Friday, August 26, 2011

We are smaller than we think

Recent news about earthquakes, tsunamis, tornadoes and hurricanes often make people question what they think they know. We question what is real and where is God? God is right where He has always been.

But maybe we should ask more questions. Like, what are we really depending on?

When the seemingly solid earth beneath you begins to undulate like jello, and all that you hold dear crashes in all round you.

When the soothing ocean waves suddenly retreat, only to return as a tsunami—a fast moving wall of water taller than your home--and wash 250,000 people out to sea.

When the nourishing rains and gentle breezes suddenly plunge down in a funnel cloud through neighborhoods and scatter homes across two counties.

When the swirling winds and torrential rains of a hurricane peel off the roofs and cause mass destruction and evacuations.

If these do not cause questions, something might be wrong with your questioner. But notice just how little change it takes to go from tranquility to tragedy.

Does it not remind us just how small we are?

For all of our technology, only one structure is easily visible from the space station: the ancient Great Wall of China. A pile of cut stones, really.

I think we are an arrogant race, we humans. We think we are so advanced, but all it takes is one of the above events to put us back in our place.

It is probably a good thing to have our faith challenged and tested. We can blame or we can praise the God of the storm. When some of Jesus’ followers went through this following storm, they were never the same.

"And evening having come, He said to them on that day, Let us pass over to the other side. And when they had sent away the crowd, they took Him with them as He was in the boat. And there were also other little boats with Him. And there arose a windstorm, and the waves beat into the boat, so that it was now full. And He was in the stern of the boat, asleep on a headrest. And they awakened Him and said to Him, Master, do You not care that we perish? And He awakened and rebuked the wind, and said to the sea, Peace! Be still! And the wind ceased, and there was a great calm. And He said to them, Why are you so fearful? How is it that you have no faith?" Mark 4:35-40 MKJV

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Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.

Thursday, August 11, 2011

Trusting in the Provision or the Provider??

TRUSTING IN THE PROVIDER

Sometimes it is quite clear what God is teaching us. In the last several years, I have friend after friend, and client after client lose their jobs through no fault of their own.

This Great Recession may look like a “recovery” to the economists in Washington, D.C., but here in Shelby County, Tennessee, it looks pretty bleak. I have walked with longtime employees who have had their jobs shipped off to Mexico. Some 20 year workers, who never took a sick day, have been laid off. Professional level pharmaceutical sales people are glad to have a job at a third the salary doing something else.

The ripple effects of the Great Recession are hitting charities, missionaries, non-profits and churches quite severely. It is sapping consumer confidence and has resulted in records deficits and debt for our country. While business is not directly tied to the economy, I definitely see the suffering in the eyes of my injured clients. Families that could have dipped into savings to help them previously, now are struggling with other own bills. Churches’ benevolence funds have dried up. Food pantries and crisis centers have been tapped out, many times by formerly middle class patrons.

So, in the midst of these storms, what can we learn?

The Apostle Paul concluded, “And my God shall supply all your needs according to His riches in glory in Christ Jesus” (Phil. 4:19). We are assured that God will supply our needs (not our greeds) and the reason is given: “His riches in glory by Christ Jesus.”

But it is hard not to worry. I have often heard that “Worry is the most common form of atheism.” Ouch!

But, it was the Lord Jesus Himself that was so exceedingly clear about anxiety regarding our daily needs:

Matthew 6:25-34 “Therefore I tell you, do not worry about your life, what you will eat or drink, or about your body, what you will wear. Isn’t there more to life than food and more to the body than clothing? 26 Look at the birds in the sky: They do not sow, or reap, or gather into barns, yet your heavenly Father feeds them. Aren’t you more valuable than they are? 27 And which of you by worrying can add even one hour to his life? 28 Why do you worry about clothing? Think about how the flowers of the field grow; they do not work or spin. 29 Yet I tell you that not even Solomon in all his glory was clothed like one of these! 30 And if this is how God clothes the wild grass, which is here today and tomorrow is tossed into the fire to heat the oven, won’t he clothe you even more, you people of little faith? 31 So then, don’t worry saying, ‘What will we eat?’ or ‘What will we drink?’ or ‘What will we wear?’ 32 For the unconverted pursue these things, and your heavenly Father knows that you need them. 33 But above all pursue his kingdom and righteousness, and all these things will be given to you as well. 34 So then, do not worry about tomorrow, for tomorrow will worry about itself. Today has enough trouble of its own.”

Matthew 6:25-34 tells us three times “do not be anxious” (6:25, 31 and 34). Anxiety is foolish because it is futile (vain, useless) in view of the Father’s care and knowledge of our condition and our needs.

He teaches us such worry is the product of being people of “little faith.” He shows such intimate care for the birds of the air and the lilies of the field, imagine how He cares for us.

But as the late Dr. Adrian Rogers used to say, “Yes, He feeds the birds of the air, but you notice He does not throw it in their nest every morning…they’ve got to go out and scratch for it.”

Mr. Peel often speaks at churches and civic clubs without cost in between “scratching out” a living handling workers comp, medical malpractice, nursing home, auto accident and disability cases. More articles are available on his website and blogs accessible at PeelLawFirm.com.

Friday, July 15, 2011

WARNING: Teens Driving

TEENAGE DRIVING OFTEN DEADLY

Ask any teen made to pay his or her own car insurance and they will tell you: it’s expensive!!

Since insurance is all about risk, these high premiums indicate the problem. Drivers aged 16- to 19-years-old are far more at risk for accidents than any other age group. In fact, for each mile driven, teen drivers ages 16 to 19 are almost four times more likely than other drivers to crash than many other age groups.

Is it an urban myth that male teen drivers are in more accidents? No. The insurance rates are set in part by statistics from real crash data. The car accident death rate for teen male drivers and passengers is more than one and a half times female teen driver (19.4 killed per 100,000 male drivers compared with 11.1 killed per 100,000 female drivers). This does not mean that boys are worse drivers. Teen girls cause a lot of accidents. But the boys test themselves at much higher speeds on average.

This year we will lose over 5,000 teens ages 16 to 20 in car crashes. Almost 400,000 drivers age 16 to 20 will be seriously injured in these accidents in the same time! This is about the entire population of metro Knoxville, Tennessee, hurt every year.

Alcohol is a serious problem. In one reported survey, almost 30% of teens reported that just within the previous 30 days, they had ridden in a car with a driver drinking alcohol. Many rural teens grow up drinking and driving through the country on weekend nights. More than half of teen deaths from car crashes occurred between 3 p.m. and midnight and 54% occurred on weekends: Friday, Saturday, or Sunday. It is only a matter of time until there is a crash. Unfortunately, the inevitable crash is almost always at high speed. In fact, 23% of drivers age 15 to 20 who died in car crashes had a Blood Alcohol Reading of 0.08 or higher.

The “Immortality Complex.” Teens are also more dangerous because they do not intrinsically understand that they can actually be hurt or die. This minimizes seat belt use. It was found that with teen drivers killed in auto crashes after drinking and driving, a full 74% did not wear a seat belt.

Jeff Foxworthy is credited with a relevant quote. He says the last words of many a redneck are, “Hey guys, watch this!” The stereotype of the daredevil male teen driver, with a beer between his legs, the stereo blaring and a back seat full of friends rocketing through the curvy rural roads at night at 85 mph are supported by common experience and crash statistics.

Recent changes in Tennessee law limiting passengers for beginning drivers are hoped to reduce the tragedies. In the meantime, new technology that reads and reports speeding to parents remotely might hold some promise.

But for us parents, there will be a lot of sleepless nights.

Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.


Friday, July 8, 2011

The Casey Anthony Verdict

Casey Anthony Trial

While my law practice is limited to injury, civil, and malpractice cases, so many folks have asked me about the Casey Anthony criminal case that I feel I should address it.

The jurors wanted the story! They always want the story. Since we were all little children, we have been told fairy tales, nursery rhymes and bedtime stories. We have all watched far too many television dramas, videos and movies. If you have read Shakespeare, enjoyed a novel or have been to the theater, it is basically the same sequence. They all have a beginning, characters and a plot. Virtually all of them have an action sequence with good guys and bad guys in some conflict. They certainly all have an ending.

The little Anthony girl’s remains were only skeletal by the time they were finally found. As a result, scientists were unable to tell the jury how and exactly when she died. The jury wants to know how and when she died. Those are important elements of the story. While it may not technically be needed to convict, the jurors usually at least want a workable theory on those points.

If you are like me, it is beyond infuriating that the mother’s own failure to report the missing child and her own lying is what gave enough time for the remains to fully decay! (It makes me angry all over again just to type it). In a sense, even though she was convicted of lying, it appears she still has benefited from it.

It brings to mind the O.J. Simpson trial for many. There is still no question in my mind that he killed Nicole Brown Simpson and Ronald Goldman. Unfortunately, the story of an alleged racist cop planting evidence (including the infamous glove) was what prevailed.

But when I think about the Simpson trial, I recall a different set of events. After his ex-wife was found murdered, he led police on a slow chase in the white Bronco, carrying a gun, money and a disguise. That is unreasonable unless he was guilty. Innocent ex-husbands rarely act like that when an ex-wife was killed.

The story that will likely be remembered in the Casey Anthony case is about a monster of narcissistic mother who got away with murder.

What do you think?

Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.

Friday, June 17, 2011

WATCH What U Post!!

Watch What You Post and Send

When I have a legal claim against someone I will often check to see if they are on Facebook or another social media site. It is amazing how often they will explain how the accident happened, and often admit that they had been drinking, or some other condemning information. While I only do injury law, I have read several cases where a criminal is arrested based on evidence found as a result of his own postings on Facebook! It seems technology has outpaced common sense in its use. But it is not just true in cases involving the legal system.

Public officials are proving that they too can be foolish with social networking tools. The latest public figure to fall from so-called sending lewd photos and suggestive statements via cell phone text messaging is Congressman Anthony Wiener. A recently married man, he was sending these to several other women. NFL star quarterback Brett Favre, a married Mississippi native, was alleged to have done much the same thing. Representative Christopher Lee, of New York texted a photo of him without his shirt on to a woman, not his wife, on Craigslist, and immediately resigned in disgrace.

So why do these people, who ought to know better, even do it?

"If you're looking for some kind of deep explanation, I simply don't have one," Weiner said at a press conference admitting the actions. "This was just me doing a dumb thing, doing it repeatedly and then lying about it."

The new term might be “Internet Infidelity.” Most experts say it is the instant gratification of this behavior that causes users to crave more.

This kind of behavior cannot be too far from more explicit behavior, however. As Christians, we understand how sin progresses. In the above texting cases, there is no allegation of actual physical intimacy. Compare this with recent allegations that Arnold Schwarzenegger, the current governor of the State of California, famous bodybuilder, actor and businessman, had a child with another woman while married to Maria Shriver.

If that sounds familiar, it is much like former presidential candidate and Senator John Edwards’ folly of having a child with another woman while his wife was fighting cancer and he was a viable candidate for the presidency. He added the audacious sin of allegedly forcing a staffer to lie and claim paternity for the baby, even though that man, Andrew Young, was also married.

Where does this all start? How can supposedly great--and certainly smart--men like this fall so far?

As with all other important questions in life, Scripture contains the answer:

But every man is tempted, when he is drawn away of his own lust, and enticed. Then when lust hath conceived, it bringeth forth sin: and sin, when it is finished, bringeth forth death. James 1:14,15.

You see in these cases, the “death” of marriages, trust and sometime careers. So how do the rest of us prevent ourselves from being “drawn away?” Here are some warning signs and deterrents that may be helpful on your online life:


– 1. Never tell a friend of the opposite sex something you would not tell your spouse. This can easily lead to a so-called “emotional affair.” Harmless at first, these begin as just friendship, but pick up speed as you eventually only feel “understood” by the person you are not married to.

– 2. Always have transparency in your online dealings. If you are on Facebook or Twitter, make sure your spouse can see all you send and receive.

3. 3. Always speak highly of your spouse in the presence of others of the opposite gender. If you express disappointment with him or her, the person you are talking to may see it as an opportunity.

4 .. Never post photos you don’t want your spouse to see, and that you don’t want to see again and again. You may see them in lawsuit or even a prosecution.

Remember, Jesus taught us in Matthew that our thought life is the birthplace of our actions. Centuries earlier, The ancient saying in Proverbs 23:7 summarized succinctly:

“For as a man thinks within himself, so he is.”

Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.

Thursday, June 16, 2011

Should a Christian Ever Sue??

Christians and Lawsuits--
Should a Christian Sue?

As a Christian, and a lawyer, I have been asked about this many times. As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:
If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church! I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers! The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)
Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:
A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.”
The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.
An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation. Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).
There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen. He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.
For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.” I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.
Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance. Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.
I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.
Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”
While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.
For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:
If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.
Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:
If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;
Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).
Also, the negligent person has a responsibility as well. Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested. Nursing homes would not be under any incentive to give better care.
As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:
1. Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).
2. Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).
3. Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)
4. Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

In the end, some will say, my cases are about money. I understand the criticism.

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life. But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”


Thursday, June 2, 2011

80/20 rule applies to you

The 80-20 Rule


You might never have heard of the "Pareto Principle," but it is the name for what many call the "80/20 rule."


Vilfredo Pareto, an Italian economist, once famously observed that 80 percent of the land was owned by 20 percent of the population.


In your business, the rule implies that approximately 20 percent of your clients/contracts/crops produce 80 percent of your income. In your life, 80 percent of the love and support you receive come from just 20% of the contacts on your cell phone.


If you can focus on the 20% that brings you 80% of your income, satisfaction and success, you can change the ratio. Think about how little of your 40 hours of work accounts for the majority of your results.


Here are some signs that will help you to recognize whether you're spending your time as you should:


The 80% of your life will be marked with these marks:


You're busy on tasks other people want you to do, but you see no future in them. You're always doing something that just popped up and is “urgent.”


You're spending time on tasks you are not usually good at doing that others could do. Activities are taking a lot longer than you expected. You find yourself complaining all the time. Your spouse or friends do not see why you are doing this task.


The 20 percent will involve these points:


You see this as a step or part of your dream--your overall purpose in life. You're doing things you have always wanted to do

You feel good about yourself upon doing this task. You're hiring people to do the tasks you are not good at or don't like doing. You're smiling. You're spouse sees the wisdom of your task and is supportive


As the old saying goes: "The main thing is to keep the main thing the main thing."


David B. Peel

Attorney at Law


Mr. Peel is a local attorney who practices in the areas of Accident, Injuries, Malpractice and Nursing Home Neglect. Mr. Peel often addresses churches and clubs and can be contacted through www.PeelLawFirm.com, wherein other articles can also be found.