Archive for the Blog Category

Decrease in traffic fatalities, but not for truck drivers or cyclists.

Friday, January 25th, 2013

In 2012, traffic fatalities in the United States dropped to some of the lowest levels ever. However, the number of fatal accidents involving drivers of bicycles and large trucks actually rose. In 2011, the National Highway Traffic Safety Administration analyzed data that showed a sharp increase in the number of bicycle and truck related fatalities. In 2011, traffic accident related fatalities in the United States decreased by 1.9% to 32,367 – some of the lowest levels since 1949. In 2012, accidents involving large trucks and their occupants increased 20% from the previous year.

So, why has this increase in truck and bicycle related accidents taken place? As far as bike accidents are concerned – perhaps it is because of the increase in number of bicyclists out on the road. As more and more Americans adopt biking as a healthy and environmentally-conscious alternative to driving, there are both benefits and consequences, such as increased incidence of bike related accidents and bicyclist fatalities. If you are a bicyclist, always wear your helmet and use a headlight when riding after dark. Do your best to avoid busy roads and intersections, and assume that vehicles may not see you on the road.

The increase in fatalities resulting from truck accidents, may also be due to an increase in trucking and freight activity in America, due to improving economic conditions. Truck driving can be a grueling occupation with long hours behind the wheel, that’s why it is important for truck drivers to maintain full attention on the road, and to pull over to rest when necessary.

As a driver of a truck or a bicycle you must take all necessary safety precautions when on the road. Be aware that there is increased risk when you get behind the steering wheel of a truck or bicycle. If you or a loved has been involved in a truck driving accident or a bicycle accident, I recommend scheduling a consultation with a lawyer who handles either bicycle accident personal injury cases or truck accident personal injury cases.


In the meantime, the National Highway Traffic Safety Administration is investigating these new statistics to determine the underlying causes for the increase in the accidents and understand when there has been an increase in these types of fatalities.

Why Is My Legal Case Taking So Long?

Friday, January 25th, 2013

In my 25 years experience being a lawyer, I’ve had some cases last as long as three years. The majority of cases that I handle are settled within a few months, however some personal injury cases can proceed for a long time, depending on a variety of factors. Below I discuss some of the common factors that determine the duration of legal proceedings regarding a personal injury case, however, the length of a case is dependendent on the unique nature of each individual case and it is not easy to predict at the onset.

- Whether the client has finished treatment.
After an accident the most important thing to do is recover from injuries, with hopes of a full recovery. A full recovery from injuries sustained in personal injury accident, if possible, can take time. The legal process for personal injury claims requires that the client complete medical treatment of the injuries associated with the accident before making a claim for compensation for injuries and losses. For a minor car accident, a few trips to a chiropractor might suffice. However, for an injury such as a catastrophic brain injury, the recovery can take years. No matter how long it takes, it is important to achieve maximum possible recovery and seek medical attention from the best possible physicians for injuries sustained in an accident. The recovery stage can be a difficult time, having a good lawyer can help immensely, and ensure your best interests.

- Whether legal and medical files are complete.
One of the most time consuming tasks in a personal injury case is assembling a file of complete records regarding an accident, such as medical records, police reports, legal correspondence, bills, tickets – the list goes on. Getting these documents all together is always possible with the assistance of a legal professional however it takes time. Sometimes it can take weeks to track down an illegible police report or witness account. Taking time to build a complete case is essential to a successful outcome and will build the strength of your claim.

- Whether the insurance company is facilitating settlement.
Insurance companies rarely make a satisfying offer for compensation in the beginning of processing a claim, when they do it is usually a plot against you. Sometime it is possible to arrive at a settlement agreement shortly after a claim is made, other times it can seem like negotiations with insurance companies are taking for ages. It really depends on the case and the circumstances regarding the accident. If the attorney and insurance adjustor cannot come to an agreement, a case will be scheduled to be tried in court. When a case reaches this stage, it is likely to take longer than expected especially if either party decides to appeal the decision.

One big factor that can slow the process of acquiring a settlement is the communication between lawyers and the insurance company. When you hire an attorney, the insurance company will have to go through your attorney before speaking with you, this protects the client from incriminating interviews and from being taken advantage of or bullied by insurance adjusters. The best personal injury attorneys know all the tricks that insurance companies have up their sleeve to get out of paying for accidents. When the attorney serves a bridge between the client and the insurance company the likelihood of the client being bullied by a big company is minimal.

When I handle my clients cases I’m only considering what is in their best interests. If a case takes a long time to reach an acceptable conclusion, so be it, as long as my clients best interests are being preserved. In many personal injury cases, patience on behalf of clients can result in a much more successful legal process and outcome.

Games Insurance Companies Play

Friday, January 25th, 2013

It is common practice for insurance companies to try an assortment of tricky methods to obtain incriminating evidence from victims of accidents, in order to avoid paying for compensation. Imagine a situation where you are injured in a car accident and have to go to the hospital.

Three days after the accident an insurance adjuster or lawyer for the insurance company calls to see “How are you doing today?” You respond something along the lines of “I’m doing alright.”

To the unaware it seems like the insurance adjustor genuinely cares about your well being and recovery. You can be sure that the insurance adjustor was taking notes or recording your interaction. When a stranger asks you how you are doing it is common to politely respond something along the lines of “I’m fine.” However, imagine your response taken out of context, on the witness stand in a personal injury lawsuit. When the adjuster testifies that you were doing “all right” two days after the accident, it might convince the jury that the injuries you are claiming aren’t that serious.

Once you return home perhaps the friendly adjuster will come to your house to see how you are doing, tell you you look like you are doing great and offer to write you a check on the spot.

When you accept a settlement from an insurance company you are required to sign a document forfeiting your rights to sue for additional damages. That is to say, you only have one opportunity to receive compensation in regards to a personal injury case. After a big accident it is common for an insurance adjuster to offer a sum of money on the spot, ready to write a check. Though it might be tempting to take the settlement right away, this is almost always a mistake. Insurance adjusters know how much an accident might be worth and know that if you settle early they can avoid paying for medical complications down the road.

All insurance adjuster know that personal injury settlements for people with legal representation average three to four times larger than settlements for people who represent themselves.

Insurance adjusters will always advise you against hiring a lawyer, they might stress the fact that you won’t have to pay for any lawyers or legal fees. The catch is, if you don’t, neither does the insurance company, saving them a lot of money at your expense . Even after lawyers fees, you will likely have a larger settlement than what the insurance company initially offered.

Insurance adjusters are generally good people doing their job. Unfortunately, their job often involves taking advantage of victims of personal injury accidents who are not good at defending themselves.

My best legal advice: Do not talk to anyone… except your doctor or attorney. You should always know who is talking with you. Do not speak with the other insurance company and its adjusters or lawyers. They will often try to tape record you and misrepresent you. You should also be careful when speaking even with your own insurance company, or to any lawyers hired by your insurance company. If any parties contact you regarding your accident, notify your attorney so that he may advise you and be present if necessary.

Personal Injury Law in Virginia

Friday, January 25th, 2013

Virginia personal injury law is particularly challenging, as it follows the doctrine of contributory negligence. This means that if you are a victim of bodily injury and seek compensation, the negligent party must be 100% at fault. If the defense can prove any contributing fault on your part, you cannot prevail in a personal injury lawsuit.

Contributory negligence is often used as a defense by an insurance company to an auto accident claim, in order to avoid paying any compensation to the injured accident victim. Contributory negligence is a complete defense in an automobile accident, meaning that if the insurance company can prove that the plaintiff was in any way negligent in causing the accident, the plaintiff, and victim, is barred from recovering damages. Obviously, contributory negligence is a contentious law, and most states have a system for defining comparative negligence, whereby negligence is determined partially for all parties involved. Virginia, Maryland, and Washington D.C., all institute contributory negligence as the guiding law in personal injury claims. Contributory negligence defenses can be harsh on victims who are very minimally at fault in an accident, so it is important to consult with an knowledgeable personal injury lawyer who has experience with personal injury cases and knows how to defeat contributory negligence defenses.

Top 10 Common Causes of Car Accidents

Friday, January 25th, 2013


As a driver it is important to be aware of the risks involved with driving, in order to prevent car accidents and personal injury. If you are at fault in a car accident because you were engaging in any of the acts listed below, you may have difficulty pursuing compensation after the fact. If you are behind the wheel, avoid all of the following:

1. Distracted Driving
2. Speeding
3. Drunk Driving
4. Reckless Driving
5. Poor Weather Conditions (Rain)
6. Running Red Lights
7. Running Stop Signs
8. Teenage Driving
9. Night Driving
10. Design Defects

 

The National Highway Traffic Safety Administration (NHTSA) recently released the results of a study which indicated nearly 80% of crashes are caused by driver inattention or distraction within three seconds of the crash. The most common distraction cited was reaching for something. A study by the Virginia Tech Transportation Institute (VTTI) found that reaching for a moving object (dropped phone, spilled drink, etc.) was twice as dangerous as any other non-driving task. The VTTI study also mentions other common distractions that result in accidental vehicle collisions.
If you do any of the following behind the wheel of a moving car, you may be putting yourself or a loved one at risk unnecessarily:

Top distractions behind the wheel:

  1. Reaching for something (twice as dangerous as any other task!)
  2. Reading and writing
  3. Grooming and applying makeup
  4. Dialing a phone
  5. Eating and drinking
  6. Texting
  7. Talking and listening on a phone
  8. Adjusting the radio or changing a CD
  9. Interacting with passengers
  10. Daydreaming

Indeed accidents can be caused as a result of numerous negligent actions such as those listed above. Drivers who engage in these dangerous driving practices negligently put others at risk and should compensate victims for the harm they have caused. If you have been in an accident and the other driver was negligent, a qualified personal injury attorney can help you obtain the compensation you need.

The actual cost of a car accident

Thursday, January 24th, 2013

Motor vehicle accidents often come with hidden costs above and beyond an increased insurance premium. If there is a serious injury or fatality, the costs of an accident can be immeasurable in terms of the emotional and physical suffering. Some of the most obvious “hidden costs” of a car accident are lost wages and expensive medical bills.

The AAA estimates that fatal vehicle accidents cost 6 million overall, and that each serious injury that occurs as a result of vehicle accident costs around $125,000. To arrive at these figures the AAA considered 10 costs of vehicle accidents as determined by the Federal Highway Administration:

  • Property damage
  • Medical expenses
  • Lost earnings/wages
  • Lost time/productivity at work
  • Loss of household productivity due to disability
  • Emergency response costs (ambulance, emergency room)
  • Rehabilitation expenses
  • Legal fees and expenses
  • Administrative costs
  • Pain and suffering and loss of quality of life

Car accidents can result in astronomical expenses, regardless of your financial situation. If you are the victim of a car accident you should not have to bear the burden of such financial strains. If someone has caused you or a loved one serious injury or death by driving negligently, you should seek professional legal advice from a qualified lawyer who can assess and evaluate your car accident claim.

An experienced personal injury lawyer can best evaluate and investigate your car accident to determine the actual cause and responsible parties involved, and seek compensation on your behalf. There are many unexpected costs that arise from car accidents, consult a car accident lawyer to find out how to best cover the costs, and, if due, receive compensation.

5 Ways To Get The Quality Health Care Treatment You Deserve

Thursday, January 24th, 2013

Quality care is defined by three guiding principles -
All treating physicians perform the proper procedures correctly.
You receive the health services you need, when you need them.
You receive the health services you actually need, nothing more nothing less.

After a personal injury accident, you will want to acquire the best care you can get. Here are some tips to ensure your time spent getting treated is maximized.

Educate yourself regarding your injury and treatment before your appointment. There are medical resources all over the internet, research your diagnosed injury and what potential options for treatment exist. If you have any additional questions regarding your injury write down a list of key questions and bring it to discuss with your doctor.

Bring your records. In order to best help your physician understand what is wrong with you and what the best treatment might be, it is important to have a complete health history in one place, especially if you have a complicated medical history or pre-existing conditions. Your medical history belongs to you and will be made available to you upon request. Keep a personal copy of your records so that you can consult it on an as needed basis.

Ask the right questions. Sometimes a gentle but firmly addressed question such as “What are some alternatives?” “What will happen if I postpone treatment?” and ”How do I know I am getting the best treatment available?” can lead to improved patient satisfaction and better relationship with your healthcare provider.

Don’t be afraid to speak up. If you feel that your physician has not paid enough attention to your injury, it is your personal duty to ask for greater explanation regarding your treatment. Sometimes, health care providers err on the side of providing less detailed information. If you ask for a more detailed explanation regarding your treatment, your healthcare provider should be willing to fully inform you. If not, its time to find a healthcare provider who is.

Bring support. Find someone you trust, such as a spouse, friend, or co-worker, and ask them to accompany you to your physician’s office. Incase you are unable to speak up, or if you are overwhelmed, your sidekick can advocate for you and your best interests, making sure your ideas are voiced and heard.

Sometimes your personal injury lawyer may be your best advocate. If your lawyer recommended your treating physician, it is probable that your lawyer and physician already have a working relationship and can work together to ensure your best interests. Receiving treatment for an accident related injury should not be a source of anxiety, make sure you acquire an advocate and stay informed.

Medial Meniscus – $50,000 Settlement

Tuesday, November 1st, 2011
Medial Meniscus

Medial Meniscus

Our client, a 63 year old undocumented worker, slipped and fell off a ladder onto the ground below while at work. The fall from the ladder resulted in a complete tear of the medial meniscus in his knee.

Once evaluated by a physician it was determined that our client required surgery to repair torn meniscus. Arthroscopic surgery to the knee was performed followed by extensive extensive physical therapy. Upon completion of physical therapy our client was released light duty with restrictions. Despite the undocumented status of our client, the case was settled for a lump sum settlement of $50,000.00.


Case No. 909090JC – 2009 Virginia Workers’ Compensation Claim

Why should I use my insurance when I am not at fault for an accident?

Monday, October 3rd, 2011

Most people feel that if they use their medical payments coverage, also known as Medpay, they are somehow accepting the liability for the accident, or their premium will go up.  So, why use your Medpay?  One of the simplest reasons for using your Medpay Insurance Coverage is that if you are paying for it why not make use it? Medpay Insurance Coverage can assist in paying your medical expenses regardless of your fault in an car accident.

Now which one would you prefer? Most individuals decline Medpay coverage when purchasing or renewing their home auto insurance policy. Medical coverage not only covers your medical expenses, but also covers any passengers you might have at the time of the accident.  In some states such as, Maryland, medical coverage also known as PIP or Personal Injury Protection, is coverage that the insured purchases with a liability policy in the State of Maryland. This coverage can be waived, but why waive something that can help you if you are injured in an accident. The minimum PIP coverage amount in Maryland is $2,500.00 and can be purchased up to $10,000.00 in coverage. Some states have minimum medical coverage as low as $500.00.

Here are two example cases, one with Medpay/PIP and one without:

Medpay or PIP Coverage: Jane has $5,000.00 in outstanding medical expenses and no health insurance.  The liability carrier is offering her $10,000.00 to settle her claim. Jane has $5,000.00 in Medpay/PIP. She also has attorney’s fees (33 1/3%) in the amount of $3,330.00 and no case costs. Jane attorney’s fees are only taken out of what she receives from the liability carrier ($10,000.00).  In the end Jane nets $6,670.00.

No Medpay or PIP Coverage:  Jane has $5,000.00 in outstanding medical expenses. The liability carrier is offering her $10,000.00 to settle her claim. She also has attorney’s fees (33 1/3%) in the amount of $3,330.00 and zero case costs. In the end Jane will net $1,670.00, as she must use the money she receives from the other driver to pay her medical bills.

So, which one would you choose? The next time you purchase coverage, considering getting medical coverage, even if it is the minimum. In the end it can make a big difference in your settlement.

 

Top Ten Things To Do If You Have Had An Auto Accident

Tuesday, September 13th, 2011

These are the Top Ten Things To Do If You Have Had An Auto Accident:

 

1. Call the police call (911).

2. Get as much information as you can about the other driver and his vehicle.

3. Get witness information; names, addresses, and phone numbers.

4. If you are hurt, tell the police and get medical care.  Go to the emergency room, you deserve to be checked.

5. If you have a camera or camera phone, take photos of the accident scene.

6. Be aggressive in getting medical care and getting yourself well.

7. Be extremely careful and hesitant when speaking with the insurance companies.  Their sole purpose is to deny the claim or to pay as little as possible.

8. Do not accept any money or sign any papers until you are absolutely certain your injuries and continued health will be covered.

9. Document everything. Such as property damage estimates, medical bills, medical records, lost wages, pharmacy receipts, and your phone calls with the insurance company.

10. If there is any doubt about the insurance company accepting your claim or if you think they are taking too long to respond to you, call a lawyer.