Unlike yesterday's blog post about an obnoxious attorney ordered to write a paper on civility for remarks made in poor taste, today's post has to do with lawyers making a positive difference in the lives of people wrongful accused of crimes.

Last week and for the 18th time in approximately seven years, an innocent man cleared by DNA testing reportedly has been released from prison by one Texas county.  After serving 27 years in prison for the murder of his girlfriend, 55-year-old James Woodard walked out of a Dallas courtroom yesterday, a free man.

Woodard could have been released earlier, if he admitted his "guilt" in the rape-murder to the state parole board. But he refused to do so. "It says a lot about your character that you were more interested in the truth than your freedom," state District Judge Mark Stoltz told Woodard as he ordered his release.

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Unfortunately, we've handled many wrongful drowning cases over the years and almost without exception, most of the drownings which involved small children could have easily been avoided.

Here are several important statistics obtained from the Orange County Fire Authority and Orange County Coroner…

• Since 2000, between four and twelve children age 4 and under have died each year from accidental drownings in Orange County.
  
• Of children who survive near-drownings, 5 to 20 percent suffer severe and permanent disabilities.
  
• Within 30 second under later, a child loses consciousness. Within 4-6 minutes, the child suffers irreparable brain damage.
  
• Within 10 minutes, the child can be brain-dead.

And this statistic was really a shocker to me…

• A child age 4 and under is 14 times more likely to die from a swimming pool incident than a car crash.

A Los Angeles Superior Court jury has awarded more than $15 million in compensatory damages to a teenager who suffered permanent brain injuries after his mother's car was struck by a Southern California Gas Co. truck in 2005.

The minor victim, now 17, was a passenger in the family's Chrysler sedan when it was hit by a gas company-owned pickup truck. The truck driver admitted runing a red light and striking the passenger side of the victim's sedan.

At the time of the accident, the minor was 14 and he struck in the head by a door frame and was pushed against a console. Almost half of his body was compressed.

After the accident, the minor was comatose for 24 hours and spent nine days in the hospital. He was diagnosed with a permanent frontal-lobe brain injury, which left him cognitively disabled with impaired judgement and an inability to regulate his moods. He also retained a drooping left eye, partial face paralysis and a six-inch scar on his head.

The minor was an active teenager before the accident, earning As and Bs in school and enjoying dirt biking, skateboarding and repairing bicycles. He testified at trial that his personality "completely changed" after the accident. He said he suffers from depression, lacks ambition and can no longer engage in many physical activities. He also reportedly suffers from fatigue, anxiety and speech difficulties.

If you or a loved one is involved in a major automobile, truck or motorcycle accident, please give us a call. We can help! Go to www.jacksonwilson.com

Personal injury victims must now pay taxes on damages for emotional distress and loss of reputation.

The U.S. Constitution provides that victims of personal injury are not required to pay incomes taxes on compensation they may receive for their injuries and damages. Specifically, the 16th Amendment of our Constitution bars such taxation for nonphysical personal injuries.

Despite this fact and an earlier unanimous three-judge appellate court ruling which confirmed the 16th Amendment protection, the U.S. Supreme Court on Monday let stand a lower court's ruling that personal injury plaintiffs DO have to pay taxes on compensatory damages for emotional distress or loss of reputation.

Visit our main web site for more info.  Go to www.jacksonwilson.com