Special Reports For
Injury Victims

These Special Reports reveal critical information for injury victims. Here you will learn essential facts about . . .

• injury claims . . .
• the rights of injured people . . .
• recoverable damages . . .
• how to maximize your recovery . . .
• how a lawyer can help . . . and more

As you read these "insider" reports you'll better understand how to protect your rights when injured by another's wrongful conduct.

What to Do In An Auto Accident
If You Have An Injury Claim, Don’t Delay
How Personal Injury Cases Are Valued
Auto Insurance — Get All Available Discounts
Common Mistakes Accident Victims Make: How You Can Avoid Them
What Happens When You Make A Personal Injury Claim?
After An Accident:  When To Use A Lawyer
Why Some Accident Victims Don’t Make Claims . . . And Why You Should
When Insurance Companies Do The Wrong Thing
Do You Have Enough Uninsured Motorists Insurance?

What To Do In An Auto Accident

Many people panic when they are in an auto accident.  They worry how it will affect their insurance rates and other matters. Sometimes, panic causes people to say things they will later regret and to overlook information that would be helpful if a dispute arises regarding the accident.

Here are some steps to follow if you are in a car accident.  They can reduce the hassles and increase your chances of receiving fair compensation for your injuries and losses.

• Call an ambulance for anyone seriously hurt.
• Write down the name, address, phone and driver’s license numbers, and insurance company of the other driver and the other car’s owner (if the other driver does not own the car).
• Write down the names, addresses and home and work phone numbers of all passengers in the other car.
• Write down the other car’s make, model, year, and license number.
• Write down the names, addresses, and home and work phone numbers of all witnesses.
• Make a diagram of the accident. Show the positions of both cars before, during and after the accident.  If possible, measure skid marks, and show them on the diagram.  Be sure your diagram shows traffic signals, stop signs, and crosswalks.
• Make notes on weather conditions, road  conditions, the location of the accident, and the time it occurred.
• Do not admit responsibility.  Things you say can be used against you later and affect the outcome of your claim.  Call us before you take any blame for the accident.  You may think you caused the accident and then learn  that the other driver was more at fault than you.

If a dispute arises regarding the accident, or if you have any questions about your right to make a claim for your personal injuries or property damage, call us.  Procedures for obtaining compensation are complex.  It is best to call us as soon after the accident as possible, as the time right after the accident can be crucial in making your claim.

If You Have An Injury Claim, Don’t Delay

If you’ve been in a car, slip and fall, or other kind of accident and intend to make a claim, there are several reasons why you need to consult an attorney as soon as possible.

One reason is there are time limits (called “statutes of limitations”) for making claims.  If you wait too long and the statute of limitations passes, you will be prevented from bringing your claim.

Courts strictly follow statutes of limitations.  Recently, a woman hurt in a car accident made a claim one day after the statute of limitations passed.  Even though this was a minor violation (just one day), a court dismissed her claim, and she could not recover damages for her injuries and losses.

Another reason why you should seek legal help immediately is that delay can hurt your case.  As time passes, it becomes harder to gather evidence and to find and interview witnesses, who may move or forget the details of your accident.

Since waiting too long can cause your claim to be dismissed or hurt your chances of getting the maximum recovery you are legally entitled to, seek legal help as soon after an accident as possible.

How Personal Injury Cases Are Valued

Most people have heard about accident victims who recover large sums of money for their injuries.  If you are hurt in an accident, one of the key things you will want to know is how much you may recover.

Estimating a victim’s potential recovery requires evaluating factors courts consider when awarding money for an injury.  These include the type of injury, the duration and severity of pain, whether damage is permanent, the cost of medical treatment, the victim’s lost income, and the victim’s emotional suffering.

Once these factors have been evaluated, it’s easier to estimate how much an accident victim may recover.  By looking at settlements and jury awards in the community for similar injuries, a lawyer can estimate the amount that might be recovered in another case.

Most accident victims want to know immediately how much they might recover.  But an early estimate is sometimes hard to make because many injuries take time to appear.  Because the full extent of many injuries is not known for some time, if you are in an accident, do not accept a settlement offer or sign a release before consulting your attorney.  There are many cases of accident victims who quickly signed away their rights, only to discover later their injuries were far worse than they originally thought.

Why Recoveries Differ

Many people ask why two accident victims with similar injuries receive different amounts of money.  One reason is that because so many factors go into valuing an injury, a variation in one factor can cause a big change in the outcome.  For example, if the two people earn different amounts of money, their recoveries will not be the same.

Another reason for different size recoveries is different communities.  In some areas, juries make smaller awards. Thus, two people can suffer similar injuries, and because they live in different areas, receive different awards. 

Valuing an injury can be hard. But with an attorney’s help and by evaluating factors like those discussed here, accident victims can usually make a better estimate of their potential recovery.   

Auto Insurance — Get All Available Discounts

The amount you pay for car insurance depends on many factors, including who will drive, the kind of car, and the car’s safety features.

When buying car insurance, there are two key ways to get the best rate.  One way is to shop around.  Ask your friends for recommendations or check the yellow pages or consumer magazines.  But don’t necessarily buy from the insurer with the lowest rate — make sure the company you buy from also has a good reputation for resolving claims.

The other way to get the best rate for car insurance is to take advantage of all discounts.  Not all insurers offer the same discounts, so be sure to ask what discounts are available.  Here are some of the discounts many insurers offer:

• Automatic crash protection.  Discounts are often available for cars with automatic seat belts or air bags.
• Anti-lock brakes.  Some insurers offer discounts for cars with anti-lock brakes.
• Non-smoker/non-drinker.  A few insurance companies offer discounts for drivers who do not smoke or drink.
• Driver education.  Discounts are sometimes offered to drivers who pass driver education programs.
• Good driving record.  Discounts are sometimes available for drivers with no traffic violations or accidents over a certain period of time.
• Other discounts. There are usually other discounts available. Examples include discounts for cars that are not driven many miles, students with good grades, or for people insuring more than one car with the company.  Ask your insurance company if it offers these – or any other – discounts.

Common Mistakes Accident Victims Make: How You Can Avoid Them

Many accident victims fail to receive the maximum compensation they are legally entitled to receive.  This is often due to mistakes people make that hurt their case.  Here are some common mistakes made by accident victims, and how you can avoid them.

Not getting a lawyer’s help for serious injury claims.

After an accident, an insurance adjuster will likely urge you not to use a lawyer, saying a lawyer won’t get you more money.  But the adjuster’s loyalty is to the insurance company, not you, and he or she is telling you this so the insurance company can pay you less money.  Studies show accident victims receive more money when they have a lawyer’s help.  So don’t make the mistake of  believing an adjuster who says a lawyer won’t help you.

Giving statements to insurance adjusters. 

After your accident, an adjuster will likely try to get tape recorded statements from you.  He or she will seem friendly and sympathetic. But remember the adjuster really wants you to make damaging statements so the insurance company can pay you less money.  Don’t make the mistake of giving a statement to an insurance adjuster without first talking to your lawyer.

Talking too much at the scene of a car accident.

Things you say at the accident scene and elsewhere can be used against you later. Since emotions after an accident can cause you to say things that hurt your case, don’t discuss the accident with the other driver or take any blame for it.

Not getting information at the accident scene. 

Getting the right information at the accident scene (including witness information and, after a car accident, information about the other driver and car) will help your lawyer prepare the best case.

Waiting too long to get medical care. 

There are many reasons to see a doctor promptly.  One is so problems won’t get worse.  Another is

that a doctor’s report provides a good record of your injuries.  A third reason is that many insurance companies (and juries) feel that if you did not see a doctor, your injuries were not serious.

Waiting too long to seek legal help.  

If you wait too long to get legal help, it gets harder to find evidence and witnesses.  You also risk losing your claim because the deadline for making claims has expired.

Settling too fast, before all your injuries are known.  

Some injuries take a long time to develop.  Many accident victims accept a fast settlement, only to find out later that their injuries are worse than they thought.  Don’t make the mistake of settling your claim before knowing the full extent of your injuries.

These are just some of the mistakes accident victims make that hurt their case.  Getting legal assistance promptly after an accident can help you avoid these and other mistakes, and increase your chances of getting the best settlement for your injuries.

What Happens When You Make A Personal Injury Claim?

Some accident victims fear making a claim. Sometimes this comes from not knowing what happens in a claim. But there is nothing mystical about recovering for a personal injury, and little to fear, especially if you have a lawyer’s help.  After suffering an injury, making a claim starts the process of obtaining what the law entitles you to receive as damages. This article explains briefly what happens when you make a personal injury claim.

First, anyone nervous about making a claim should recognize that they are not alone. No one likes the idea of needing to recover for an injury. Seeking money means there was an accident or other incident that caused damage, like a physical injury or other loss. An accident can be almost anything -- a car crash, slipping and falling, injury caused by a doctor or prescription drug, harm from a machine or product, or anything that causes an illness, disease or pain. No one wants an accident. But in life, these things sometimes happen.

The law says that if you get hurt because of someone’s negligent or intentional act, you are entitled to money to compensate you for your injuries. But whoever caused an accident probably won’t voluntarily pay for the damage they caused. You must make a claim.

A claim can take many forms. It can be a letter from your lawyer. Many insurance companies ask that claims be made by filling out their “claim form.”

What happens next depends largely on what the other side does. They can  pay the amount sought, bringing the process to an early, satisfactory end.

But they can also deny the claim and refuse to pay. They may dispute the facts, the seriousness of the injuries or some other aspect of the claim. Even then, they may still try to settle the matter.  This is another way a claim process can end early, usually with a result that both sides feel they can accept as a compromise.  Most claims are settled.

If the two sides can’t reach a settlement, the claim process may need help from someone who is impartial. This can be a court, arbitrator or mediator. Mediators help the parties reach a solution. Courts and arbitrators, based on the facts, decide who’s right.

Your lawyer plays a vital role in making your claim.  Your lawyer obtains information about the accident and your medical bills, conducts investigations, handles all communications and settlement negotiations with the other side and insurance companies, and takes the case farther if a settlement can’t be reached.  The decision whether to settle your case is up to you.

As the foregoing shows, accident victims have little to fear in making a claim for damages.  With a lawyer’s help, a claim can easily be made and the best case presented so that you receive the maximum compensation for your injuries and losses.

After An Accident:  When To Use A Lawyer

If you’ve been in a car or other accident, one of the key questions you will have is: “Do I  need a lawyer?”  The answer to this question depends on several factors, including the seriousness of the accident and severity of your injuries.

There are times when you may not need a lawyer’s help after an accident.  If you were in a minor fender bender and are sure you were not hurt, you may not need a lawyer’s help.

But for most other times after an accident, it is vital to have a lawyer’s help.  If there is a dispute over fault, it is important to speak to an attorney.  If you suffered serious injuries from the accident, you should definitely consult a lawyer.  Even if your injuries are small, you should still talk to a lawyer because some serious injuries take time to develop.

One reason why it’s vital to talk to a lawyer after an accident is because of the way insurance companies operate.  An accident victim who deals directly with an insurance adjuster is taking on a huge risk.  Insurance companies are in business to make money. One way they do this is to lower the amount they pay for claims, including your claim.  They will try many tactics to do this, as they know you are inexperienced in handling accident claims. Having a lawyer help you deal with an adjuster gives you a much better chance to get a large settlement.

There are other reasons why you should use a lawyer after an accident.  Your lawyer can explain your rights and duties, and tell you how much money you are entitled to receive.  In addition, some claims have special rules.  Not following them can cause you to lose your claim.

Maybe you are not only the victim, but are also accused of causing an accident.  Your lawyer can help show if your “fault” was only small, to limit your liability.  Your lawyer can also find out if you have insurance that will pay the claim or if someone else should share the responsibility. 

As the above shows, in most cases you should have a lawyer’s help after an accident, especially if you were hurt.  Having a lawyer’s help will increase your chances of getting the best settlement and make sure you don’t become another victim of insurance company misconduct.

Why Some Accident Victims Don’t Make Claims . . . And Why You Should

Many people get hurt in accidents but do not make  a claim. Too often, the reasons for this are mistaken beliefs people have about their rights, procedures or what will happen.  Here are some common beliefs that cause accident victims to not make a claim  — or not seek legal help — and the truth.

I can’t recover money because I was partly at fault for the accident.

Not true.  In almost every state, accident victims can recover money even if they are partly to blame for the accident. 

I don’t want to make a claim because I will have to go to court.

Not true.  Most injury claims settle without the accident victim ever going to court.

An insurance adjuster offered me money, so I don’t need a lawyer’s help.

Not true.  It’s vital for accident victims to have a lawyer’s help even if an insurance adjuster offers you money.  Adjusters work for the insurance company — not you — and their job is to pay you as little as possible.  Remember that studies — even those done by insurance companies — show accident victims receive more money when they have a lawyer’s help.

There’s no need to seek legal help right after the accident.

Not true.  There are many reasons why it’s important to get legal help promptly.  One reason is there are time limits for making claims.  If you wait and the deadline passes, your claim will be dismissed. 

Another reason is that the longer you wait after an accident, the harder it can be to find witnesses and gather evidence.  Thus, waiting can cause you to receive less than what you would get if you sought help sooner.

The driver who hit me has no money or insurance, so there’s no use making a claim.

Not true. Your own insurance may pay you benefits even if the other driver has no insurance.  Also, other parties — like an employer — may be liable.  Don’t give up your claim before consulting a lawyer to see if there’s a source for recovering your damages.

I was not badly hurt, so there’s no need to make a claim.

Not true.  Some injuries take time to develop.  Even if your injuries seem minor, they may get worse and you may miss work, face big medical bills, and have other losses.  Making a claim can protect you in case of this.

 I can’t afford to pay legal fees.

Most injury claims are handled on a contingent fee basis, meaning the legal fee is paid from the recovery (there may, however, be court and other fees).  If there’s no recovery for you, there’s no legal fee.

These are just a few mistaken beliefs that cause some accident victims to not make a claim.  If you’ve been in an accident, don’t give up a claim without consulting your lawyer to find out if you have a case.  Don’t let mistaken beliefs — based on misinformation — stop you from making a claim and recovering damages you’re legally entitled to receive.

When Insurance Companies Do The Wrong Thing

Insurance companies often claim that with them, you’re in “good hands,” or that they are on your side, “like a good neighbor.”  But when you need to make a claim, the opposite is sometimes the case, and it is therefore very important for accident victims to get legal help.  Here are some real-life cases that show how insurance companies sometimes avoid — or delay — paying valid claims.

• Joe R. was seriously hurt when the motorcycle he was a passenger on got in an accident.  Under the law, Joe was entitled to collect money from the motorcycle driver’s insurance company.  But when Joe asked about the driver’s insurance, the insurance company first said he was not covered.  Then, after a long time passed, they told Joe he could receive money — but said the time limit for his claim had expired.  Joe took the insurance company to court, and won.
  
  
• Julie H. was hurt when her car was hit by a drunk driver.  The drunk driver’s insurance company offered Julie a very small settlement though it knew she deserved a much higher amount.  Julie took the insurance company to court, and won her damages plus an additional amount to punish the insurance company for not promptly settling Julie’s claim for a fair amount.
  
  
• Barbara T. bought a $1000 life insurance policy on a family member. When the person died, Barbara made a claim, but the insurance company recklessly refused to pay her the $1000.  Barbara took the insurance company to court, and received her $1000 — plus a large punitive damage award. The court said a large punitive damage award was needed to discourage this kind of wrongful conduct by insurance companies.

     These are just a few examples of insurance companies trying to avoid or delay paying valid claims, and offering unfairly low amounts to settle claims.  Because of the way some insurance companies operate, accident victims should get legal help immediately.  They should not speak to the insurance company, but rather refer the insurance company to their lawyer.  Their lawyer will deal with the insurance company, and make sure the accident victim receives full — and prompt — payment for injuries and losses.       

  Do You Have Enough Uninsured Motorists Insurance?

Auto accidents involving drivers with no insurance — or too little insurance — are common.  Victims of these accidents are often shocked to learn that they will recover little, if any, money for their injuries and losses.  Fortunately, there is an inexpensive way for most people to avoid this tragic situation —by having enough uninsured and underinsured motorists insurance. Here is a brief explanation of each.

• Uninsured motorists insurance.  This protects you in the event a person who causes an accident and injures you has no insurance or is a hit-and-run driver.  It lets you collect money from your own insurance company for your injuries and losses, including medical expenses, lost wages, and money for pain and suffering.
  
  
• To benefit from this valuable protection, you must have it as part of your auto insurance policy.
  
  
• Uninsured motorists insurance can be one of the best auto coverages you buy, as it provides a great deal of protection and usually at a low cost.
  
  
• Underinsured motorists insurance.  This protects you in the event a driver injures you and does not have enough insurance to pay for all your injuries and losses.  For example, he or she may carry only the minimum amount of insurance required by law, but it may not be enough to cover all your injuries and losses.  Your underinsured motorists insurance will protect you so that you will be fully compensated for your injuries and losses (up to the amount of your coverage).

Underinsured motorists insurance also must be part of your own auto insurance policy.  It is also usually inexpensive.

You should immediately review your auto insurance policies to make sure you have enough uninsured and underinsured motorists insurance.  These types of insurance can make the difference between recovering money for all your injuries and losses in the event of a car accident with an uninsured or underinsured driver. If you have any questions about these or other auto coverages, contact your lawyer.