Injured in a Car Accident. Who actually pays for everything?

9/2/201112:45:54 PM Link 0 comments | Add comment

accident, Accident Injury, car accident, claim, injury claim, insurance claim, Personal Injury, Personal Injury Lawyer

Most people know insurance is involved after they are injured in a car accident, and we have discussed before the different types of insurance that may be applicable when dealing with an auto injury claim.  But often times people are still confused as to what happens to the person who caused the accident.  The reality is that unless the individual that caused the accident is facing serious criminal charges separate from the civil action such as DUI or motorvehicle homicide, they usually do not have much to do with the injury case at all unless and until the matter goes to trial.  

There are a few situations where if a person is seriously injured, and the person who caused the accident is extremely underinsured (i.e. someone such as Warren Buffet is driving a car with only $50,000 in insurance coverage when he himself is worth billions - obviously, this is for purposes of illustration only as someone like Warren Buffet would likely have plenty of insurance coverage and Berkshire Hathaway owns GEICO) then the injured party and his or her accident injury attorney will pursue the at-fault party over and above the insurance coverage that is available.  However, most injury claims do not fall into this category.  In most injury claims there is either plenty of insurance to cover the injured person's injuries; or, if there is not enough insurance money, the person who caused the accident is not worth pursuing because they don't have any money or assets over and above the coverage that is available.

Now, this can be confusing because your injury claim is still against the person who caused the accident.  In most situations you cannot sue the insurance company directly for injuries caused by their insured.  Rather you sue the person who was negligent and caused the accident, and the insurance company is the one who foots the bill (up to the amount of coverage contracted for by the negligent party).  This is why you often times see families and close friends suing each other.  A common example of this is two cousins riding together in a car.  If the cousin driving the car is negligent and drives into a tree, and as a result the other cousin is injured, often times the injured cousin and his/her family will sue the kid driving the car (i.e. someone's niece ot nephew).  The reason for this is typically not that the injured party wants to bankrupt their niece or nephew, but rather that pursuing the niece or nephew is the only way to gain access to the insurance money to help pay for medical bills and other damages that were sustained.

The bottom line is that in most accident injury cases verdicts and settlements are paid by insurance companies, not out of the pocket of the negligent person who caused the accident.

Do I need a Personal Injury Lawyer?

6/22/201110:08:59 PM Link 0 comments | Add comment

Accident Injury, attorney, car accident, insurance claim, lawyer, personal injury, Personal Injury Attorney, Personal Injury Lawyer

The terms "personal injury lawyer" or "accident injury attorney" can be a bit misleading.  For the most part, the only people who know exactly what a personal injury lawyer is are other attorneys, or people who have previously been injured in an accident.  The only time you need an accident injury lawyer is when you or a member of your family are the ones who are injured in the accident.  This could be most any type of accident.  For instance, my injury practice focuses on car accident injury and dog bite cases; however, personal injury lawyers handle cases involving all types of accidents: car accidents, dog bites, slip & falls, medical malpractice, workers compensation, etc.  I am often asked if someone needs an injury lawyer after they cause an accident which causes damage or results in injury to another person.  The short answer is no; not because the at-fault paerson does not need legal representation, but because they need a defense attorney, not an injury attorney. 

When someone is injured in an accident, and that accident was caused by someone else (even another family member), they need an "injury lawyer".  In that situation their attorney will help them with the claims process and file a formal lawsuit when necessary.  The insurance claim is based on a negligence action that could be filed against the person who caused the accident or based on other insurance coverages that may exist under the injured party's own insurance coverage.  There are usually multiple insurance policies and issues that come into play when handling an auto injury claim.

On the other hand, someone who causes an accident would be in need of a defense attorney(s).  If you are involved in an accident that is your fault, you will want to contact your insurance company and speak with an attorney who handles defense of criminal and traffic charges.  You may need two lawyers depending on whether you are sued by the person you injured or not.  Causing an accident presents two separate issues: (1) a potential criminal/traffic court issue prosecuted by the State and based on any citation you were issued by police (this is especially serious if you were arrested for DUI and/or if the other person was seriously injured) and (2) a potential civil negligence lawsuit filed by the person you injured.  Your auto insurance carrier will provide representation for you on the negligence claim; however, you are responsible for hiring your own counsel for any proceeding invloving the criminal court system.

Many attorneys offer free consultations, and when in doubt it is always a good idea to seek counsel before progressing with any situation that could have legal consequences.

Will Entering a No Contest Plea Keep a Criminal Conviction Off My Record?

3/20/20112:09:19 PM Link 0 comments | Add comment

accident, criminal defense, DUI, personal injury

The short answer is NO.  Pleading no contest instead of guilty will not keep something off your criminal record.  As discussed in previous posts, the purpose of a no contest plea is so that the specific case you are entering a plea in cannot be used against you in civil court.  For all other purposes, a "no contest" plea will be treated the same as a guilty plea.  An example of this is when someone is drunk, runs a red light and hits another vehicle.  The person who caused the accident would face criminal/traffic charges of DUI and failure to stop for a traffic signal.  That same person could also face a civil lawsuit from the person they struck with their car.  The victim, or person driving the car that was struck by the drunk driver who ran the red light, may sue in civil court for property damage and/or damages incurred as a result of personal injuries caused by the accident.  If the person who caused the accident pleads "guilty" in criminal court to DUI and/or running the red light, that plea can be used to prove guilt in a civil case brought by the individual that was driving the other car.  If the person pleads "no contest", that plea cannot be used against them in a separate lawsuit for civil damages.  Long story short, in Nebraska, whether you plead guilty or no contest, the conviction will look the same on your record.

Lawsuit Loans in Nebraska

2/17/20119:17:08 PM Link 0 comments | Add comment

Accident Injury, claim, insurance, Lawsuit loan, lawyer, personal injury

Finding a Good Lawyer

1/1/20112:56:26 PM Link 0 comments | Add comment

attorney, Criminal Defense, DUI, Lawyer, lawyer search, Personal Injury

Finding a Lawyer

Unfortunately for most people, but fortunately for our office, most people need a lawyer in some form or fashion many times throughout their life.  This helps explain why sometimes it seems like one out of every three people you meet are some type of attorney.  When searching for a lawyer it is important to keep in mind why it is you need help in the first place, as well as what exactly you want your attorney to help you with.  Some lawyers will offer services that you do not need or want.  In the alternative, maybe you would like additional help than what is being offered.  Make sure when meeting with prospective legal counsel to voice these requests so you know exactly what services are being offered.  My practice focuses almost entirely on car accident injury cases, criminal cases and DUI defense; therefore any examples used in this post will likely refer to one of those three areas.

Budget
It is always good to keep a budget in mind; sometimes you get what you pay for, but other times you simply pay for what you got.  Now, this is not applicable to personal injury cases (i.e. car accidents, truck accidents, motorcycle accidents), where most cases are taken on a contingency fee basis.  However, when hiring a criminal lawyer or dui attorney, the harsh reality is not everyone has the same resources, and thus, not everyone can pay for the same legal services.  Unlike other major purchases in life, most people do not plan ahead for attorney fees.  In other words, more money does not always mean a better product or better service.  And again, make sure you know what you are paying for.  As an example, say you hire an attorney to represent you because you were arrested for DUI.  You and the lawyer agree that in return for representation on your DUI, you will pay a flat fee of $1,000.00 up front (relatively standard fee for a DUI first offense in Omaha, NE).  Does this fee cover all hearings?  What are “all hearings”?  Does the fee include representation for your Administrative License Revocation (ALR) hearing with the DMV?  Does the fee include showing up for additional hearings while you are on probation, such as show cause hearings and probation checks?  If you choose to be a knucklehead and violate your probation, does the fee include services for representation on the your probation violation charge?  These are all the types of questions you need to ask when looking to hire a lawyer.  Obviously, not these exact questions, unless you were recently cited for DUI, but you get the idea.  Often, you can negotiate exactly what services you would like.  This could mean an increase in fee if the services negotiated for are outside the ordinary; or it could mean a reduction in fee, if there are certain tasks you do not wish your lawyer to perform, but usually come standard.  The bottom line is that in most situations it is important to discuss both fees and services in detail before officially forming an attorney-client relationship.

Where do I Begin?
The first place most people will look when they are in need of legal counsel is to their family and friends.  Not everyone has an attorney in his or her family, but most people have at least had some experience with one, and if the experience was good, that lawyer may serve as at least a good starting place in your lawyer search.  Whether you are shopping for a lawyer or any other type of service provider, using the people you know as a starting point is always a good idea.  And remember, if you are looking for a criminal lawyer or personal injury attorney, but only are familiar with an estate planning attorney, give that person a call.  Most likely he or she will know other lawyer who practice in the areas of law you are looking for, and most times he or she will be willing to give you some referrals to serve as a starting point in your lawyer search.

The next place people will often go is the Internet.  Most prefer the Internet over the phone book for obvious reasons.  Online websites and lawyer profiles typically offer a person more insight into the law office they are researching.  Where ads in the yellow pages are usually overwhelming in number, as well as limited in information; online resources are able to provide pictures, background information and client reviews or testimonials.  

The last place people will go, usually because they feel they have nowhere else to go, is the phonebook.  Even when using the phonebook or an online lawyer directory, it is a good idea to visit websites and review client reviews before setting up any intial consultations.

How do I Decide?
Well, it’s not easy.  Again, as mentioned above the most important thing is to be comfortable with the person who will be representing you.  You need to feel confident that you can trust your attorney, and that you understand exactly what it is your attorney is going to try to do for you.  A few suggestions to take into account when interviewing prospective lawyers are referenced above; however, there are endless other issues to keep in mind depending on what is important to you; things as basic as location, office hours, direct access, support staff, size of the firm, and so on.  Searching for the right attorney does not have to be as complicated and daunting as some make it out to be.  The key is to do a little preparation ahead of time and make sure that you have a specific plan of action.

Car Accident Injury Cases and Other Types of Personal Injury Claims

1/10/201010:15:44 PM Link 1 comment | Add comment

Accident Injury, Auto, Insurance, Personal Injury, Personal Injury Attorney, Personal Injury Lawyer

Many questions arise after being injured in a car accident or any other type of personal injury accident, such as: do I need a personal injury lawyer, why do I need an attorney/lawyer, which personal injury attorney should I hire, who is going to cover my medical bills, will my health insurance cover bills for injuries caused as a result of my car accident, how long does the personal injury process take, what is the benefit of having an attorney to help me with my personal injury claim, and the list goes on and on. Throughout my next few blog posts, I will attempt to answer many of the most frequently asked questions that arise after being injured in an accident. I will discuss the benefits of having a lawyer to help you through the process. I will look at the personal injury claim process as a whole, discussing: how long the process can take, litigation versus other forms of dispute resolution, and valuation of claims.

Personal Injury Lawyers/Accident Injury Attorneys--Medicare Reporting Requirements

10/28/20093:40:42 PM Link 0 comments | Add comment

Accident Injury, Insurance, Medicare, Personal Injury, subrogation

The following was recently issued by the AAJ regarding new Medicare reporting requirements and "Set-Asides" on auto liability cases. Long story short--reporting requirements to stay the same for Plaintiff's lawyers in auto accidents.

EMERGENCY MEDICARE SET ASIDE INFORMATION

Dear Colleague:

In cases involving Medicare beneficiaries, attorneys for both the plaintiff and defendant are required to report certain information to the Centers for Medicare and Medicaid Services (CMS). In addition, any case settlement or judgment must reimburse Medicare where the Trust Fund has made conditional payments for medical costs. Under the Medicare Secondary Payer Act, attorneys have been settling cases involving liability claims without completing a Medicare Set Aside (MSAs) to account for future medical costs. However, attorneys representing claimants in workers' compensation cases have been preparing MSAs on a case-by-case basis.

It has come to our attention that some defense firms and insurance providers are now claiming that CMS requires MSAs in liability cases pursuant to Section 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007 (MMSEA), Public Law No. 110-173. This is false. Section 111 contains reporting requirements for responsible reporting entities(1) (RREs) only. Section 111 does not impact or change the requirements for plaintiffs' attorneys.

Moreover, statements from CMS, and other federal entities, make clear that the agency does not require set-asides for liability claims. Since the MMSEA's passage, CMS has held several Town Hall teleconferences to discuss the Section 111 requirements. During the March 24, 2009 call, Barbara Wright, CMS' Acting Director of the Division of Medicare Debt Management, made several statements reiterating that Section 111 has no impact on liability MSAs.(2) For example:

* In response to a question as to whether liability set-asides will be required under Section 111, she said "the point is the set-aside process is totally separate from the Section 111 reporting process. As we've said in more than one call we don't anticipate changing our routine recovery process." (Transcript, pg. 24)

* When explaining that worker's compensation agreements use a formal review process which makes set-asides recommended, she said that was in contrast to liability agreements. Liability "does not have the same formal review process although our regional offices will consider review of proposed liability set-aside amounts depending on their particular work load and whether or not they believe significant dollars are at issue."
(Transcript, pg. 24).

In addition, CMS also has released several Alerts explaining Section 111, which do not indicate any intent to require MSAs for liability claims. For example:

* "Unless you are a business entity which qualifies as [a required reporting entity (RRE)] for purposes of Section 111, you do not need to initiate any specific actions in connection with Section 111." (CMS Alert, 2/23/09).(3)

* "The new Section 111 requirements do not change or eliminate any existing obligations under the MSP statutory provisions or regulations." (CMS Alert, 2/23/09).

Moreover, the Congressional Research Service (CRS) provided Congress with an "objective and non-partisan analysis" analysis20of the MMSEA. As there was no legislative history regarding the bill, the CRS research report is the most reliable analysis of the MMSEA, including the Section 111 reporting requirements.

CRS' analysis of the Section 111 reiterates that it is a reporting requirement, and makes no mention of the need for set-asides in liability cases. The Section 111 analysis states, in part:

This provision requires an insurer or third-party administrator for a group health plan (and in the case of a group health plan that is self-insured and self-administered, a plan administrator or fiduciary) to (1) secure from the plan sponsor and participants information required by the Secretary for the purpose of identifying situations where the group health plan is or has been a primary plan to Medicare, and (2) submit information specified by the Secretary. If an insurer or third-party administrator for a group health plan fails to comply, then a $1,000 per day civil monetary penalty will be imposed for each individual for which information should have been submitted.(4)

If CRS believed that the legislative language implies any Congressional endorsement of liability set-asides, it would have been included in this analysis.

We hope this information will be useful in your settlement negotiations. We will keep you apprised of any changes regarding this issue. In the meantime, if you have additional questions, please contact Linda Lipsen, Senior Vice President for Public Affairs at 202-965-3500, ext. 305.

Sincerely,

Anthony Tarricone
President