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  • 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

     

     

  • Hot Coffee Documentary Illustrates the Insurance Industries Goal of Limiting Access to the Judicial System

    11/11/20111:43:30 PM Link 0 comments | Add comment

    Accident Injury, claim, injury, injury claim, Personal Injury Lawyer, tort reform, trial

     

    We posted a long time ago in anticipation of this movie.  Now that Hot Coffee has been released and shown to audiences for a number of months, we are again suggesting people take a look at the work that Susan Saladoff and others did in creating a movie that gives a great depiction of what the current landscape of personal injury litigation looks like.  Hot Coffee does a good job of presenting the side of insurance claims and injury lawsuits that is most often not experienced by the general public.  The movie uses the famous McDonald's hot coffee case as a backdrop for further discussion on how the insurance industry and big business lobby and spend enormous amounts of money to sway public opinion in an effort to limit their liability exposure.

     

    http://www.hotcoffeethemovie.com/default.asp

     

  • 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 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.

     

     

     

  • I was in a car accident, and now I have tons of medical bills. What now?

    6/1/201110:43:26 PM Link 0 comments | Add comment

    accident injury, attorney, car accident, injury, injury claim, medical bills, Personal Injury Lawyer

     

    There has been a lot of discussion regarding the healthcare industry over the past couple of years, and it is no mystery that medical billing can be confusing as all get out.  When you have an accident injury that was sustained in a car accident, your medical treatment is enough to worry about without having to worry about organizing your medical bills.  One trip to the emergency room for one person injured in an auto accident can result in a multitude of medical bills.  There is a facility charge for the hospital itself; there is a fee for the emergency room doctors; if x-rays are taken, there is an additional fee for the radiologist; and if you were transported by ambulance, there is a fee charged for the ambulance ride.  For ONE trip to the ER, a person will often times receive five different bills from five different places.

     

    If you are in this situation, an accident injury lawyer can help you organize your bills and create a plan for paying them with the help of insurance money.  An injury attorney will also be aware of applicable laws and regulations that may affect how you pay bills and what bills need to be paid when.  If you have been injured in an accident, consider contacting an accident injury lawyer in your area for a free consultation.  Often times, at the very least, your attorney can help negotiate reductions in the amounts you are required to pay back. 

     

  • Sprains, Strains and Automobiles – A story of car accidents, soft tissue injuries & insurance claims

    5/2/20119:24:31 PM Link 0 comments | Add comment

    attorney, back strain, car accident, injury, injury claim, insurance, neck strain, soft tissue

     

    Many times when someone is injured in a car accident they are diagnosed with having a “soft tissue injury”.  A soft tissue injury is an injury involving muscles, ligaments or tendons.  Sprains and strains typically fall into the soft tissue category.  Whiplash, probably the most common injury suffered from a car accident, is a soft tissue injury. 

     

    One of the biggest problems with soft tissue injuries is they tend to get lumped together as all being the same, when in fact there are many different kinds and degrees.  The reason that strains and sprains typically all get judged the same is because they are difficult to objectively evaluate.  Take a broken leg for example.  When someone breaks their leg, it is usually pretty clear that a bone within the leg is broken.  We know this because we can see the broken bone on an x-ray, and in extreme cases we can see the bone without an x-ray.  On the other hand, a soft tissue injury such as a neck strain presents more of a problem because you cannot see a neck strain on an x-ray or MRI. 

     

    Because of this, auto insurance companies often times do not take soft tissue injuries such as neck strains and back sprains seriously.  This attitude can be extremely frustrating, especially if you happen to be one of the people plagued with lower back pain that was caused in a car accident and still bothers you after years of physical therapy, spinal injections and massage therapy.  Physical therapy and chiropractic treatment are probably the most common treatments for soft tissue injuries; however, depending on the nature and location of your injury, there may be other options available.  Other types of treatment often seen in patients dealing with more serious soft tissue neck or back injuries are pain injections and/or radiofrequency treatments.

     

    If you have been injured in a car accident, there is a good chance you are suffering from some type of soft tissue injury.  If so, be ready for a battle with the insurance company handling your claim.

     

     

  • Medical Payment Coverage (Medpay) What is it? How is it used?

    9/26/20109:28:53 AM Link 0 comments | Add comment

    attorney, car accident, injury, insurance, lawyer, medpay

     

    Okay, you have been injured in a car accident. You have many questions such as – How does the insurance work?   Do I need to file a claim with my own insurance company? Who will pay for my medical bills? Will my health insurance pay for my injuries from the car accident? Do I need an injury lawyer? How much does an injury attorney cost? And the list goes on.
    Well, I am not going to answer every question you have with this blog post; however we will discuss payment of medical bills using medpay. If you are injured in a car accident in Omaha, Nebraska, you will be negotiating a lump sum settlement with the insurance company representing the driver who caused the car accident. In most circumstances, this means your car accident injury lawyer will be negotiating one settlement that will include money for medical bills, pain & suffering, lost wages, inconvenience, etc. If you and your car accident attorney are unable to reach an agreement with the at-fault person’s insurance company, the next step will be to file a lawsuit. 
    Now, you should not attempt to negotiate your insurance settlement until your injuries have healed completely, or you have reached your maximum medical improvement (MMI). Often times it takes months, or even years, before a person injured in a car accident is released from care by their treating physicians. In the meantime, the bills keep coming. One way an injured person can pay for their medical bills is by using medical payment coverage or “medpay”. Not everyone has medpay. Medpay is additional coverage that you can contract for when purchasing car insurance. Usually, if you carry higher than the minimum liability coverage and/or collision coverage for your vehicle, some amount of medpay will be included within your insurance policy. If you are injured in a car accident, you can use your medpay money to help pay for medical bills whether the car accident was your fault or not; however, if the accident was someone else’s fault, the medpay insurance provider may be entitled to subrogation (reimbursement from settlement) of amounts paid.
    Medpay can be paid directly to a treatment provider (i.e. doctor, physical therapist, chiropractor, etc.), or the injured person can submit receipts for their own reimbursement. Just because you have medical payment coverage does not mean you should not give treatment providers your health insurance information. First of all, medical payment coverage is capped at whatever amount you contracted for. Typically, a medpay policy will provide somewhere between $1,000.00 to $10,000.00 in coverage; however, many policies have no medical payment coverage at all and some have as much as $50,000.00. Again, it depends on what you purchase from your auto insurance company. Second, if possible, your attorney will attempt to have all medical bills first go through your health insurance before taking advantage of any medical payment coverage with an auto carrier.  The reason for wanting bills to first go through health insurance is that health insurance companies have contracted for reduced rates with almost all healthcare treatment providers. For example, if you have a doctor’s bill that is $1,000.00, your health insurance company will likely pay somewhere between $600.00 and $800.00, instead of the full $1,000.00 charged by the doctor’s office. This means at the end of your case if you have to pay an insurance company back (subrogate) with proceeds received from your injury settlement; you will only have to pay back $660 or $800, instead of $1,000.00. 
    Long story short, make sure to find out whether you have medical payment coverage as part of your current car insurance policy and, if so, how much coverage you have. Medical payment coverage is a great thing to include in your policy when purchasing automobile insurance coverage; and, in the event of a car accident, medpay can help pay for bills not covered by your health insurance, such as reimbursement of deductibles and co-pays. With that said, this post is a brief overview of medical payment coverage. If you have recently been injured in an accident, you should contact an injury attorney immediately to discuss your situation.

     

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