On June 13, 2014, Arkansas Bar Association President Jim Simpson presented the Golden Gavel Award to Brad Hendricks for his exemplary service to the legal profession, recognizing Brad’s outstanding work as Chairman of the Arkansas Bar Association Professional Ethics Committee.
Brad Hendricks has been named as a Top 100 Trial Lawyer by The National Trial Lawyers Association. He’s also a member of the Mass Tort Trial Lawyers Association and the Business Tort Trial Lawyers Association. The National Trial Lawyers is a professional organization of America’s top trial lawyers. Membership in the organization is by invitation only and is extended to those individuals who exemplify superior qualifications, trial results, and leadership in their respective state or major geographical area. The National Trial Lawyers has evaluated Mr. Hendricks’ qualifications and extended an exclusive invitation to him based on his performance as an exceptional trial lawyer in the practice area of Civil Plaintiff law.
On March 29, 2013, residents of 22 homes in a subdivision in Mayflower were evacuated after thousands of gallons of oil spilled from the Exxon Mobil Corp.’s Pegasus pipeline running through the area. What caused the 20-inch pipeline carrying Wabasca Heavy Crude from Western Canada to the Texas Gulf Coast to burst remains a mystery as of April 3, 2013, but the company has apologized for the “inconvenience” to those displaced by the disaster on Good Friday leading into to the Easter weekend. The pipeline was built in the 1940s.
The (estimated) 12,000-barrel spill has been classified by the United States Environmental Protection Agency as a “major spill.” One barrel holds 42 gallons.
Although residents have been advised to expect evacuations of less than two weeks, the reality is that the effects of the Mayflower Oil Spill will reverberate through the community for much longer. Residents have already expressed fears that the spill will have a long-term impact on property values. Time will tell whether Lake Conway, located near the spill, was contaminated, but there have been reports of oil-soaked birds, including ducks, in the area.
Some residents have indicated that they did not even know the pipeline ran through their neighborhood. At a town meeting held following the disaster, residents unsatisfied with the oil company’s response to questions were angry.
ExxonMobil has promised to compensate families who have been damaged by the spill; The Brad Hendricks Law Firm is here to make sure they do, too.
After an oil spill, cleanup and removal of the contamination is an obvious priority; however, there are many issues which need to be dealt with in a Oil Spill case. Those affected by an oil spill may be entitled to:
• Damages for any health effects that may result from this spill. A number of people have reported respiratory problems already.
• Damages if the value of your property has been reduced because of the contamination. This information has to be reported by Sellers and Buyers may be unwilling to purchase your property in the future, and will be unlikely to pay fair value. It is likely that your property has suffered a loss of value.
• Damages for the inconvenience and concern caused by this spill.
• Punitive damages may also be available.
The Brad Hendricks Law Firm invites those affected by the Mayflower pipeline oil spill disaster to contact our firm to discuss these issues. Our attorneys, paralegals, and staff stand prepared to help, but The Brad Hendricks Law Firm also pledges its financial resources to stand against ExxonMobil to right this wrong. If The Brad Hendricks Law Firm does not win, our clients will owe us nothing.
Our firm offers representation to those who do not want to be part of a class action lawsuit, but who want the individualized representation necessary to address their specific damages. If you or a loved one has been harmed by the ExxonMobil Mayflower Pipeline Oil Spill, and you want an attorney who will fight for you, call The Brad Hendricks Law Firm today toll free, at (800) 603-5100.
In recent years, as America’s economy has floundered, many people have found themselves considering bankruptcy. A unifying theme that recurs in almost every consultation with a prospective client includes tales of the incessant calls made by bill collectors. Those calls can make an overwhelming time seem unbearable.
In 2011, Reader’s Digest magazine published an article entitled “13 Things a Debt Collector Won’t Tell You.” Michelle Crouch, the author, summarized a behind-the-scenes perspective of the debt collection industry offered by debt collectors and former debt collection agency employees, which we at The Brad Hendricks Law Firm believe includes some truly candid insights to keep in mind if you or a loved one falls into difficult financial times and are being hounded by debt collectors:
The more money the collector is able to collect, the larger his or her bonus check will be.
Debt collectors may hound you for the full amount of your debt, but most collectors are, in fact, authorized to settle on a reduced rate that may be 15 to 35 percent lower than the total debt.
Often, collection calls come from debt collection companies that have purchased large debt portfolios from original merchants or credit card companies for pennies on the dollar. What they may later collect from you is simply icing on the cake. More importantly, though, the fact that the portfolios are purchased for so little by the debt collector means that many of them are willing to accept a reduced amount to settle your debt in full.
Debt collectors will not voluntarily inform you that the statute of limitations associated with the debt may have already expired. It is important to avoid making any promise to the caller until that information is known. We have seen cases in which debt collectors have called trying to solicit payments on debts that are between 15 to 20 years old. The statute of limitations in Arkansas for the typical credit card debt is 5 years. Any promise to the creditor to pay even a reduced payment may revive the debt so that the statute of limitations no longer bars collection. Be aware of this, and it could be your greatest defense against a debt collector. The statute of limitations for most debts, under Arkansas law, ranges from two to five years.
Debt collectors are not allowed to call you at work. Ever. If they call after you have asked them to stop, you may have a claim under the Fair Debt Collection Practices Act. You may be able to recover your damages, attorney’s fees, and costs from the collector. Keep in mind that the statute of limitations for a claim under the FDCPA is one year from the alleged violation of the Act by a collector.
Debt collectors will not tell you that the FDCPA also prohibits them from threatening to have you arrested, using profanity, or calling between the hours of 9 p.m. and 8 a.m.
Dealing with debt that has gone into collections can create massive amounts of stress for a debtor and the debtor’s family. Much of the stress comes from a general lack of knowledge of how the debt collection process works and the laws governing debt collection.
If you or a loved one has been repeatedly contacted by debt collectors, we have included some things for you to keep in mind when dealing with the collector. If negotiating with the creditor fails, you may have other options. Call The Brad Hendricks Law Firm at (501) 588-0549 or (866) 676-5096 to schedule a free consultation with a member of our Bankruptcy Department, led by Lyndsey Dilks, to discuss those options and whether you might be protected under the law.
Lyndsey Dilks joined The Brad Hendricks Law Firm in 2008 and was specifically recruited to create and develop the firm’s Bankruptcy Department. Lyndsey has been named as one of the Best Bankruptcy Attorneys in Little Rock by Soirée Magazine. Her practice is devoted exclusively to Bankruptcy matters. Caroline Lewis joined the firm in 2009 and has assisted the Bankruptcy Department in Chapter 7 and Chapter 13 cases since 2011.
The Food and Drug Administration announced recently that it is gathering and reviewing information related to metal-on-metal hip implant systems. According to the FDA, “[h]ip joint deterioration can lead to symptoms such as pain, stiffness or difficulty walking. When symptoms do not respond to conservative treatment, patients may be advised to undergo total hip replacement or hip resurfacing. Patients may receive a “metal-on-metal” hip implant in which the “ball and socket” of the device are both made from metal.”
Unfortunately, recent developments outlined in medical journals and other literature suggests that many metal-on- metal implants are defective. A recent study indicated that up to 50% of patients with a metal on metal implant may be forced to undergo revision surgery within six years of receiving the implant.
These implants are defective and fail due to a design flaw for two principle reasons. First, the device slips or the shell does not sit in place in the hip and it resists bone growth. Second, the friction of the metal on metal (metal hip ball and metal hip socket) causes microscopic shavings and metal debris to be released into the surrounding tissue and blood. This can lead to a painful, inflammatory reaction in the tissue and high blood metal content. For these reasons our firm is expanding representation to include other metal on metal hip implants.
Many doctors are recommending that patients with a metal on metal implant undergo blood testing to determine whether their patient has high levels of cobalt or chromium in the patient’s blood stream. You may want to consider asking your doctor to perform such blood tests.
If you have received a hip implant since 2003, or if you have been advised to undergo an additional hip replacement surgery, you should contact your doctor immediately to determine which hip replacement device was initially implanted, even if you are currently experiencing no adverse symptoms or side effects. Complications from these devices can occur at any time.
If you have a metal-on-metal hip replacement implant, please call The Brad Hendricks Law Firm today to discuss your rights and potential claim. at (501) 588-0549 or (866) 676-5096.
For all your legal needs, and for your peace of mind, you can count on us.
Guest Column: Tort reform would be a bad thing
By David Soll
We have all heard the term “tort reform.” First, a “tort” is a non-criminal civil wrongdoing that is caused either on purpose or through negligence in which the act, intentional or otherwise, has caused physical, mental or monetary damage. You, the injured party, has the legal right to sue the wrongdoer for damages.
To use one layman’s example, if you are harmed by people who run a chemical company that have decided to save a few dollars by dumping their company’s toxic goo into the ground — and that goo reaches the water table and directly results in your cancer diagnosis — you can sue for the pain and suffering you would not have otherwise endured if not for the negligence of that chemical company.