 (13:39):
Okay, it was fifteen years ago. And it wasn't a divorce,
it was a separation, right, So I was under Colorado law.
We had a common law marriage. But in its separate
divorce you separate assets and liabilities. Separation you separate only
the assets. Well, she did this because she knew she
(14:04):
took out alone against this account. So I've said before,
if you know a screenwriter or an offer, I got
a made for TV mini series here.
Speaker 4 (14:15):
Oh the plot just thickened a whole lot, and you've
got that. So so is she being cooperative now?
Speaker 2 (14:22):
Not at all, of course not. Does he need to
talk to a different attorney.
Speaker 6 (14:29):
Well, you're, you're, you're. Your only answer is is court.
Your only answer is court. You can't get it done
by agreement. You can't get it done by stipulation. That's
the only answer. And fifteen years.
Speaker 8 (14:39):
Ago, how do I get the people to get the
communication records from the financial institution.
Speaker 6 (14:46):
You're gonna You're gonna have to have court action pending. Yeah,
if you got a court action pinion, you can issue
subpoena then. And you can't just issue subpoena out of
the blue. You have to have a court action pending.
Speaker 2 (14:56):
You need, you need a new attorney. Start with that, Jeff,
And I wish I could give you more advice, but
I have to let you go because I got to
take another break. We went along in that last time.
Speaker 4 (15:04):
Yes, call our office and we'll try and give you
get a referral to you for an attorney.
Speaker 2 (15:08):
Three O three seven nine fifty nine one hundred will
be back, Jill, hang in there your next three O
three seven one three eighty five eighty five. I'd love
to hear if you have a weird legal question because
I love those. We'll do that next with Bell and Pollock.
We're playing Ask the Attorney. I've got some really good
questions on the text line. We're going to grab those next,
but Jill has been patiently waiting. Jill, you're on with
(15:29):
Gary and Brad from Bell and Pollock. What's your question?
Speaker 9 (15:33):
Hi, It's nice to talk with you. I think I'm
trying to determine if I actually have a kid. In
early February, I was running at the airport to catch
the skylight bus and my oh the sidewalk, and long
story short, I ended up with a head injury. I
(15:55):
tore my hamstring on one side and on the other side,
I have him and new trouble, and I'm I'm incurring
more expensive than I thought that I might and so
and I know that I'm going to need more diagnostics
and more physical therapy, and depending on what they find,
(16:20):
the I suppose future treatment is school that I'm known
at this point, So I don't know if there's if
this is just one of those things that's purely an accident,
or if there is any liability on their part.
Speaker 6 (16:33):
Well, one one more time, what caused you to follow
you were doing what exactly exactly I was.
Speaker 9 (16:39):
I was at the airport and I was in the
transit center. I was running to catch the sky ride
bus and dripped on a lip on the sidewalk, and
then that was the result.
Speaker 6 (16:52):
Okay, here's the deal to recover premises' liability. That's what
that's caused. Called there has to be a dangerous condition,
bottom line. And there's many vary variations of what dangerous
condition is. But if you have a lip in the sidewalk,
it depends on how big the lip is. I mean,
lips and sidewalks when they're built, they have a natural lip.
(17:13):
But I mean if I'm exaggerating right now, but if
it's a four inch lip and you slam into it
go flying, that's dangerous as can be. So I don't
know if you have a picture of it or not,
but the lip is the number one. The number two
is you're at the Denver Airport, right DIA. Okay, so
you're likely on governmental property. Brings up a whole other issue,
(17:35):
and we'll be glad to talk to you. Can't just
score it all in the air, but be glad to
talk to you off the air. But that brings in
the whole host of governmental immunity issues. They can be
solved sometimes sometimes they can't be And so you got
two major things to consider. You got the injuries, you
got the diagnostics. And I'm sorry it happened to you,
but good lawyers would drill down and will help you.
(17:56):
We won't charge you to do this. Well, but you've
got to drill on was it really truly a dangerous condition?
And is their governmental immunity.
Speaker 9 (18:05):
Sure it was a lit in the sidewalk that had
already been shaved down, and.
Speaker 4 (18:14):
Well, that proves knowledge of somebody that yeah, And just
because it's already been shaved down doesn't mean it was
shaved down to the proper measure measurements. It doesn't mean
it didn't create a dangerous condition. I mean, you know,
when you're at the airport, you expect people to be
normally in a hurry. They're not going to be watching
the sidewalk and a lot of times they're carrying luggage,
(18:34):
or they're trying to figure out where their flight is,
or they're trying to figure out where the gate is.
Speaker 5 (18:38):
And there's a lot of criteria, but you have a governmental.
Speaker 4 (18:44):
Immunity notice, so you have to give and that's got
to be done generally. It's actually one hundred and eighty
six days, but six months from the time that you fell,
and you you need to at least talk to a
lawyer to preserve that right. And you need to get
out there and get some photos of where you.
Speaker 5 (19:01):
Fell and what it looks like. You know, I know
if I were representing you, I'd.
Speaker 4 (19:07):
Be having a couple of experts go out to look
at it, because you know, there are people who are
experts at how these sidewalks, where the lips should be,
and how they should be shaved down, and what should
be done if they're done correctly.
Speaker 6 (19:21):
But you need to listen to what Brad just said.
You have one hundred and eighty one days under the statue.
I think you said you got injured in February. The
governmental community clock is ticking against you. You don't give
the proper notice within the first one hundred and eighty
one days, you're finished. I don't care what happened to you.
I don't care if it's dangerous. You're finished. So you
(19:42):
need to get to an attorney fast.
Speaker 9 (19:45):
Okay, all right, appreciate the input, All.
Speaker 2 (19:47):
Right, Jill, I got a lot of questions on the
blog today, and this one is kind of interesting. Not
the blog the text line at five six six nine. Oh,
that's the common spirit health text line question for Bell
and Pollock jens on a um U. I am that's
uninsured motorists claim I have a personal umbrella policy as well.
Can I get or can I see coverage and award
(20:08):
under the umbrella policy as well as the underlying auto coverage.
Thanks driving now, Mike in a Rapahoe County.
Speaker 5 (20:16):
Mike, we'd have to see the policy. That's just the
bottom line note.
Speaker 4 (20:20):
If we see the personal umbrella policy, if it includes
coverage for car crashes, if it includes coverage for um
yes it does. If it doesn't include it, it probably doesn't.
And what we need is actually the declaration page. We'd
like the policy and is a declaration page?
Speaker 2 (20:35):
Now, is it common for umbrella policies to exclude auto accidents?
Speaker 6 (20:40):
That's a great question.
Speaker 9 (20:41):
Man.
Speaker 6 (20:41):
Here's the mistake most people make. They buy the UIM
coverage a regular car policy, then they hey, I want
to get an umbrella policy, and they think we all
think umbrella that covers everything, right, But it doesn't cover
vehicles as bad you said it has to be specifically
endorsed to cover vehicles, and then it does.
Speaker 4 (21:00):
Okay, And normally you'd expect your your insurance agent help
get that in because when you're talking to them, you're saying,
I want protection in case I get hurt. Yes, so
you think you're getting an umbrella policy that's going to
cover that, and hopefully your agent put it in.
Speaker 2 (21:14):
Do you guys have an accident checklist that this person
can keep on their car or phone.
Speaker 1 (21:19):
We do.
Speaker 6 (21:19):
We've got a We've got a checklist. We've got a
booklest you can keep in your box. I've got one
on mine and keep on my insurance papers in there.
Certainly you call our office, we give you one free.
Speaker 2 (21:29):
This one. I fell at Target, resulting in a broken
hip and surgery. I have no proof of what made
me fall. I went to an attorney. The burden is
on me. I don't know what my foot caught on.
Am I just out of luck? Sedgwick says, no liability. Okay,
So I'll take this zone and then can pick it
and pick it up. But first of all, all these stores,
(21:52):
every one of them either hire Crawford and Company or
Sedgwick James. And if you look up the website on Sedgwick,
James and Crawford than they basically boast that they save
corporations across America millions billions of those are attorneys who
work for targets.
Speaker 6 (22:07):
Are not attorneys?
Speaker 2 (22:08):
What are they?
Speaker 6 (22:08):
They're a company that target hires King super hires. They
hire them to minimize the claims and get rid of
the people before they get more serious on their claims.
So they're technically adjusters. Okay, but there's a special way
to deal with them. But you, I don't know what
your attorney told you, But do you normally I mean,
(22:31):
this is a crazy question, but you people don't normally
go around following unless there's a reason to do se so,
and usually it's around the produce department. Where were you
located in the store and what happened? Because I don't
believe you have no case here.
Speaker 2 (22:45):
Well, this is just a text message, so I can't
ask the follow up question, but I would strongly recommend
she goes give you guys a call at three three
seven nine fifty nine hundred, so just to find out more.
I mean, that seems like one of those things. What
would be the process if she comes to to see
you what does Bell and Pollock do?
Speaker 5 (23:02):
First?
Speaker 6 (23:02):
Okay, well, we take when we interview her, we try
to figure out where in the store she fell. Her
the way she fell is critical. Did your feet go
out in front of you? Did you trip and go forward?
So usually when your feet go out in one way
or the other and you either land on your back,
your head, or your side, you slipped on produce or
you slipped on some slippery substance. And by the way,
(23:22):
they have video. And by the way, every time when
you ask the video, they'll tell you we're not going
to give.
Speaker 7 (23:29):
It to you.
Speaker 6 (23:31):
Every time you need a spoilation letter, you need a
spoilation letter, which means a letter written by lawyers will
be glad to do it for you to the store
that says, don't you spoil or demolish or destroy any evidence,
including the video, And they will admit to you that
have a video. And we write them letters and say
you've admitted had a video, but you won't give it
to us, so that forces us to sue your client
(23:53):
so you can get it, to get the video, and
they say, our policy is you don't get the video.
Speaker 4 (23:58):
And if Cedric was on it, that means the claim
was made. You got a pretty good chance that Sedgwick
had the video.
Speaker 5 (24:05):
They looked at it.
Speaker 4 (24:06):
Now, maybe they said it was so far back, depending
on how much time went by that the video.
Speaker 5 (24:10):
They ran back over the video.
Speaker 4 (24:11):
But Sedgwick normally is going to pull those videos and
look at them to determine what they think.
Speaker 5 (24:17):
But you know you want that video.
Speaker 4 (24:20):
It'd be very important, and it'd be important to go
back to where you fell and see if there's some
problem with the floor.
Speaker 5 (24:27):
There's some problem there.
Speaker 4 (24:28):
Also look around to see if there's anything close by
where you could have a foreign substance on the floor.
Speaker 6 (24:34):
We have a rule in our law firm, and you're
gonna love this rule, okay on the subject because occasionally
we have a company that will give you the video, okay,
like one two percent of the time. But when they
give you the video, the company likes what they see
and so here here you go take it. And when
(24:54):
they don't like what they see, I guess some of
you can't have that. You need to come see us
can't help you.
Speaker 2 (25:00):
Shocking shocking that sure they might be. Uh, here's the question.
I don't know the answer to this, So is our
lawsuit and they say winnings. But are they taxed? Do
you pay taxes on damages that you are awarded in
a lawsuit?
Speaker 5 (25:17):
Normally, No, they're not taxable.
Speaker 2 (25:20):
What would be the one area? What would be the
areas where they would be?
Speaker 4 (25:23):
You said, normally, if you're collecting money for lost wages
a lot of time, the amount for the lost income
is as taxable as income.
Speaker 5 (25:32):
As income.
Speaker 4 (25:34):
If you're collecting money for pain and suffering and for
lost quality of life and for scarring or disfigurement, normally
that's not taxable.
Speaker 2 (25:44):
Okay, Apparently our target lady has called in. Is this Debbie?
You said, Aaron, Yeah, yes, so Debbie, you fell in
the target and and you were basically so told sorry,
you don't have a case. Did you ask about video
of any type?
Speaker 7 (25:58):
We asked about video right away. This happened July twelfth,
two years ago, so almost a year and a half
ago and almost two years in July, and my attorney
asked for video right away. They never produced it. She
sent letters. They've denied every liability. But when I was
(26:19):
in the hospital, I went to the hospital right away
after the fall. My foot caught on something in the store.
But I think I was out of it. I never
I took didn't have a picture, I didn't have anything.
So she said, the burden of proof is on me,
and we cannot prove what I fell on. But I
(26:40):
just don't go around falling and breaking my hip. And
so she just said, you know the last letter that
they said they denied all liability. But when I was
in the hospital right away, Sedgwick kept calling me. They
called me about three times. I was in the hospital
two nights. They called me three or four times. I
(27:02):
don't know what they wanted, so I didn't talk to them.
I did ask my neighbor, who was an attorney, what
should I do, and he said, definitely, don't talk to them.
Go here when I went there, But they say the
burden of proof is on me, and then that's just it.
I have no proof except that I have medical records.
(27:24):
I did fall and break my hip. I don't know
what stopped my left foot.
Speaker 2 (27:29):
What is the what is the statute of limitations on
this debish?
Speaker 6 (27:33):
Two years? You got to move.
Speaker 5 (27:35):
There's no requirement for a note.
Speaker 2 (27:37):
Did you guys file any sort of suit against Target?
Did do you get that far? Did you just send
a demand letters?
Speaker 7 (27:43):
Yeah, no, because a lawsuit again which she said that
we would have to the burden of proof is on me.
We have no proof except the medical records and that
I did fall. I was with my grandson when I fell,
and he cannot he was six.
Speaker 2 (28:04):
Witness.
Speaker 6 (28:05):
Okay, but but there might have been some wonder's a
w But also you said you don't go around falling,
all right, so and some some people do. They have
a medical condition where they fall. You don't go around falling.
You might have the proof already you tripped, and there's
a there's got to be a video.
Speaker 4 (28:20):
When when they asked, when they said they had a video,
did your lawyer ask for it and get a copy
of it.
Speaker 7 (28:25):
They didn't say they had a video. We asked for
the video. They just never They've always ignored everything, every
letter until recently. And they just said they have no liability.
And I said, why did they even ask for the
exhibits of the medical records. Why did they call me initially,
(28:45):
you know, to find out And when we first asked
for the incident report, the target made we got got
it in print on a letter. The very first line
was in that report said that they asked me what
made me fall and I said I was dizzy. I
(29:06):
never said that ever. I called target back and I said,
I did not say I was dizzy. The paramedics came.
They asked me too, why I fell. I said, I
my foot. My left foot caught something on the floor.
I don't know what it was. When I got to
the hospital, they also asked me why I fell. How
(29:28):
I fell? I said, I don't know. I wasn't diusy.
My left foot caught something on the left on my
left foot on the floor.
Speaker 3 (29:37):
I don't know what it was.
Speaker 2 (29:39):
It sounds like this is a perfect I mean, Debbie,
you may want to talk to these guys in the office,
but you need to do it like now. I mean now,
because your time is running out. It sounds to me
like well, Cedric finally responded, just to throw a little
bone so the statute of limitations can run out.
Speaker 6 (29:54):
Their their job is to discourage you. Their job is
to delay you. Their job is to pay you little
or nothing, and their job is to make the statute
of limitation run out.
Speaker 4 (30:03):
Well, your lawyer is right that you you have the
burden to proof. Yes, you have to show that there
was a dangerous condition, but you know. Once again, as
Gary said, people just don't go following in the store.
I mean, your foot caught on something. The question is
what did it catch on? Who took the reports? Who
who checked on you? I mean somebody had to come
(30:23):
to you when you fell, and there had to be identification.
There should be reports and videos, And that's one place
where I question the investigation because I'm shocked that somebody
didn't require those to see them.
Speaker 6 (30:38):
I do not think that manager. That manager's under a
duty and obligation to make an incident report. Don't think
they didn't, but they're not going to show you all
of it.
Speaker 9 (30:48):
They did.
Speaker 8 (30:49):
I read it.
Speaker 7 (30:50):
It was wrong.
Speaker 6 (30:52):
Well that's even worse.
Speaker 7 (30:53):
And so that's you know, And that's what I said
right away. I was still recovering. I read the incident
report and I called target and I said, that's a lie.
I was never dizzy, And the attorney said, if you
would have been dizzy, the paramedics would have treated you differently.
They carried me to the car and told me to
(31:14):
go to the emergency room for X rays.
Speaker 2 (31:17):
Okay, we're out. We're out of time, unfortunately, but now
I want to know how this resolves. So I'd love
for you to follow up with these guys offline at
their office at Bell and Pollock. You can go to
Champions of the People dot com for more information and
a free legal game plan called three O three seven
nine five fifty nine hundred. I'm so sorry I have
to cut you off, but you need to talk to somebody,
(31:38):
and you need to do it like immediately.
Speaker 8 (31:40):
Yeah.
Speaker 7 (31:41):
Well, I have been and I just haven't gotten any results.
Right that Sedgewick denies everything, all right, So Kim, is
there a way I can I can just call and
look up that number for Bell and Polo three three.
Speaker 2 (31:54):
Three oh three seven nine five fifty nine hundred. All right,
thank you, Thank you you guys, thank you so much
for coming in
The Mandy Connell Show is sponsored by Bell and Pollock
accident and injury lawyers.
Speaker 2 (00:05):
No, it's Mandy Connell, Andy Conall.
Speaker 3 (00:10):
On Koa.
Speaker 1 (00:13):
Ninem saw got way you want to study care the
nicey prey Andy Connell keeping sad thing.
Speaker 2 (00:26):
Welcome, Welcome, Welcome to the third hour of the show.
And I said it right before the break. Something occurred
to me today as I looked at my calendar and
saw that Gary and Brad from Bell and Pollock were
going to be on the show for an hour of
Ask the Personal Injury Attorneys, And I thought to myself,
why am I so entertained by this segment. I enjoy
the heck out of it, and it reminds me of
when my dad. From the time I was very little,
(00:48):
my dad, who was also an attorney, would come home
and tell me about the cases he was working on.
Not the borning, mundane cases, right, just the interesting cases
that he was working on. So I thought we'd start
out this hour after I told people, if you have
a question for Gary or Brad from Bell and Pollock,
a personal injury question. Maybe you've been in an accident,
maybe you've been hurt by somebody else's negligence. Now's the
(01:10):
time to get some free advice. You can call us
at three oh three seven one three eighty five eighty five.
That's three oh three seven one three eighty five eighty five.
If you have a super simple question, you can text
it to five six six nine.
Speaker 4 (01:25):
Oh.
Speaker 2 (01:25):
You can do either of these things. I want to
ask you, guys, what are the what are the cases
that you have tried in your decades of doing this?
What are the cases that you still when you go
to a cocktail party, that's the story you're gonna tell.
Speaker 5 (01:40):
You've got that one Cary.
Speaker 6 (01:44):
There's a lot of them, and there's only so much
that you know, you can say about a case without
you know, compromising the security of the king. But yeah,
there's a there's a lot of them, big accident cases,
big trucking cases. I mean usually we experienced cases, manu,
where you match a truck eighteen we grow up against
(02:05):
the car. Saw them a good match. There's going to
be a disaster and they it's amazing how hard they fight,
and it's amazing. People don't realize that these trucking companies
have teams. So let's say there's there's just an accident
here on I seventy up in the mountains with a
big truck. They will have a team. And when I
meet a team, they have a human factors expert on site,
an engineer on site, an attorney on site. They fly
(02:28):
them in.
Speaker 2 (02:29):
They don't they don't wait well, so they get it.
Speaker 6 (02:33):
All done and they want to get the engineering done,
and they get the black boxes done. But I guess
the funny story would be, we did a trucking case
one time and the trucker was saying, he said, here's
my logs. And it was the old fashioned logs. They
weren't digital logs. They were written logs, and here's my logs.
And so Brad and I kept looking at the logs
and something wasn't right, and we had got it. We
had received his gas receipts, and they sometimes they stay
(02:56):
in motels, so we get the hotel receipts. I said, well,
into you on the night in question, you were at
a motel in Lexington, Kentucky. But your logs say you
were in Florida, Oh all at the same time, and
so you know that was and then went they went
south for the company from there. But that's kind of
a kind of fascinating chorice and that you'll be surprised
(03:18):
how many times that happens. The other thing is I
got to put in a word for the Colorado State
say patrol, they get on the scene, they want those logs.
You the driver, right, you don't want to give me
the logs, And they say, I'm going to get on
the I'm going to get on the horn and get
on the phone with your company. You don't know your passwords.
Suddenly I'll find out your passwords and they get it.
Those troopers get those logs. So they do a good
(03:39):
job well.
Speaker 2 (03:40):
And so have you guys ever had any just bizarro
world cases where people walked in and asked and you
just went, yeah, that's outside our scope, Like that's so nuts,
we can't even do that.
Speaker 6 (03:52):
Yeah, I mean we've had, I mean we've had we've
had cases where people have walked in and there's really
no there's no liability, nobody's falls and we're not going
to do the case. Right, But they say, they say
they're hurt, and and then there's you can't do any liability.
But then they get angry when you tell them there's
not a case and we told.
Speaker 4 (04:14):
You get the ones where they say they cause the
accident and they want to sue because they cause the accident.
Speaker 5 (04:20):
What Yeah, they got hurt in the accident and they
caused it.
Speaker 4 (04:23):
You get down to it, you say, well, it looks
like you took the ride away away from the other person,
and they go, yeah, I did.
Speaker 5 (04:30):
You go well, then you can't recover.
Speaker 6 (04:33):
And you kind of just admitted it to us. You
just admitted it to us.
Speaker 2 (04:37):
Yeah, that's not a question here, you know, I have
a question and then we're going to get some calls
here in just a moment. A friend of mine is
dealing with this situation, and I think with the rise
of social media, I don't know if you guys have
ever handled these cases where you have someone taking to
social media to defame a rival business for another company.
And these are not big money players, so we don't
(04:58):
have deep pockets. You're not Doe in the New York Times, right,
What recourse to normal people have from either reviews that
are libelists that are not accurate, not true? Is there
any recourses that part of the law changed or expanded
and if so, how Yeah, so.
Speaker 6 (05:15):
There is recourse. The tough part of that answer is
that usually that you have to file a loss. Usually
they don't care. Usually they're just going to go on
doing it. But sometimes it's worth a try. Sometimes when
attorneys write demand letters, let's say you are posting the
social media, you get demand letters to cease and desist
(05:36):
or we're going to file a lawsuit. Sometimes that works,
and that's very very cheap, easy to do, and this
solves solves the problem. But you're right, you're not suing
the New York Times, and there's not a lot of money.
But people just want to say or do anything or
act anyway and they just can't. So maybe a demand letter.
Speaker 4 (05:53):
Well, if your client's a company or a business, you
can sometimes coordinate it with the loss of business. They're
trying to show that okay, but once somebody put this
on Facebook, Caul, they put it on some kind of
social media demeaning you or degrading your company or making
bad statements, and they refuse to take it off, and
(06:13):
you can coordinate that with loss of business.
Speaker 5 (06:16):
You might be able to do something, but it's very difficult.
Speaker 4 (06:18):
It's very difficult because you can always start a campaign
to go back.
Speaker 5 (06:22):
At them to stop it.
Speaker 6 (06:24):
Well, the other thing is that when people live at
Google reviews, businesses get mad. But if it's the truth,
truth is a deficient of defamation. If it's the truth,
it is the truth, that it is what it is.
Speaker 2 (06:35):
Well that these are specifically. I have a friend who's
going through this now, and she said, she came to
me because you know, I'm a web I'm a web
doctor and also a web lawyer, So people come to
me for legal advice.
Speaker 7 (06:46):
All right.
Speaker 2 (06:46):
She actually called and said what kind of attorney would
I need for this? And I said, well, first of all,
if you're talking about suing someone if they have nothing,
you're talking about spending a lot of your own money.
You'll probably never get back, right, so probably never get
back it. Would that be a case that if you
could prove the damages and all of that nonsense, if
you were so in the New York Times, would that
be a personal injury? Obviously it's not an injury physically,
(07:08):
but it's an injury to your business.
Speaker 6 (07:11):
It's an injury to the harm and the harms to
the reputation. So yes, it is an injury. And that's
what you would you would have to do. I mean,
say we're the New York Times. You'd want to file
the law soon. It's an injury to your reputation, right
and too many people your reputation is worth more than anything.
Speaker 2 (07:27):
Is It hard to prove those kind of cases, very hard.
Speaker 1 (07:30):
You know.
Speaker 4 (07:31):
It can also relate into emotional distress too. And you know,
because I've had people come in that are very upset.
They're emotionally distraught over what's happened, and so much so
that they don't even care about their physical injuries. They
care more about just trying to get be able to
get a grip on what's happened.
Speaker 5 (07:50):
I call them.
Speaker 4 (07:50):
Nightmares and daymares because they are still living with it all. Yeah,
and a lot of times you got some to counseling
and you've got PTSD, and that can happen with somebody
putting a bad review about you or saying something bad
about you on social media. It can cause a lot
of emotional distress. If you can tie that in, if
you can show it, which means you got to talk
(08:12):
to spouse's, you've got to talk to friends, you've got
to talk to business associates. If you can tie all
that in, you may have something, especially if it was
the slanderous relibelist statement that was made against the version.
Speaker 2 (08:23):
I think that's an interesting thing that's happening now is
now people are more vicious online than they've ever been before,
and it's it's damaging to someone's reputation when you go
and lie about them on the internet, because it lives forever.
Speaker 5 (08:35):
It's like a license to lie.
Speaker 4 (08:38):
I mean, you know that the internet, social media has
turned into some of that is the license to attack
somebody with your words. And attacking somebody with your words
can be very, very interous to somebody.
Speaker 2 (08:50):
I agree, cause a lot of problem. Well, I asked it, okay,
if you've got a question that isn't slander or libel
related on Gosha, if I could see over all the
mean stuff that have been said about me on the internet,
rich right now, give us a call. Three three five
eighty five. Jes in Castle Rock has a question. You're
on with Ellen Pollock for ask the attorneys.
Speaker 3 (09:11):
Thank you. I have a multifaceinate issue that I'm trying
to resolve. I've got a financial institution that refuses to.
Speaker 8 (09:20):
Take my ex off the account even though she signed
a quit claim, and they will not allow the access.
Speaker 3 (09:29):
To many of the communications we've had with them. And
or the other offices unless I get a subpoena. So
where do I go?
Speaker 7 (09:37):
What do I do? Well?
Speaker 6 (09:39):
I got to tell you to begin with the start
off with. That is a typical divorce question, and it
happens all the time. A couple they buy a piece
of property by usually a house or condominium whatever. They
both go on title, and they both signed the promissory note,
and then they get a divorce and the the finance
company or the loan company will not and is and
(10:00):
they're not obligated to take either party off of the note.
Speaker 2 (10:04):
They got the note.
Speaker 6 (10:05):
That's their security and it makes a lot of people very,
very mad. The remedy was in divorce court or court
where the judge says, Okay, mister X, you're gonna pay
the mortgage, and missus X, you don't have to pay it.
So that's a court order and that's how you solve
the problem. But you don't and can't solve the problem
(10:26):
with the loan company. They're just not going to do it.
I've never seen it in my career. Maybe it did happen,
and even if you have a deed, they don't care
because that was the way they made the loan and
got their security to begin with.
Speaker 2 (10:38):
Is this a loan situation, Jess, No.
Speaker 3 (10:41):
It's not a loan. It's the investment account.
Speaker 8 (10:45):
Yeah, so's you wanted off the account. She signed a
quit claim in the financial investment company will not accept
what she did.
Speaker 3 (10:56):
They're putting the blame back on me. They said, I
need to take her to court. Well, you know we
had to. We didn't go to court and went her mediation.
She did this in mediation, and like I said.
Speaker 8 (11:09):
Now, I'm trying to say, hey, I've been telling you
this for quite some time, but they won't give me
the communication records without a subpoena.
Speaker 6 (11:19):
Okay, well I got another solution. I got another solution
for you. Look, if if she's cooperative, it sounds like
she might be signing the quick claim deed, close the
account together, close it, take take your money out, and
go better somewhere else.
Speaker 8 (11:35):
I was because of her dealings with the personal moneys.
I was in a lot of trouble with the irs,
and I am now permanently partially disabled because of the
assault she gave me.
Speaker 6 (11:49):
I'm sorry.
Speaker 4 (11:50):
What was the what was the mediation order? The mediation
agreement made in order of court. Did you take it
down to court and making an order of court?
Speaker 3 (11:59):
No, the attorneys agreed to go to mediation.
Speaker 2 (12:03):
All right, Jeff, I want to hear the rest of this,
but I've got to take a break. I'm very very late.
You're on McGarry, Brad. Hang on, Jeff, hold on, don't
go anywhere. We'll be right back. Let me rephrase what
Jeff's issue was. Jeff and his ex wife have an
investment account. His wife has signed a quick deed to
get off of the investment account. The brokerage, the financial
institution has said no, thank you, we're going to keep
(12:25):
her on this and he wants to know how to
get her off this situation and pick it up. Guys,
you got two.
Speaker 4 (12:30):
Minutes, Jeff. What I do is I go back to
the attorney that was with you helped you do this.
That attorney can contact the ex wife's attorney. The two
of them can file a stipulation with the court or
you got your divorce or your separation. The court can
enter an order directing and you want a specific order
(12:51):
that specifically goes the institution and they you don't really
need the ex wife at that point. The ex wife's
atturne he can do this if he's got authority and
proper authority to do it. But and I get an
order of court that you can take down to the
brokerage to show them. Here's an order of court take
her name off.
Speaker 8 (13:12):
Well, her attorney says, the statute of limitations has expired.
So nobody has any paperwork. The mediator has no paperwork.
Speaker 3 (13:21):
The problem is the.
Speaker 8 (13:22):
Financial institution did not act on this at the time
they should have, and I've been fighting them ever since.
Speaker 6 (13:29):
Well how long was this because your statuemationous makes no
sense to me.
Speaker 5 (13:33):
Out it doesn't expire on a divorce stuff, no, or.
Speaker 6 (13:37):
How long ago?
Speaker 8 (13:39):
Okay, it was fifteen years ago. And it wasn't a divorce,
it was a separation, right, So I was under Colorado law.
We had a common law marriage. But in its separate
divorce you separate assets and liabilities. Separation you separate only
the assets. Well, she did this because she knew she
(14:04):
took out alone against this account. So I've said before,
if you know a screenwriter or an offer, I got
a made for TV mini series here.
Speaker 4 (14:15):
Oh the plot just thickened a whole lot, and you've
got that. So so is she being cooperative now?
Speaker 2 (14:22):
Not at all, of course not. Does he need to
talk to a different attorney.
Speaker 6 (14:29):
Well, you're, you're, you're. Your only answer is is court.
Your only answer is court. You can't get it done
by agreement. You can't get it done by stipulation. That's
the only answer. And fifteen years.
Speaker 8 (14:39):
Ago, how do I get the people to get the
communication records from the financial institution.
Speaker 6 (14:46):
You're gonna You're gonna have to have court action pending. Yeah,
if you got a court action pinion, you can issue
subpoena then. And you can't just issue subpoena out of
the blue. You have to have a court action pending.
Speaker 2 (14:56):
You need, you need a new attorney. Start with that, Jeff,
And I wish I could give you more advice, but
I have to let you go because I got to
take another break. We went along in that last time.
Speaker 4 (15:04):
Yes, call our office and we'll try and give you
get a referral to you for an attorney.
Speaker 2 (15:08):
Three O three seven nine fifty nine one hundred will
be back, Jill, hang in there your next three O
three seven one three eighty five eighty five. I'd love
to hear if you have a weird legal question because
I love those. We'll do that next with Bell and Pollock.
We're playing Ask the Attorney. I've got some really good
questions on the text line. We're going to grab those next,
but Jill has been patiently waiting. Jill, you're on with
(15:29):
Gary and Brad from Bell and Pollock. What's your question?
Speaker 9 (15:33):
Hi, It's nice to talk with you. I think I'm
trying to determine if I actually have a kid. In
early February, I was running at the airport to catch
the skylight bus and my oh the sidewalk, and long
story short, I ended up with a head injury. I
(15:55):
tore my hamstring on one side and on the other side,
I have him and new trouble, and I'm I'm incurring
more expensive than I thought that I might and so
and I know that I'm going to need more diagnostics
and more physical therapy, and depending on what they find,
(16:20):
the I suppose future treatment is school that I'm known
at this point, So I don't know if there's if
this is just one of those things that's purely an accident,
or if there is any liability on their part.
Speaker 6 (16:33):
Well, one one more time, what caused you to follow
you were doing what exactly exactly I was.
Speaker 9 (16:39):
I was at the airport and I was in the
transit center. I was running to catch the sky ride
bus and dripped on a lip on the sidewalk, and
then that was the result.
Speaker 6 (16:52):
Okay, here's the deal to recover premises' liability. That's what
that's caused. Called there has to be a dangerous condition,
bottom line. And there's many vary variations of what dangerous
condition is. But if you have a lip in the sidewalk,
it depends on how big the lip is. I mean,
lips and sidewalks when they're built, they have a natural lip.
(17:13):
But I mean if I'm exaggerating right now, but if
it's a four inch lip and you slam into it
go flying, that's dangerous as can be. So I don't
know if you have a picture of it or not,
but the lip is the number one. The number two
is you're at the Denver Airport, right DIA. Okay, so
you're likely on governmental property. Brings up a whole other issue,
(17:35):
and we'll be glad to talk to you. Can't just
score it all in the air, but be glad to
talk to you off the air. But that brings in
the whole host of governmental immunity issues. They can be
solved sometimes sometimes they can't be And so you got
two major things to consider. You got the injuries, you
got the diagnostics. And I'm sorry it happened to you,
but good lawyers would drill down and will help you.
(17:56):
We won't charge you to do this. Well, but you've
got to drill on was it really truly a dangerous condition?
And is their governmental immunity.
Speaker 9 (18:05):
Sure it was a lit in the sidewalk that had
already been shaved down, and.
Speaker 4 (18:14):
Well, that proves knowledge of somebody that yeah, And just
because it's already been shaved down doesn't mean it was
shaved down to the proper measure measurements. It doesn't mean
it didn't create a dangerous condition. I mean, you know,
when you're at the airport, you expect people to be
normally in a hurry. They're not going to be watching
the sidewalk and a lot of times they're carrying luggage,
(18:34):
or they're trying to figure out where their flight is,
or they're trying to figure out where the gate is.
Speaker 5 (18:38):
And there's a lot of criteria, but you have a governmental.
Speaker 4 (18:44):
Immunity notice, so you have to give and that's got
to be done generally. It's actually one hundred and eighty
six days, but six months from the time that you fell,
and you you need to at least talk to a
lawyer to preserve that right. And you need to get
out there and get some photos of where you.
Speaker 5 (19:01):
Fell and what it looks like. You know, I know
if I were representing you, I'd.
Speaker 4 (19:07):
Be having a couple of experts go out to look
at it, because you know, there are people who are
experts at how these sidewalks, where the lips should be,
and how they should be shaved down, and what should
be done if they're done correctly.
Speaker 6 (19:21):
But you need to listen to what Brad just said.
You have one hundred and eighty one days under the statue.
I think you said you got injured in February. The
governmental community clock is ticking against you. You don't give
the proper notice within the first one hundred and eighty
one days, you're finished. I don't care what happened to you.
I don't care if it's dangerous. You're finished. So you
(19:42):
need to get to an attorney fast.
Speaker 9 (19:45):
Okay, all right, appreciate the input, All.
Speaker 2 (19:47):
Right, Jill, I got a lot of questions on the
blog today, and this one is kind of interesting. Not
the blog the text line at five six six nine. Oh,
that's the common spirit health text line question for Bell
and Pollock jens on a um U. I am that's
uninsured motorists claim I have a personal umbrella policy as well.
Can I get or can I see coverage and award
(20:08):
under the umbrella policy as well as the underlying auto coverage.
Thanks driving now, Mike in a Rapahoe County.
Speaker 5 (20:16):
Mike, we'd have to see the policy. That's just the
bottom line note.
Speaker 4 (20:20):
If we see the personal umbrella policy, if it includes
coverage for car crashes, if it includes coverage for um
yes it does. If it doesn't include it, it probably doesn't.
And what we need is actually the declaration page. We'd
like the policy and is a declaration page?
Speaker 2 (20:35):
Now, is it common for umbrella policies to exclude auto accidents?
Speaker 6 (20:40):
That's a great question.
Speaker 9 (20:41):
Man.
Speaker 6 (20:41):
Here's the mistake most people make. They buy the UIM
coverage a regular car policy, then they hey, I want
to get an umbrella policy, and they think we all
think umbrella that covers everything, right, But it doesn't cover
vehicles as bad you said it has to be specifically
endorsed to cover vehicles, and then it does.
Speaker 4 (21:00):
Okay, And normally you'd expect your your insurance agent help
get that in because when you're talking to them, you're saying,
I want protection in case I get hurt. Yes, so
you think you're getting an umbrella policy that's going to
cover that, and hopefully your agent put it in.
Speaker 2 (21:14):
Do you guys have an accident checklist that this person
can keep on their car or phone.
Speaker 1 (21:19):
We do.
Speaker 6 (21:19):
We've got a We've got a checklist. We've got a
booklest you can keep in your box. I've got one
on mine and keep on my insurance papers in there.
Certainly you call our office, we give you one free.
Speaker 2 (21:29):
This one. I fell at Target, resulting in a broken
hip and surgery. I have no proof of what made
me fall. I went to an attorney. The burden is
on me. I don't know what my foot caught on.
Am I just out of luck? Sedgwick says, no liability. Okay,
So I'll take this zone and then can pick it
and pick it up. But first of all, all these stores,
(21:52):
every one of them either hire Crawford and Company or
Sedgwick James. And if you look up the website on Sedgwick,
James and Crawford than they basically boast that they save
corporations across America millions billions of those are attorneys who
work for targets.
Speaker 6 (22:07):
Are not attorneys?
Speaker 2 (22:08):
What are they?
Speaker 6 (22:08):
They're a company that target hires King super hires. They
hire them to minimize the claims and get rid of
the people before they get more serious on their claims.
So they're technically adjusters. Okay, but there's a special way
to deal with them. But you, I don't know what
your attorney told you, But do you normally I mean,
(22:31):
this is a crazy question, but you people don't normally
go around following unless there's a reason to do se so,
and usually it's around the produce department. Where were you
located in the store and what happened? Because I don't
believe you have no case here.
Speaker 2 (22:45):
Well, this is just a text message, so I can't
ask the follow up question, but I would strongly recommend
she goes give you guys a call at three three
seven nine fifty nine hundred, so just to find out more.
I mean, that seems like one of those things. What
would be the process if she comes to to see
you what does Bell and Pollock do?
Speaker 5 (23:02):
First?
Speaker 6 (23:02):
Okay, well, we take when we interview her, we try
to figure out where in the store she fell. Her
the way she fell is critical. Did your feet go
out in front of you? Did you trip and go forward?
So usually when your feet go out in one way
or the other and you either land on your back,
your head, or your side, you slipped on produce or
you slipped on some slippery substance. And by the way,
(23:22):
they have video. And by the way, every time when
you ask the video, they'll tell you we're not going
to give.
Speaker 7 (23:29):
It to you.
Speaker 6 (23:31):
Every time you need a spoilation letter, you need a
spoilation letter, which means a letter written by lawyers will
be glad to do it for you to the store
that says, don't you spoil or demolish or destroy any evidence,
including the video, And they will admit to you that
have a video. And we write them letters and say
you've admitted had a video, but you won't give it
to us, so that forces us to sue your client
(23:53):
so you can get it, to get the video, and
they say, our policy is you don't get the video.
Speaker 4 (23:58):
And if Cedric was on it, that means the claim
was made. You got a pretty good chance that Sedgwick
had the video.
Speaker 5 (24:05):
They looked at it.
Speaker 4 (24:06):
Now, maybe they said it was so far back, depending
on how much time went by that the video.
Speaker 5 (24:10):
They ran back over the video.
Speaker 4 (24:11):
But Sedgwick normally is going to pull those videos and
look at them to determine what they think.
Speaker 5 (24:17):
But you know you want that video.
Speaker 4 (24:20):
It'd be very important, and it'd be important to go
back to where you fell and see if there's some
problem with the floor.
Speaker 5 (24:27):
There's some problem there.
Speaker 4 (24:28):
Also look around to see if there's anything close by
where you could have a foreign substance on the floor.
Speaker 6 (24:34):
We have a rule in our law firm, and you're
gonna love this rule, okay on the subject because occasionally
we have a company that will give you the video, okay,
like one two percent of the time. But when they
give you the video, the company likes what they see
and so here here you go take it. And when
(24:54):
they don't like what they see, I guess some of
you can't have that. You need to come see us
can't help you.
Speaker 2 (25:00):
Shocking shocking that sure they might be. Uh, here's the question.
I don't know the answer to this, So is our
lawsuit and they say winnings. But are they taxed? Do
you pay taxes on damages that you are awarded in
a lawsuit?
Speaker 5 (25:17):
Normally, No, they're not taxable.
Speaker 2 (25:20):
What would be the one area? What would be the
areas where they would be?
Speaker 4 (25:23):
You said, normally, if you're collecting money for lost wages
a lot of time, the amount for the lost income
is as taxable as income.
Speaker 5 (25:32):
As income.
Speaker 4 (25:34):
If you're collecting money for pain and suffering and for
lost quality of life and for scarring or disfigurement, normally
that's not taxable.
Speaker 2 (25:44):
Okay, Apparently our target lady has called in. Is this Debbie?
You said, Aaron, Yeah, yes, so Debbie, you fell in
the target and and you were basically so told sorry,
you don't have a case. Did you ask about video
of any type?
Speaker 7 (25:58):
We asked about video right away. This happened July twelfth,
two years ago, so almost a year and a half
ago and almost two years in July, and my attorney
asked for video right away. They never produced it. She
sent letters. They've denied every liability. But when I was
(26:19):
in the hospital, I went to the hospital right away
after the fall. My foot caught on something in the store.
But I think I was out of it. I never
I took didn't have a picture, I didn't have anything.
So she said, the burden of proof is on me,
and we cannot prove what I fell on. But I
(26:40):
just don't go around falling and breaking my hip. And
so she just said, you know the last letter that
they said they denied all liability. But when I was
in the hospital right away, Sedgwick kept calling me. They
called me about three times. I was in the hospital
two nights. They called me three or four times. I
(27:02):
don't know what they wanted, so I didn't talk to them.
I did ask my neighbor, who was an attorney, what
should I do, and he said, definitely, don't talk to them.
Go here when I went there, But they say the
burden of proof is on me, and then that's just it.
I have no proof except that I have medical records.
(27:24):
I did fall and break my hip. I don't know
what stopped my left foot.
Speaker 2 (27:29):
What is the what is the statute of limitations on
this debish?
Speaker 6 (27:33):
Two years? You got to move.
Speaker 5 (27:35):
There's no requirement for a note.
Speaker 2 (27:37):
Did you guys file any sort of suit against Target?
Did do you get that far? Did you just send
a demand letters?
Speaker 7 (27:43):
Yeah, no, because a lawsuit again which she said that
we would have to the burden of proof is on me.
We have no proof except the medical records and that
I did fall. I was with my grandson when I fell,
and he cannot he was six.
Speaker 2 (28:04):
Witness.
Speaker 6 (28:05):
Okay, but but there might have been some wonder's a
w But also you said you don't go around falling,
all right, so and some some people do. They have
a medical condition where they fall. You don't go around falling.
You might have the proof already you tripped, and there's
a there's got to be a video.
Speaker 4 (28:20):
When when they asked, when they said they had a video,
did your lawyer ask for it and get a copy
of it.
Speaker 7 (28:25):
They didn't say they had a video. We asked for
the video. They just never They've always ignored everything, every
letter until recently. And they just said they have no liability.
And I said, why did they even ask for the
exhibits of the medical records. Why did they call me initially,
(28:45):
you know, to find out And when we first asked
for the incident report, the target made we got got
it in print on a letter. The very first line
was in that report said that they asked me what
made me fall and I said I was dizzy. I
(29:06):
never said that ever. I called target back and I said,
I did not say I was dizzy. The paramedics came.
They asked me too, why I fell. I said, I
my foot. My left foot caught something on the floor.
I don't know what it was. When I got to
the hospital, they also asked me why I fell. How
(29:28):
I fell? I said, I don't know. I wasn't diusy.
My left foot caught something on the left on my
left foot on the floor.
Speaker 3 (29:37):
I don't know what it was.
Speaker 2 (29:39):
It sounds like this is a perfect I mean, Debbie,
you may want to talk to these guys in the office,
but you need to do it like now. I mean now,
because your time is running out. It sounds to me
like well, Cedric finally responded, just to throw a little
bone so the statute of limitations can run out.
Speaker 6 (29:54):
Their their job is to discourage you. Their job is
to delay you. Their job is to pay you little
or nothing, and their job is to make the statute
of limitation run out.
Speaker 4 (30:03):
Well, your lawyer is right that you you have the
burden to proof. Yes, you have to show that there
was a dangerous condition, but you know. Once again, as
Gary said, people just don't go following in the store.
I mean, your foot caught on something. The question is
what did it catch on? Who took the reports? Who
who checked on you? I mean somebody had to come
(30:23):
to you when you fell, and there had to be identification.
There should be reports and videos, And that's one place
where I question the investigation because I'm shocked that somebody
didn't require those to see them.
Speaker 6 (30:38):
I do not think that manager. That manager's under a
duty and obligation to make an incident report. Don't think
they didn't, but they're not going to show you all
of it.
Speaker 9 (30:48):
They did.
Speaker 8 (30:49):
I read it.
Speaker 7 (30:50):
It was wrong.
Speaker 6 (30:52):
Well that's even worse.
Speaker 7 (30:53):
And so that's you know, And that's what I said
right away. I was still recovering. I read the incident
report and I called target and I said, that's a lie.
I was never dizzy, And the attorney said, if you
would have been dizzy, the paramedics would have treated you differently.
They carried me to the car and told me to
(31:14):
go to the emergency room for X rays.
Speaker 2 (31:17):
Okay, we're out. We're out of time, unfortunately, but now
I want to know how this resolves. So I'd love
for you to follow up with these guys offline at
their office at Bell and Pollock. You can go to
Champions of the People dot com for more information and
a free legal game plan called three O three seven
nine five fifty nine hundred. I'm so sorry I have
to cut you off, but you need to talk to somebody,
(31:38):
and you need to do it like immediately.
Speaker 8 (31:40):
Yeah.
Speaker 7 (31:41):
Well, I have been and I just haven't gotten any results.
Right that Sedgewick denies everything, all right, So Kim, is
there a way I can I can just call and
look up that number for Bell and Polo three three.
Speaker 2 (31:54):
Three oh three seven nine five fifty nine hundred. All right,
thank you, Thank you you guys, thank you so much
for coming in
The Mandy Connell Podcast News
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