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? If you have been injured in an accident the most important task you have is to seek medical attention immediately. After your injuries have been treated and your condition has been diagnosed you may be ordered by your physician to get more tests. One of the test they may order is called Magnetic Resonance Imaging (MRI). This is a non-invasive way to take internal pictures of the body. Unlike X-Rays and Computed Tomographic (CT) scans, which use radiation, the MRI uses powerful magnets and...
•Should Accident Victims Settle or Go to Trial
The age old question for a plaintiff attorney is whether to advise your client to accept the offer made by the insurance company or roll the dice and take the case to trial. Is this the best and highest offer you are going to get? Is it the bird in the hand or two in the bush? In the past I have used my own experiences along with the jury verdicts reports of trials with similar fact situations and injuries to determine the value of the case. Other intangible items such as the type of witness...
•How Does An Attorney Get Paid On An Automobile Accident Case?
? There are three common ways an attorney can get paid when they represent automobile accident cases. They may agree on a contingency fee which is a percentage of what is collected when the case has settled. A flat fee is another means of payment. It is an amount agreed on that is unchanging. The other means is by utilizing an hourly fee.
Contingency Fee: In most automobile accident cases a lawyer is paid on a contingency fee. Flat fees and hourly rates are different from this. A...
•Is COLOSSUS the Same as TEACH
What is COLOSSUS? The name sounds ominous, like something you should stay away from. This is the name of the computer program used by part of the insurance industry to systemize and minimize the amount of the settlement on your personal injury case. COLOSSUS is the program used by Allstate Insurance Company. TEACH is the State Farm version.
Almost all insurance companies use a computer program. Thi program is used for the purpose of helping the insurance company their money. This is done by...
•Finding the Best Accident Attorney for your Case
Believe it or not, not all lawyers are the same. Every lawyer is different and handles a case their own way within the bounds of the law. When choosing a lawyer, first and most important, you should be comfortable with that lawyer. It is the same situation as if you were choosing a doctor to perform surgery. If you do not feel comfortable with the doctor you will look for another one until you find one that you are comfortable with. The same is true with attorneys. If your gut is telling you...
•Is My Adjuster Really on My Side?
? You cannot turn on the television without seeing a commercial about an insurance company. You can more than likely fill in the following blanks: "You are in good hands with ...", "...is on your side", "...the good hands people", "like a good neighbor...is there". Are they really on your side? Are you really in good hands? And are they really like a good neighbor? If you have been in an accident you may find out the answer is "no".
You and your insurance company have a contract. The...
•Is it OK to Withhold Information From Your Attorney?
? This may seem obvious to you, but as an attorney not being aware of a critical fact and being broadsided by it by the defense attorney at trial is not fun. It is not fun for your attorney and in the long run will diminish the strength of your case. You can be relatively certain that the insurance company is going to find out whatever it is you are trying to hide.
I have an attorney friend who had prepared his client for his deposition. He felt the client was ready and well prepared. There...
•What Records Do Accident Victims Need to Keep?
? If you have been in an accident you will need to keep records of several things to insure your attorney has the all the information he needs. Having all information and records will increase your chances of a fair and just settlement.
You need to keep all of your receipts. Without documentation the reimbursement is much more difficult to attain. Keep your receipts for prescriptions and any medical bills that you pay. Also, if you have to pay someone to mow your grass, give you a ride to the...
•Four Tips to Remember in Property Damage Claims
There is nothing more frustrating than working with an insurance company after an auto accident. When your car is badly damaged, many insurance adjusters may consider it a "total loss". Other times, they might offer to repair the car. This depends on whether the cost of repair exceeds 80 % of the vehicles value. Either way the process of trying to settle your property damage claim begins.
I have listed four tips to remember when you find yourself in this position.
1. Insurance documents...
•Two Ways Your Accident Case Can Be Delayed
If you are a victim of an accident one of the most frustrating things is how long it takes to actually get to a fair settlement. Insurance companies tend to delay cases in an effort to wear the victims down and settle the case for less. I have listed a two of the most common delays for the consumer/accident victim to be aware of.
The Insurance Company Drags Their Feet in Accepting Liability for the Accident
This can and does happen all of the time. Your phone call isn't returned. Your FAX...
•Propert Damage Claims Tips
After almost 20 years of representing accident victims I have recognized how difficult it is for accident victims to achieve a fair and just settlement. The following tips will help you receive a fair settlement for your vehicle
1. Should I have my own insurance company handle the property damage? Even though the accident was not your fault, your own insurance company may offer to handle the property damage claim. This has pros and cons. Typically your own insurance company can handle the...
•Accidents Causing Traumatic Brain Injuries May Result in Vision Issues
When a person is in an accident and is injured the injuries causing the most pain or are the most critical are the ones that are treated immediately. Lacerations are stitched, a broken leg is set and suspected back and neck injuries are immediately set. The other injuries that are not so obvious are often overlooked. Because these injuries are often neglected the rehabilitation could take longer and in some instances be impaired.
Vision problems are one of the often overlooked problems...
•Bulging and Herniated Disk Treatment for Accident Victims
A bulging disk is a condition that manifests in the spine. Bulging disks usually occur in the lower part of the back or the lumbar region. The condition involves a disk that bulges through an opening in the spine. Occasionally bulging disks can affect the neck as well. Disks serve as a cushion for the vertebrae of the spine and are composed of a soft gelatinous material. Usually, but not always, a bulging disk is the result of aging. Another cause of a bulging disc is a traumatic...
•New Technology by Auto Makers to Reduce Accidents
It seems that every time you turn around there is something new and exciting available for new cars. It was at one point new and exciting to get a radio in your car. Now not only do you have a radio but it is a satellite radio with the capability to broadcast stations from all over the country. Multi disk cd players and dvd players are almost standard in vehicles these days. The latest trend is one I support totally. Automakers are moving toward using technology to make their vehicles...
•Accident Victims Commonly Suffer From Post Traumatic Stress Disorder
When people hear the term "post-traumatic stress disorder", commonly referred to as PTSD, they usually think of military personnel, usually soldiers who have seen active duty or seen battle are what the general public think when they think of when they hear PTSD. What is not commonly know is that accidents, whether they are auto, truck, motorcycle, bicycle or even pedestrian accidents are a major cause of PTSD.
In a book published by the American Psychological Association called "After the...
•What You Can Expect From Insurance Companies in Kentucky Accident Cases
The general public has some ideas about their insurance company and the services they will provide for them if they have been in an accident. Unfortunately many of these ideas are not correct. Two of the common misconceptions are the insurance company will give a reasonable offer if I just call them or write them a letter. Sadly it is not that easy. The other misunderstanding is the insurance company for the car that hit me has to pay my medical bills as I send the bills to them. Again, it...
•Accidents May Cause Back Injuries That Require Surgeies
When you are involved in an accident, whether it be a car, truck, or motorcycle accident, there is a good chance that you will injure your back. The severity of this injury can vary as can the treatment. Sometimes all you will need is rest and the pain will alleviate. Other times a few months of chiropractic care will be enough to eliminate your pain. Unfortunately, there are times when surgery is the only option.
As with any surgery that is recommended by your doctor it is always a good...
•The Accident Maze for Victims
You have been injured in an auto accident. What happens now? The first step is for you to receive the medical care necessary to get yourself better. Until you are recovered from your injuries or have reached maximum medical improvement your attorney will not be in a position to evaluate your case and make a decision as to whether to begin settlement negotiations with the insurance company or file a lawsuit (also know as Complaint).
Before knowing what happens during this process it is...
•Safer For Pedestrians by Auto-Makers Design
January 1st and October 31st are the two deadliest days of the year for pedestrians according to the National Highway Transportation Safety Administration (NHTSA). As for the deadliest season for pedestrians is the fall season, particularly during the hours of 6 p.m. and 9 p.m. The deadliest days of the week are Fridays and Saturdays. One in five pedestrians killed were killed in hit and run crashes. This report also states that pedestrian fatalities have decreased in the past ten years...
•How Scars are Treated After an Accident
As an accident victim there are many questions that pop up after an automobile, motorcycle, truck or bicycle accident. Some of the most common are; "How badly am I injured?" "Is my car totaled?" "Do I have enough insurance to carry me?" "Will this accident affect me for the rest of my life?" If you have been injured in an accident you know all of the questions that continually go through you mind. Once you have been treated and are recovering you may be faced with the issue of permanent...
•Kentucky Accident Attorney Explains Litigation Terms
How Long is the Statute of Limitations in Kentucky?
You only have a certain amount of time to settle your case or file a lawsuit. In Kentucky this time is two (2) years from the date of the accident or two (2) years from the date of the last medical no-fault payment is made not to exceed four (4) years. This deadline is called the "Statute of Limitations". Is your head spinning? As you can tell determining the statute of limitations is very technical. Either contact an attorney or play it...
•How to Play the Auto Accident Game
A game plan is necessary no matter what you do. Whether you are coaching a football game or planning your vacation you must know how you are going to get to your final destination. To know what you have to do to win your Kentucky car accident case you must first decide exactly what it means to you to win the case. What is a successful outcome? Winning means different things to different people.
What are you expectations? To some of us it may be fighting a case all the way through to the end...
•Just Because I Was In An Auto Accident That Wasn't My Fault There Is An Insurance Company That Will
There are many accident victims who are unfortunate to have misconceptions about car accident cases. They range from the idea that they are required to give statements to the insurance company when the insurance wants to the idea that Kentucky juries are generous. Another common misconception is "Just Because I Was In An Auto Accident That Wasn't My Fault There Is An Insurance Company That Will Pay My Medical Bills, Lost Wages And Pain And Suffering ". This is not true. It is your...
•Kentucky Accident Victims Are Not Required to Give Insurance Companies Statements
If you have been in an accident in Kentucky there are several items that will need your attention. As an accident victim you will need to see to your medical needs immediately. You will more than likely also need to deal with car repairs. Combine that with the anxiety you are experiencing because of the accident itself. One of the common myths about personal injury cases and how they proceed is whether you have to give a statement to the insurance company. Many people believe they have to...
•Settling Your Car Accident Case
If you have been in an accident in Kentucky and have reached the point of recovery, reached maximum medical improvement or finished your treatment all medical and employment records are ordered. Once the records are received a settlement brochure is prepared and then sent to the at-fault insurance company. If you can reach an agreement as to what your injuries are and what your pain and suffering from those injuries is worth you can settle the case.
Almost all insurance companies now use a...
•Safety or Comfort? Carbon Fork Bicycles
Safety or Comfort? Carbon Fork Bicycles I attended a seminar a several of weeks ago and was walking past the exhibitors tables when a broken bicycle fork caught my eye. I ride my road bike 2 to 5 days a week during the summer and into the fall this grabbed my attention. I stopped and began speaking with Erin Higinbotham, a licensed engineer from Robson Forensic. These expert witnesses testify in many types of accident cases, including what I was interested in at that moment, a broken front...
•Another Myth Dispelled by Kentucky Accident Attorney
If I Go To Court and Tell My Story the Jury Will Give Me a Reasonable Verdict Because Kentucky Juries Are Generous
If you have been in an accident in Kentucky you will be facing many decisions that may not be easy ones. If there has been substantial damage to your vehicle you may need to decide if you would be better off getting rid of it and obtaining a new one. One of the hardest decisions you will probably have to make is whether to take you case to court. Many will tell you that if you...
•What Is The Quickest Way To Get My Car Fixed After An Accident?
? One of the most stressful and frustrating aspects of being in an automobile accident is getting your car repaired or settling your property damage claim if your car is considered a total loss (totaled). You must wait for the insurance company to come and appraise your car and asses the damage done to it. You may not be able to drive your car or be embarrassed by driving a damaged car. These are only some of the issues that can aggravate you.
You have two options when it comes to getting your...
•Can My Social Media Sites Harm My Accident Case?
? Many of us have heard of Facebook, Twitter, My Space and other social networking sites. They are becoming more and more popular not only with kids but with all age groups. A recent prediction states the Soon Facebook will have more users over 50 than high school and college students. You may have read about employers using these sites to help screen job applicants or to check up on their employees. There are recent cases where jury verdicts have been over turned because jurors had made...
•Is My Kentucky Accident Case a Lottery Winner?
? MYTH: Being a Victim of an Accident Automatically Means A Lot of Money
There are many misconceptions about personal injury cases. The insurance industry is partly to blame for this misinformation. It is also due to the little amount of information that is provided to the general public on this subject. I am going attempt to clarify these myths once and for all. One of the most popular of the myths is that the accident victim is automatically going to get a windfall or in other words the...
•When You Have Been in a Car Accident Don't Move Your Car and Watch What You Say
Copyright (c) 2009 Michael Schafer
If you find that you have been in an automobile accident you will probably be amazed at the range of emotions that you experience. First of all you are more than likely suffering physical pain. On top of that you will become angry about the accident. It doesn't matter if you are the cause or not you will more than likely get mad bacause the accident occured. You will then become frustrated because what you should be happening isn't. You are beginning to...
•Is It Better To Settle My Accident Case Before I Finish My Medical Treatment?
? Copyright (c) 2009 Michael Schafer
From the time you arrive home from the hospital, and maybe while you are in the hospital, the insurance adjuster will begin to contact you, usually by telephone, sometimes in person. Be very cautious in your dealings with the insurance adjuster. The adjuster will more than likely come across as very sympathetic and concerned. Be careful.
What the adjuster is more than likely attempting to do is getting you to accept a settlement before you even know how...
•When Should An Accident Victim Sign A Release?
? Copyright (c) 2009 Michael Schafer
You should never sign a release without having it reviewed by your attorney. Once you sign a release for your car accident case it is over. You can not open up again ever. If you are signing a release early on in your case that is for the damage to your car make sure it states for property damage only, but it is best to have your attorney look at it before you sign it. Let me give you an example of the devastating affect the signing of a release early on in...
•Do I Have An Auto Accident Case?
? Automobile accidents cases include car accidents, truck accidents, motorcycle accidents, bicycle accidents, accidents involving pedestrians and fatal accidents (wrongful death cases). I know I am stating the obvious, but an automobile accident case is a personal injury case where an individual has been injured in a collision involving one or more vehicles. The accident was not their fault. Any type of vehicle can be involved in the accident. There are accidents every day involving cars,...
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