Hurt in a Car Accident Caused by Someone Else’s Negligence? 12 Tips to Protect Yourself

May 14th, 2008

After practicing personal injury over the years, I’ve come up with the following 12 tips for those who have been injured in a car accident:

Tip # 1: If you are not really hurt, don’t see a doctor, don’t see a lawyer, and don’t make a claim. Contrary to popular belief, you are not entitled to money just because you were in a car accident. If you fake or exaggerate injuries, you run the risk of being prosecuted for fraud, and you also run the risk of incurring medical bills and other costs that you’ll end up owing out of your own pocket.

Tip # 2: If you are really hurt and in real pain right after the accident, take an ambulance to the E.R. Taking an ambulance and going to the E.R. provide objective evidence that you were seriously hurt and that you sought treatment before having time to consult with a lawyer.

Tip # 3: If you go to the E.R., insist on getting x-rays of your cervical and lumbar spine. It is standard procedure at most E.R.’s to perform these x-rays when someone has been involved in a car accident, but I once handled a case where the E.R. did not perform cervical x-rays. My client continued to have neck pain after being released, and when she had follow-up care that included cervical x-rays, it was discovered that she had a fractured cervical disc! She was unknowingly facing a severe risk of being rendered a quadriplegic during the time she was walking around and going about daily living with an untreated fracture.

Tip # 4: If told to get follow-up care upon being released from the E.R. - do it! Delays in treatment will be used by the insurance company to argue that you were not really hurt, and only later decided to start racking up the medical bills in relation to your claim.

Tip # 6: Especially if you did not take an ambulance to the E.R. right after the accident, see a doctor before seeing a lawyer. Insurance companies and potentially jurors are skeptical of people who go to the lawyer before seeing a doctor.

Tip # 7: When choosing a lawyer, remember that almost all personal injury attorneys give free initial consultations and you don’t have to sign up with the first one you talk to.

Tip # 8: Keep your attorney informed about your medical treatment and understand that your case probably cannot be settled until after you have either finished treatment, or have been declared to be permanent and stationary.

Tip # 9: If your attorney is non-responsive and fails to timely return your calls…simply hire a new lawyer and let your new lawyer fight with the old one over how to apportion the fees.

Tip # 10: If you give a recorded statement or have your deposition taken, just tell the truth - and if you don’t remember something, say so. Keep your answers short, the more you talk, the more likely you are to say something inconsistent.

Tip # 11: Keep track of not just your expenses, but all the activities you miss out on because of your injuries. Missing important family and social events due to your injuries can enhance the value of your claim.

Tip # 12: Once your case is resolved, be sure to get a written explanation from your lawyer as to where all the money is going and exactly which medical bills are being paid out of the settlement. About 30 days after the settlement, contact the medical providers that were supposed to be paid from the settlement and make sure your account has been taken care of.

The above tips are for general situations and may or may not apply to your particular situation, you need to consult with an attorney licensed in your state above the specific facts of your case in order to receive legal advice that you can rely on.

This article was written by Daniel J. Reed, Esq., for more information, please visit this website: http://www.accidentawardslasvegas.com

Read more

Posted in Personal Injury Lawsuit | No Comments »

Go-and-win-not-free - Array Poor are Hit Hardest by Compensation Culture

May 14th, 2008

But new research – conducted by BBC Radio 4’s ‘File on 4’ programme – suggests that it is the very poorest sections of the community who lose out when seemingly failsafe claims go wrong.

Some people have been left in debt to the tune of £2,500. The industry looks like it was past it’s prime some time ago – in 2004, the personal injuries group Accident Direct sacked it’s 2000-plus workforce by text message after a slew of failed cases, whilst The Life Repair Group needed some major renovation work itself after it went into administration the previous year. Whilst the job losses associated with these companies’ collapse is bad enough for those afflicted, the real losers were the (for the most part) poor and ill informed customers that they targeted. For John and Lesley Pace of Pencoed, South Wales, they thought that Christmas had come early when they received a knock on the door from a representative of CMS Investigations, who had also been targeting homes in Northumberland and the Midlands.

They advised the Paces that they may have a compensation claim case against their local housing authority, as their council house had been damp and draughty for many years. They were advised to take out an insurance policy for £519 for legal costs in the event that the case was lost – a strange enough practice when the arrangement is meant to be ‘no win no fee’. This was paid for with a loan from the First National Bank.

The plot thickened when the Paces won their case and were awarded £1000 in compensation. Just a few weeks later, their delight was cruelly spoilt when they received a bill for £1481.86. Apparently, costly risk assessment reports vital to the success of the case had been performed at their expense, and coupled with the exorbitant interest charges added to the loan repayment, effectively meant that their fee was greater than their win – they owed money after going through the hassle and distress of a court case. Mr Pace put his opinion in no uncertain terms: “I’d love them [CMS] to come here and knock again. They’d be out through the gate before their feet could touch the ground”.

But their heartache hadn’t come to an end yet. The insurance policy that the Paces had taken out was designed to pay out only if they lost their case – because they won, they were still liable for the legal costs of the court case. These ended up being £8,697 agreed. Understandably, the Paces are outraged: “There’s no way I’m paying” Mrs Pace said. “I’d rather go to prison.”

It’s understandable that emotions are running high when such malevolent practices are still occurring in Britain. Before you get involved in the seedy world of ‘no win no fee’ compensation claiming, be sure to get your facts straight: you could end up paying more than you bargained for.

Read more

Posted in Personal Injury Lawsuit | No Comments »

Motorcycles Are The Fun Transportation - Until The Rider Is Injured

May 14th, 2008

Riding a motorcycle is a fun way to go from place to place and it is economical, but that is not even the reason that many riders are addicted to motorcycles. One of the main reasons that people ride bikes is the feeling of freedom they get from it and motorcycles are the fun transportation-until the rider is injured.

When riding it is along with the freedom that the rider feels there is also danger lurking with every passing vehicle in Ventura and this is because drivers of cars often do not understand they need to take extra care when passing a motorcycle and pulling back into the lane among other things.

Drivers are known to pull into the lane when passing a motorcycle so quickly and at not enough speed that the motorcyclist has no place to go. This can cause them to either try to swerve out of the direct path of the car and lose control or to hit the back of the car so that they cannot avoid the car.

Motorcycles are the fun transportation-until the rider is injured and then it can be tragic for the rider, the injuries are usually severe because there is little protection from the road, cars and other things such as road dividers. Even when wearing protective gear and helmets injuries can range from a ruptured disc, a serious brain injury or other severe injuries and there are also motorcyclists who suffer fatal injuries.

When you or someone in your family has been in a motorcycle accident the injuries can take a lot of time to heal and in the case of a wrongful death it is often the provider of the family who has been lost and the need for the most experienced motorcycle accident attorney is needed. An attorney who has the resources to recreate an accident scene, who has the forethought to take pictures of the scene prior to any evidence wearing away from weather or traffic. These motorcycle accident attorneys with their experience able to walk confidently into court prepared and seek a settlement for this accident as well as pain and suffering.

The reason that an experience motorcycle attorney will go to such extremes as photographing the accident scene or recreating an accident scene is because they understand that this type of accident can be devastating and is often due to the driver of a vehicle that did not adhere to the proper rules of the road.

Read more

Posted in Personal Injury Lawsuit | No Comments »