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  • Car Accident Injury Claims Revisited

    3/7/20129:37:13 PM Link 0 comments | Add comment

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

     

    If you are injured in a car accident, semi truck accident, or some other type of serious accident; your injury claim will begin with the at-fault person’s insurance company.  In general, you or your attorney will file a claim with the insurance company (or companies) providing coverage for the person (or persons) you are claiming caused your injuries.  Often times other claims will be filed as well, including a claim with your own insurance carrier (see previous posts involving medical payment, uninsured motorist and underinsured motorist coverage).

    It is your attorney’s job to keep the insurance companies up to date as to the status of your injuries and the nature of your treatment.  In the meantime, it is your job to listen to your doctors and medical treatment providers and to do everything possible to get yourself better.  In most cases your attorney will not (should not) begin to negotiate your injury claim until you are either better or have reached maximum medical improvement (i.e. you’re as good as you’re going to get). 

    During your treatment and after your release from care, your attorney will be gathering all documentation relevant to your injury claim (medical records, bills, lost wage documentation, photographs, etc.).  You and your injury lawyer will then discuss the strengths and weaknesses of your claim, any outstanding liens or subrogation interests, as well as expectations regarding settlement.  Then you will submit a demand for payment to the opposing party (typically through their insurance company).  You have now begun the negotiation process.  If you can reach settlement with the insurance company, congratulations, your case is over unless you have additional claims still pending.  Your attorney will prepare the proper settlement documents; finalize agreements for payment with any health care providers and/or health insurance companies; and then you will be good to go.  If, on the other hand, you are unable to settle your accident injury claim, your lawyer will file a lawsuit on your behalf.

    The injury lawsuit is your leverage during negotiations with the insurance company.  Without the threat of a lawsuit, you have no leverage when negotiating your injury claim.  With the exception of situations involving a breach of contract claim or bankruptcy, injury lawsuits typically involve suing the person who committed the negligent act which caused your injuries.  In other words, if Bill Johnson runs a red light and t-bones your car, you sue Bill Johnson, not State Farm orGEICO or whoever the insurance company is that represents Bill Johnson.

    Almost all lawyers who practice in the area of personal injury and handle injury claims on a regular basis operate on a contingency fee.  A contingency fee is a fee that is dependent on your recovery, and is usually figured based on a percentage of your total recovery.  If you get zero, then your lawyer gets zero; if you get a lot, your attorney will most likely get a lot.  Contingency fees exist for many reasons, but two of the most important are to give people access to the judicial system who could not otherwise afford it and to keep client and attorney interests aligned.

    Injury claims can be extremely frustrating.  Recovering from a serious injury such as a back injury, brain injury or joint repair is time consuming and requires extrme patience and hard work.  Make sure you sit down and discuss all aspects of your case with your lawyer at the very beginning so you have some idea as to what you should expect in the six to twelve months immediately following your injury claim being opened.  Injury claims can take either months or years to resolve.  Cases in litigation can last even longer, especially when appeals are involved.  It helps to know what to expect from the very beginning, and it is important to be on the same page as the attorney who is representing your interests.

     

  • No Contest Plea vs. Guilty Plea Revisited

    12/30/20112:08:27 PM Link 0 comments | Add comment

    accident, attorney, car accident, civil, claim, Criminal Defense, criminal law, criminal procedure, guilty plea, no contest

     

    We have discussed this topic before; however, lately our office has received multiple emails on the subject so we are going to revisit it.

    In a criminal case there are typically four options for the defendant when entering their plea to the charges in the information filed by the prosecution: (1) Not Guilty, (2) Guilty, (3) No Contest and (4) Not Guilty by Reason of Insanity.

    The Not Guilty plea is pretty self explanatory; if you plead not guilty you are saying you did not commit the criminal offenses alleged and that you wish to have your case heard at trial.

    The Guilty plea is also pretty straight forward.  If you plead guilty, you are stating that you are guilty of the offenses charged; that you do not wish to have your case heard by a judge or jury at trial; and that you are ready to receive your punishment.

    The No Contest or Nolo Contendere plea is where most people get confused.  A No Contest plea is treated the same as a Guilty plea for purposes of sentencing.  In other words, if you plead No Contest, the judge will treat you as if you have pled Guilty.  The only difference is that a No Contest Plea cannot be used against you in a separate proceeding, such as a civil lawsuit based on the same set of facts.  You most often see No Contest pleas when there is an issue of restitution in the case, such as damage to property, payment of medical bills, etc. 

    For example, if someone is charged with Willful Reckless Driving, and there was a car accident that resulted from the alleged criminal conduct, the person is not only facing criminal prosecution for the driving offense, but also potential civil liability from the person(s) who was/were harmed (i.e. the person they hit might sue them for money).  This is where the individual’s criminal defense lawyer will advise their client to plead No Contest instead of Guilty, if a plea agreement is reached.  The reason is that later on if their client is sued by the injured party who was hit during the accident, the injured party will not be able to use the No Contest plea against the individual they are suing for damages.

     

     

  • Semi Truck Accidents in the U.S.

    12/9/20118:18:05 AM Link 0 comments | Add comment

    accident, Accident Injury, attorney, car accident, injury, injury claim, insurance, semi truck accident

     

    Millions of motor vehicle accidents occur every year in the United States.  The majority of those accidents do not involve commercial vehicles or semi trucks.  In fact, only roughly 500,000 accidents involve semi truck trailers.  The problem; however, is that when car accidents do involve a semi truck, or other large commercial vehicle, the accident is extremely more likely to result in serious injury and/or death to one or more of the people involved. 

     

    In information released by the U.S. Department of Transportation, one out of every eight car accident fatalities is the result of a serious trucking accident.  There are roughly 5,000 deaths caused by semi truck accidents every year in the United States.  Tractor trailers weigh in excess of 10,000 lbs resulting in most of the truck accident deaths being the individuals riding in the passenger vehicle. 

     

    We have all experienced driving down the interstate in adverse conditions when a semi truck comes barreling by 10 to 20 miles over the posted speed limit, kicking up snow or spraying water onto your windshield.  Be leery when driving close to a semi truck and do not hesitate to contact authorities if you see a truck clearly being driven in a reckless manner.  You never know who that truck may run into down the road.

     

    If you or a loved one is unfortunate enough to be the victim of a trucking accident, contact a truck accident injury attorney in your city sooner versus later to discuss your options.

     

    Truck Accident Injury Claim Information

     

    Commercial Vehicle Regulations from the DOT Website

     

     

  • My medical bills from my accident are piling up. What should I do?

    11/8/20119:29:00 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, car accident, injury claim, insurance claim, medical bills, Personal Injury Attorney, subrogation

     

    After being injured in a car accident the last thing someone wants to deal with are the hundreds of different bills from medical providers, hospitals, health care providers and collection agencies.  Most people do not realize that more often than not you can negotiate the amounts you pay back for treatment received for injuries that were caused as a result of an accident.  Beyond the fact that many providers will accept lesser amounts when the bill is paid in one lump sum, injured parties are also entitled to other fee reductions as a matter of law.  There are reductions for attorney's fees if you have an injury lawyer handling your case; there are statutory requirements as to the amount that may be collected by a treatment provider when the injured party is covered by health insurance; and there are rules regarding an insurance company's subrogation rights when being reimbursed by their insured.  Receiving medical bills is always a pain, but at least you can take some comfort in that you will likely not be paying the full amount that you have been billed.

     

  • Alternative Dispute Resolution and Mediation

    9/20/20119:21:12 PM Link 0 comments | Add comment

    accident, Accident Injury, alternative dispute resolution, arbitration, attorney, car accident, injury, injury claim, Insurance, mediation, Personal Injury, trial

     

    Most people have heard the term arbitration, but few people truly understand what alternative dispute resolution entails and what options are out there.  Arbitration is typically a word you hear mentioned in the news or you see when rapidly scrolling through a contract on itunes.   The truth is many civil cases, including car accident injury cases, are resolved through alternative dispute resolution. 

     

    The two most common types of alternative dispute resolution (ADR) are arbitration and mediation.  The main difference between the two is that arbitration is usually binding on the parties, whereas mediation is typically nonbinding and less formal.  Mediation can be a great tool for reaching settlement in inury cases where the parties have reached a stalemate.  During mediation a nonbiased person (mediator) serves as a go-between for the parties.  The mediator is usually trained in mediation practices and is often an attorney with experience in the area from which the dispute arises.

     

    Every mediation is different, and different mediators have different styles and different ways of doing things.  Many mediators use caucusing during their mediations.  Caucusing is where the parties to the mediation are separated and the mediator goes back and forth between the parties in an attempt to facilitate discussion and further negotiation.  The mediator will try to give an unbiased opinion as to how he or she views the case, and will carry information back and forth between the parties.  

     

    Mediation is a great tool for resolving legal disputes without trial  Having a knowledgeable unbiased party available to facilitate discussion and provide insight, combined with having both parties together at the same time to discuss settlement often times yields better results than the more adversarial trial process.  Furthermore, one of the best things about mediation is that it is nonbinding, and if either party is dissatisfied they can walk away at any time.

     

     

     

  • 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.

     

     

     

     

  • Injured Neck or Injured Back From Car Accident - Soft Tissue? What does that mean?

    8/26/201111:44:13 AM Link 0 comments | Add comment

    accident, Accident Injury, back injury, back strain, car accident, injury, injury claim, insurance claim, neck strain, Personal Injury Attorney, Personal Injury Lawyer, soft tissue

     

    Two of the most common injuries caused in a car accident are injury to the neck and injury to the back.  For the most part, neck and back injuries sustained in an auto accident fall into two categories: (1) soft tissue or (2) not soft tissue.  

     

    Soft tissue technically refers to the tissue, tendons, muscles and ligaments, etc. within your body.  In other words, not bone.  However, in the insurance claims world, insurance adjusters use the term "soft tissue injury" to refer to pretty much any injuries they deem as insignificant (i.e. muscle strains, sprains, strained ligaments, etc.).  Whiplash is an example of what is commonly referred to as a "soft tissue" injury.  However, those of us who have suffered from injuries to our neck or back know that these injuries can be very painful.  At the very least, these injuries create discomfort and inconvenience.  In more severe cases, neck and back injuries can be debilitating.

     

    The difficulty with most neck and back injuries is that they are often very subjective.  Unless you have a fracture or a serious disc herniation/protrusion that shows up on an MRI, it is difficult, if not impossible, to show someone your injury.  It's not like a broken bone where you say here it is; look at my x-ray, I have a broken arm.  Insurance companies do not like things they cannot see, and adjusters are basically trained to believe that "soft tissue injuries" are not substantial injuries requiring treatment.  As far as insurance companies are concerned all strains and sprains are the same, chiropractors are frauds and no soft tissue injury should require more than three to four months of treatment.  The reality is even a "soft tissue" injury can be very serious and painful; and more serious strains can take months if not years to resolve.

     

    If you sufferred a neck or back injury in a car accident make sure you know the extent of your injury before even attempting negotiating an injury settlement; and do not be afraid to get a second opinion or speak with an injury lawyer before entering into negotiations.  

     

  • Car Accident Injury Top 5 Questions & Answers

    8/14/20112:09:09 PM Link 0 comments | Add comment

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

     

    1) Q - What should I do if I am injured in a car accident?

         A - Go to a doctor.  If you sustained serious injuries in an accident, the first thing you need to do is get checked out by a licensed physician to make sure you are okay.

     

     

    2) Q - Who will pay for my doctors' bills?

         A - Insurance.  The whole answer is significantly more complicated; however, insurance will pay for your bills if it exists.  If you have health insurance, submit your bills to your health insurance carrier as you typically would after going to the doctor any other time in your life.  You should also check to see if there is any medical payment coverage available through your own auto insurance carrier.  Often times, persons injured in car accidents are reluctant to give out their health insurance information because they think the at-fault party should be responsible for their bills.  They are correct that the at-fault party is financially responsible; however, you do not want to miss out on contractual reductions in your medical bills or have your medical bills end up in collections while you are waiting to settle your claim or go to trial.  Your health insurance carrier can always place a lien in your injury case file for any bills they pay out on your behalf for treatment of injuries sustained in the accident.

     

     

    3) Q - Should I open a claim with my own auto insurance company even if the accident was not my fault?

         A - Yes.  First, most car insurance contracts require you to notify your company after you have been involved in a car accident.  Second, you may have coverage with your own insurance company that you can use to help pay medical bills or receive additional money for pain and suffering should the person that caused your accident not have insurance or be underinsured.

     

     

    4) Q - I was injured while driving my friend's car.  Which insurance company should I notify?

          A - When in doubt, ALL of them.  The person's insurance who caused the accident is the "at-fault" carrier and will be responsible for compensating you for medical bills, lost wages, pain & suffering, inconvenience, etc.  Your friend's car insurance coverage follow's the car and will provide insurance coverage if the at-fault party is uninsured or underinsured and may also provide medical payment coverage.  Your own car insurance will provide potential uninsured or underinsured coverage, as well as medical payment coverage if you have contracted for it.

     

     

    5) Q - Should I hire an attorney to represent me in my accident injury claim?

         A - Maybe.  Whether you need legal representation for your injury claim depends highly on the circumstances surrounding your accident and the nature of your injury.  If you suffered very minor injuries, and you are positive that you have fully recovered, then hiring an injury lawyer may be unnecessary.  However, if you sustained serious injuries in your accident and/or liability or causation is at issue, you will definitely want to retain counsel to represent you in your injury claim.  Regardless, most injury lawyers offer a free consultation, so it is always a good idea to speak with an injury attorney in your city before settling your claim with the insurance company.

     

     

     

  • Medical Records and Medical Release Forms

    8/1/20119:24:00 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, Auto, bills, car accident, injury claim, insurance, medical information, Personal Injury Lawyer, records

     

    We have discussed medical release forms before, but this is a topic that comes up over and over again when discussing accident injury cases.  Because of current privacy laws protecting personal medical information, medical record release forms must be signed before a treatment provider will release records and/or billing statements to an insurance company or law office. 

     

    Often times, the other driver's insurance company will send you medical release forms immediately following your accident.  You are NOT required to sign these forms just because the insurance company asks you to.  Many insurance medical record release forms are unrestricted and give the company access to pretty much any and all of your medical information, whether it relates to your car accident or not.  If you are injured in a accident, speak to an injury lawyer before blindly signing any forms requested by any insurance companies.

     

    Now sometimes you are placing an injury claim with your own auto insurance carrier.  In this situation, you ARE required to provided medical release forms.  The reason for the difference is because of the direct contractual relationship that exists with your own auto insurance company. 

     

     

  • How long do I have to pursue my car accident injury claim?

    7/27/20119:42:48 PM Link 0 comments | Add comment

    accident, Accident Injury, attorney, Auto, car accident, injury claim, Personal Injury Lawyer

     

    Typically, in Nebraska you have four years from the time of your accident to pursue your injury claim.  This time period can be significantly less, however, if the person who caused the accident is some type of government employee and was on duty at the time of the accident.  For example, if your car accident was caused by a negligent police officer you have one year to properly put the city on notice of your claim and two years to file your lawsuit.  There are certain requirements that must be met to preserve your car accident injury claim, so if you have been in an accident it is always better to consult with a lawyer in your city sooner versus later.

     

  • 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.

     

     

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