Personal Injury Law Blogs

Why Your Health Insurance Hates Your Car Accident

Below is a guest personal injury law article regarding health insurance and car accidents from Rick Console, a New Jersey personal injury attorney. Rick is the founding partner of Console and Hallowell P.C., an award-winning law firm representing accident victims across New Jersey and Pennsylvania.

Private health insurance is a job perk for many employees across the United States. The access to affordable healthcare helps prevent and treat a number of illnesses that might have gone unattended otherwise. In Georgia and other states across the country, you have an option to declare Georgia Medigap insurance coverage as your primary care provider in a car accident. This declaration means private health coverage pays for related medical expenses before personal injury protection or PIP coverage under your auto insurance.

The choice can make it easier for your family doctor to submit insurance claims for payment, but you also give your health insurance provider rights to your settlement money.

In any car accident, it’s important to have an experienced legal team on your side. Competent attorneys act as shields between you and insurance companies or healthcare providers trying to force you to pay inflated medical bills or get you to agree to settle your case for a smaller dollar amount. For example, a New Jersey man sustains serious injuries in an accident involving a tractor-trailer. He’s elected his private health insurance as the primary insurer. The Newark truck accident attorneys in charge of his case can work with his health insurance provider to reduce his medical bills relating to accident. This action increases the total settlement he can receive from his personal injury claim.

What is Personal Injury Protection Coverage?

Personal injury protection or PIP coverage is a selection under your auto insurance policy that pays for medical expenses that treat your related injuries. PIP coverage through your auto insurance is the default primary insurer when you’re in a car accident. Choosing to switch that coverage to your private health insurance involves an entity that doesn’t have the legal obligation to pay for your crash-related injuries that your PIP coverage carries. Because of this, your health insurance has the right to claim a portion of any settlement you receive to recoup expenses related to your treatment. In New Jersey, the minimum required personal injury protection coverage for auto insurance is just $15,000.

In a car accident, ambulance services and other emergency care can easily exhaust the limitations of an auto insurance policy with only the minimum PIP coverage. Increasing the maximum coverage under an auto insurance policy into the $100,000 range doesn’t substantially raise monthly/yearly premiums. Paying a couple hundred dollars extra per year in insurance is a small price in the face of six-figure medical bills.

Health Insurance Collection Practices

If you select your health insurance policy as the primary coverage for medical expenses in an accident, your health insurance provider may file a medical lien against you to ensure the company receives proper compensation. A medical lien is a form of security interest used to guarantee payment for a debt – in this case, the medical bills from your car accident. Unless you act to reduce or eliminate the lien, the action reduces your civil settlement by the lien’s total amount. If the lien is larger than your settlement, you may receive zero compensation. To avoid this circumstance, declare your PIP coverage as your primary care provider for auto accident injuries. Once your bills for your injuries exhaust your PIP insurance, your private health insurance can handle the remaining balances.

PIP coverage is there as part of your auto insurance solely to pay for medical expenses resulting from an auto accident. Failing to take advantage of this coverage allows your insurance company to take your premium money each month without having to payout a dime when you’re hurt. Using PIP coverage doesn’t entitle your insurance company to any portion of a settlement you may reach in connection with your accident. Retaining a larger portion of your settlement is important to replace your lost income and restore your quality of life. The last thing you want is for everyone else to profit from your misfortune and leave you to pay the bill.

Three Key Components of a Personal Injury Claim

If you’re hurt as the result of an accident or you’re injured by a defective product, you may be eligible to seek compensation for your medical bills, lost wages and pain and suffering. In order to do so, you will need to file a personal injury claim against the responsible party. A personal injury claim involves three key elements and it’s important that you understand what these components are to determine whether you may be entitled to damages.

I. Liability

The first component of a solid personal injury claim is liability. Not only can these procedures not be too straight forward at times, but the terminology can throw you for a loop at times. For an example, lets look at liability.

Liability means that someone else can be held legally responsible for an action that resulted in an injury. For example, if you’re injured as the result of a car accident, liability depends on whether the accident occurred due to negligence on the part of the other driver. Negligence refers to a failure to use reasonable care to prevent an injury or accident.

Liability applies to both individuals and organizations, such as companies that manufacture defective or harmful products. It should go without saying, but it is strongly suggested you hire a tried-and-true personal injury attorney to assist you. They will be able to helpfully inform you of the steps to take in order to follow proper procedure. Not only that, but if you are going up against a company they will have capable lawyers, and as such you will need someone with experience to help you mount a defense in order to be successful.

If you’re injured as the result of someone else’s negligence on their property, the doctrine of premises liability will apply in these situations. For example, if you slip and fall on a broken or damaged sidewalk and the property’s owner was aware of the potential for an accident but did not take steps to avoid it, they may be held liable for your injuries.

II. Injury/Damages

The second requirement of a personal injury claim with personal injury attorneys is that you must have suffered some type of injury or sustained other damages. There are a wide variety of damages or injuries that you may be entitled to compensation for. These include:

  • Physical injury
  • Pain and suffering
  • Permanent disability or impairment
  • Lost wages
  • Medical bills
  • Mental anguish
  • Loss of consortium
  • Wrongful death
  • Decrease in quality of life

Your personal injury lawyer can evaluate the facts of your case in order to help you determine what type of damages you may be entitled to and in what amount.

III. Recovery

Finally, you must be able to recover the damages you’re entitled to for your injuries. When a judgment is entered against a defendant, it simply means that the court has deemed the person or entity financially responsible for the outcome of their actions. Additional action is needed in order to recover the judgment itself. If an individual or entity is financially unable to fulfill the terms of the judgment, you won’t be able to recover the money you’re entitled to until their circumstances change. For example, if you sue your neighbor for damages after their dog bites you, a judgment in your favor does not guarantee that you will recover your costs if they lack sufficient insurance or cash resources to pay your claim. The judgment will remain in place but it may take years for you to collect.

Whether your injuries were caused by a car accident, workplace incident, defective product or other circumstances involving negligence, it’s important that you speak with an experienced personal injury attorney to protect your rights. Your attorney can tell you whether you have grounds to file a personal injury claim and the potential for a successful outcome.

Tort Reform’s Effects: Intended Versus Actual

As we saw in this Tort Reform article, the proposed U.S. H.R. 5 Act is a big issue to Americans.  The act will place a $250,000 cap on noneconomic damages in all U.S. medical malpractice lawsuits.  Most think this is a good thing.  According to the Congressional Budget Office (CBO), tort reform could save the U.S. government $54 billion dollars in 10 years.  This is because “Tort reform could affect costs for health care both directly and indirectly: directly, by lowering premiums for medical liability insurance; and indirectly, by reducing the use of diagnostic tests and other health care services when providers recommend those services principally to reduce their potential exposure to lawsuits.”  But the question is: Will tort reform really do as it is predicted?

The Act tells citizens what it wants to do and how it wants to do it; but what it doesn’t specify is how the plan will work.  And the way it will work is a ripple of cause and effects that will ultimately lead to a decrease in medical malpractice lawsuits.

First, in placing a federal cap on noneconomic damages, tort reform will diminish lawyers’ incentive to both specialize in medical malpractice and take medical malpractice cases.  In limiting how much plaintiffs can receive for in noneconomic damages, i.e. compensation for the pain and suffering caused by a negligent health care professional, the federal act will ultimately limit how much money lawyers can take home when they win a case.  And because, as with anyone trying to make a living, lawyers work to make money, they will change professions or be highly selective in the medical malpractice cases they take.  This was seen in Texas, which implemented a $250,000 cap on noneconomic damages in medical malpractice cases in 2003.  The state saw nearly 95 percent of its medical malpractice lawyers either stop taking medical malpractice cases or leave the state.

Second, because there will be fewer lawyers to take medical malpractice cases and those that do will be incredibly selective in the cases they take, a dramatic decrease in the number of medical malpractice claims filed will be seen throughout the United States.  And because the majority of such claims are not frivolous despite media and political rhetoric, what this means is that those injured due to medical negligence will have high long-term medical bills that they might not be able to afford.  In Texas, both Medicaid and private health care costs increased in the 4 years following the caps implementation.

Third, with fewer claims filed, medical malpractice insurance companies will see a decrease in indemnity payments, i.e. insurance payouts for lawsuits brought against their insured physicians.  In addition to paying out less due to less lawsuits, medical malpractice insurance companies will being paying out less on medical malpractice cases in which the plaintiff settled or won their case because of the federal caps.

And this is where federal tort reform seems to be a success.  However, what it seems and what it is are two different things.  The idea was that in decreasing medical malpractice insurance companies’ expenses, said companies would lower the insurance premiums their insured doctors must pay.  This, in effect, would be savings passed down the line to patients and would lower health care costs.  Instead, insurance companies have pocketed the savings tort reform brought them.  According to the American Association for Justice, “In states with caps, the average loss ratio is 24 percent better than in states without caps. The same is true if profitability is measured by other methods.  ‘Profits on insurance transactions,’ the amount of money the industry makes on premiums alone was 25 percent in states without caps, but a significantly higher 45 percent in states with caps….  In states without caps, insurance companies took in just over twice what they paid out in 2008. However, in states with caps, insurance companies took in 3.5 times what they paid out. In effect, insurance companies continue taking in the same level of premiums, but pay out less in states with tort reform.”

So what will tort reform really accomplish?  The answer is three things.  It will save the government money by cutting down the number of lawsuits in courthouses nationwide.  It will increase the profits medical malpractice insurance companies make.  If states with caps are any indication of the effects federal tort reform will have, citizens, doctors, and personal injury lawyers specializing in medical malpractice can be sure to suffer while big business and government benefit.

Injuries on the golf course: Anthony Phee v James Gordon & Another [2011] CSOH 181

Judgment in the case of Phee v Gordon was delivered last year, although I thought it would be useful to remind readers of its importance, not just within delict under Scots law, but also for golfers and insurance companies across the UK.

To summarise, a golfer named Anthony Phee who lost an eye after being hit by a golf ball at Niddry Castle Golf Club in Scotland succeeded with his claim in the Scottish courts, winning almost £400,000 in damages. The Outer House of the Court of Session held that the golfer who struck Mr Phee was 70% liable for the accident and that the club was 30% liable. Not only does Anthony Phee’s case set a useful precedent in terms of golf ball injuries and in respect of the law of delict under Scots Law, it also has practical implications for golfers and their clubs particularly in respect of insurance.

This blawger has been in the unfortunate position of having struck someone on the head with a golf ball before. And indeed I have been on the receiving end of a few golf shots, one of which caught me on the right temple. At dinner conversations this usually prompts the response ‘Is that what happened to you?’. With lawyers at the table, it also sparks a discussion of volenti non fit injuria i.e. ‘to a willing person, injury is not done’. The Phee case will have a strong bearing on such discussions in the future. The facts, which are important, are as follows:-

Facts

On 10 August 2007 the pursuer, Anthony Phee, was playing golf at Niddry Castle Golf Course in West Lothian Playing in the company of three of his work colleagues having been admitted as guests through a member of the club, who did not accompany them on their golf round.

The pursuer was the victim of a serious accident when he was struck in the eye by a golf ball driven by the first defender, James Gordon. The locus of the accident was a spot on a path leading between the 6th green and 7th tee, approximately 15 metres or thereby short of the 7th tee. They were following a path along the edge of the 18th fairway.

The path was narrow, being bounded on one side by the 18th fairway and on the other by gorse bushes.  The 18th tee was facing them. A person driving a golf ball from that tee would strike the ball down the 18th fairway, the ball travelling in the general direction of the pursuer and his playing companions.

At the point where the accident happened the group, including the pursuer, were approximately 150 yards from the 18th tee. The defender was aiming at a target area approximately 200 yards in front of the tee and at least 65 yards left of the pursuer.  His shot was a bad one and he immediately became aware that it had veered sharply to the left and was therefore travelling directly in the direction of a group of golfers, the pursuer and his three companions, whom he could see in the distance approaching the 7th tee.

He gave evidence that he immediately shouted “fore” in a loud voice. He also gave evidence that his playing companion also shouted “fore” and may also have added a shout of “get down”. The first that the pursuer was aware of this occurrence was when he heard a shout of “fore”. He heard only one shout of “fore”. He heard no other warning shout. At the time he heard this shout he was pulling, holding with his right hand, a golf trolley. He did not know where the shout of “fore” had come from. His immediate reaction was to duck or crouch down and place his left, or free, hand over his head whilst at the same time trying to look upwards.

Whilst in this position he was struck in the eye by the golf ball which had been struck by Mr Gordon. The pursuer’s three companions also heard the shout of “fore”. None of these companions could recall hearing a second shout of “fore”. None of them heard a warning shout of “get down”. These three persons all took avoiding action by ducking and putting their hands over their heads. The pursuer and his three playing companions all gave evidence that had there been any warning signs on the path between the 6th green and the 7th tee they would have had regard to them and heeded any precautionary instructions given.

The pursuer, having lost his eye through the injury sustained, raised an action for damages at the Court of Session following the incident against two defenders. The first defender, James Gordon, was the person who struck the golf ball which hit Mr Phee causing him to sustain injury. The second defenders were the members of the golf club who occupied and operated the golf course where the accident occurred.

The pursuer averred that his loss and damage was caused as a result of fault on the part of the first defender.  The case against the second defenders was based on a breach of obligation under and in terms of section 2(1) of the Occupiers Liability (Scotland) Act 1960.

More detailed facts are set out in the full opinion here

Held

The Court held in favour of the pursuer, noting that when Mr Gordon arrived at the 18th tee on the day in question he made the error of overestimating the likelihood of his tee shot following its desired or intended path to its intended target and, simultaneously, underestimating the degree of risk to which his shot would place the pursuer and his three companions then proceeding on the path between the 6th green and the 7th tee.  On the basis of his own evidence these errors were caused by an inflated degree of confidence.

As a result of this overconfidence Mr Gordon made his tee shot at a time when the exercise of reasonable care should have informed him that there was a foreseeable risk that his shot might be bad and might encroach on the area being crossed by the pursuer.

The court considered that the risks “should have been within the contemplation of Mr Gordon because he should have appreciated that every golfer, no matter his or her degree of competence, will make bad shots. Further he should have appreciated, as a matter of commonsense if nothing else, that the lower the degree of skill of a golfer the more likely there is to be a bad shot. He should have appreciated that, at the material time, he was a golfer of, at best, moderate skill and therefore he was more likely than a more skilled golfer to make a bad shot.”

Further the court stated that Mr Gordon should have appreciated, ‘as a matter of commonsense if nothing else, that the lower the degree of skill of a golfer the more likely there is to be a bad shot.  He should have appreciated that, at the material time, he was a golfer of, at best, moderate skill and therefore he was more likely than a more skilled golfer to make a bad shot.’

Lord Brailsford therefore found that primary liability for the accident sustained by Mr Phee rests with Mr Gordon, the first defender.

Regarding the second defenders, the golf club, the court considered their attitude in assessing risk unduly restrictive and by failing to take a more proactive approach, the second defenders were failing in a duty owned to persons coming on to the course.

Expert evidence indicated that signs would have been a proper and effective way to draw risk to the attention of golfers and that such signs, had they existed, would have been likely to have been heeded. The court accordingly formed the view that the failure to provide signs either at the 18th tee or in the area between the 6th green and 7th tee was a failure of duty by the second defenders.

Approaching the matter of responsibility the court found that primary responsibility lies with the first defender, Mr Gordon, whose failure lay in failing to exercise reasonable care in the execution of his drive shot.  It found that he was 70% responsible for the accident which occurred and that the remaining 30% of liability rests with the second defender for their failure to place signs at appropriate places on this golf course.

Useful commentary

Michael Nicolson, partner at Harper Macleod, wrote this useful analysis piece in the Law Society of Scotland’s Journal.

Paul McConville provides useful comment in his Scots Law Thoughts Blog.

Anthony Phee himself said  “I am delighted at the judgment and relieved that the court case is over.

“No-one expects to lose an eye when they go to play golf and adjusting to partially losing my sight has been a harrowing experience. I now just want to move on with my life.

“I would like to thank my legal team for their support and consideration throughout this long and distressing ordeal.”

David Sandison, Senior Partner of Lawford Kidd, Solicitors in Edinburgh, Scotland, said last year: “We are delighted that after a long struggle Mr Phee has been awarded compensation for his injuries. Damages have been agreed at around £400,000.”

Concussions, Brain Injury Claims and the NHL

Below is a guest personal injury article regarding concussions, brain injury claims and the NHL.

One of the worrying factors that the NHL seems to be unable to control is the high number of concussions and brain injuries that the players sustain during the games. For the first time, the league disclosed the fact that the number of concussions in this season is on par with last year’s number. When such accidents happen it would be interesting to find out how many (if any) players decide to file brain injury claims for the injuries that they have suffered.

NHL obviously doesn’t release the exact number of victims of head injuries but it states with serenity that it does not have a concussion–related crisis or epidemic. However, despite what many players, agents and media representatives suggested, NHL had no proof to sustain their claims.

What is more worrying is the fact that almost anyone that has any connection with the league can recite the names of the most famous players that have been injured. However, how many third and fourth line players have been injured and nobody has a clue how they are, if they have presses head injury claims or not and so on. The main concern is that it will take a lot of concussions suffered by the star players for the NHL to admit the fact that they have an epidemic on their hands. The average player that was traumatized by the game and is now suffering brain damage is surely disadvantaged in this situation where the only thing that he can do is to file brain injury claims and start a legal fight with the NHL.

The fact that some players are superstars and some are not should not be measured in the concussions that one has to sustain until his rights are respected. More safety equipment, the red line introduced back in the field, hiring a team of experts in order to analyze the problem and give reasonable conclusions and advice. All of these are very important aspects that should be at least taken into consideration.

When you have been involved in this kind of accident then you should make sure that you file head injury claims. This is the only way that one can make sure that his rights are respected and that you receive the compensation you deserve. With the right financial help you will be able to pay your medical treatment and you will also make sure that your family won’t have to support you with money.

If you are planning to file head injury claims then you should make sure that you hire the best solicitors in order to help you. With their expertise and their help you will be able to win the case in court and not have to worry about the legal process. Brain injuries can leave you paralyzed, unable to speak or move for the rest of your life. You will need constant medical attention and care and this is why you have to file claims. Receiving compensation for your medical care is the only way you will be able to make sure that you will have a chance in the future.

Skilled Insurance Attorneys Win Clients’ Major Claims

Below is a guest article regarding insurance and personal injury claims. Further guest blog posts welcome – hit the blue button to begin.Skilled insurance attorneys

All the reassuring advertising means nothing when you file a claim with a major insurance company. Attempting to negotiate for an equitable settlement, you are in the hands of nasty companions, and mayhem rules. You need a skilled, experienced attorney’s professional assistance.

Medical, accident and worker’s compensation insurance should pay all reasonable costs of treatment and recovery regardless of people’s recklessness, negligence, or legal responsibility. Accident insurance usually covers lost wages and “loss of the enjoyment of life,” and worker’s compensation should provide income protection and pay the costs of retraining if you cannot resume your regular job duties. Note the qualifiers “usually” and “should.” In disputes over claims, insurance companies become their policy holders’ bitter, brutal adversaries. In fact, generating settlement offers, the biggest insurance companies feed numbers into their “actuarial calculation” software, which runs a few algorithms and spits-out the lowest possible offer. The process works efficiently but not equitably.

Of course, insurance companies employ legions of accountants and attorneys. If you attempt to negotiate on your own, the company has you considerably out-manned and out-gunned. Insurance industry analyses routinely show only one in five claimants successfully negotiates on his or her own behalf, winning compensation up to legal and policy limits. The converse also applies. Nearly 80 percent of claimants who retain legal counsel win compensation up to, and sometimes beyond, policy limits.

Retain an attorney who knows insurance.

In their practice of the law, attorneys draw a subtle but important distinction between personal-injury practice and practice focused on insurance law. Personal injury lawyers file civil actions against people who behave recklessly or negligently; insurance lawyers focus on collecting fair settlements from large carriers, forcing them to comply with statutes regulating insurance coverage and compensation. Personal injury law focuses on people’s bad deeds; insurance law focuses on big companies’ cold, callous stinginess. You absolutely should contact an insurance law practitioner when…

• the insurance company denies a legitimate claim.

These cases typically defy all logic and common sense, because you and your symptoms clearly match the conditions described in your insurance, yet the company refuses to pay the costs of your treatment. Your attorney knows where, when, and how to work your leverage and win the payments you deserve.

• the insurance company tenders a “low-ball” settlement offer.

The more pressure you feel from the insurance company, the more you must understand the urgency originates in the offer’s inadequacy. People who represents themselves in insurance negotiations generally cave under the pressure, settling way too soon and for way too little. If your attorney exerts similar pressure for you to settle on a first or second offer, he may feel more eager to earn his contingency fee than represent your interests. A skilled insurance lawyer will demonstrate to you and the insurance company just exactly what you should receive, advising you not to settle for less.

• insurance companies claim conflicts between accident and personal injury policies.

This, too, defies most common sense, prompting the question, “What’s the difference between a personal injury and an accident?” In the law, the difference turns on fault. Personal injury coverage pays only when the insured clearly bears responsibility for your injuries; accident insurance covers you regardless of who must take responsibility. Some people carry both kinds of insurance, and some states mandate personal injury insurance only. A skilled attorney guides you out of this thick gray fog.

• you have a worker’s compensation dispute.

Worker’s compensation cases do not depend on proving that your employer failed to protect you; instead, they depend on proving that your treatment, recovery, and retraining genuinely will cost as much as you claim. Your attorney knows precisely how to assemble evidence and forecast expenses so that she can force the insurance company to honor its contract with you and comply with the laws in your state. Disputes usually focus on rehabilitation and retraining costs rather than payments for medical treatment, and the money you already have received matters little by comparison with the money you may receive in future payments. Your attorney knows the laws and formulas, and she speaks the language of insurance, so she takes away the company’s natural advantages.

• you feel overwhelmed, intimidated, and desperate.

Conscienceless and extremely cost-conscious, the insurance company gleefully will exploit your pain, fatigue, and stress. Skilled negotiation requires both knowledge and painstaking preparation, usually as much or more than going to trial. As you recover from your injuries, you naturally lack energy and stamina to do all the work you should. Your attorney relieves the burden and anguish, building your case as “zealous representation” demands.

A reputable, reliable insurance attorney will charge you nothing unless she prevails in your case. An excellent attorney even will dedicate part of her case evaluation to helping you assess whether or not the benefits of her advice and counsel justify the costs, because she understands as well as you do how her fees can wipe-out your gains from a relatively small settlement. Before you decide how to wage your legal war for just compensation, discuss your situation with a qualified insurance attorney.

Andrew Greene is a freelance insurance writer who blogs for ppiclaims.org.uk, a site he recommends if you’re looking to claim back your ppi.

Families Suing Over da Vinci Surgical Robot

Intuitive Surgical is facing at least two lawsuits over the da Vinci, a robotic surgical system used for laparoscopy. Earlier this month, a father sued the company alleging that the system caused burns in the artery and intestines in his 24 year old daughter during her hysterectomy which resulted in her death two weeks later. According to the complaint, poorly-insulated robot arms combined with the electric current contributed to the fatal injuries. The suit also emphasizes a lack of proper training for surgeons who use the device.

The most recent suit, filed by Gwendolyn Jones and Amos Jones Jr., also claims injuries caused by a botched hysterectomy. The Alabama couple asserts that the da Vinci caused damage to Mrs. Jones’ left ureter and bladder, and is seeking $490 million in damages. The couple is suing on the counts of pain and suffering, negligence, fraud, breach of warranty, unjust enrichment, and loss of consortium.

Based on these events, it appears that the da Vinci may be associated with complications such as burns or tears to blood vessels, intestines and uterus.

Vehicle Accidents: Facts, Safety Tips, and What To Do After An Accident

Automobile accidents are in the top 10 causes of death in the United States, so it’s no wonder that one can’t watch television or walk down the street without seeing a personal injury lawyer advertisement for those injured, or worse, in vehicle related accidents.

In 2009, there were 10.8 million vehicle accidents in the U.S. and of those, 30,797 were fatal.  Seventy-two percent of deaths were that of passenger vehicle occupants and 13.2 percent were those on a motorcycle.  Sadly, 2009 represents a year in which vehicle fatalities decreased for the first time in over a decade.

Given these bone-chilling statistics, how does one avoid accidents and act in the event of such an accident?

Basic Passenger Vehicle Safety Tips

  • Always direct your attention to the road;
  • Be aware of your surroundings;
  • Drive cautiously during times of poor weather;
  • Abide by road signs;
  • Don’t drive too fast or slow compared to the movement of traffic;
  • Always use your turn signals;
  • Allow dangerous drivers to pass you;
  • Ensure that you and your passengers always wear a seatbelt;
  • Avoid distractions, such as texting and driving.

Basic Motorcycle Safety Tips
All of the safety tips above apply to motorcyclists; additionally, here are a few more that precautions motorcyclists should take:

  • Always wear a Department of Transportation approved helmet;
  • Wear the proper cycling safety gear every single time you use your motorcycle;
  • Wear brightly covered clothing;
  • Be extra cautious of drivers around you as nearly 75 percent of motorcycle accidents involve another vehicle;
  • Take a driver safety course before you begin riding and periodically thereafter;
  • Avoid driving at night or early in the morning, or during times of bad weather as visibility isn’t good;
  • Practice defensive driving techniques in case a dangerous situation may arise;
  • Be aware of your surroundings at all times.

What To Do In the Event of an Accident – Passenger Vehicles

If you should find yourself in a crash situation, do the following:

  1. Assess your injuries:
    1. If injured, do not move because you may not understand the degree to which you are injured;
    2. If you do conclude that you are not injured, check to see if anyone else involved is injured and call for help if necessary;
    3. Take pictures of all damages sustained during the accident;
    4. Move the accident party, if possible, off of the road;
    5. File a police report if you were not the party at fault;
    6. Collect the other driver’s contact and insurance information, regardless of who is at fault.
    7. If the accident was not your fault and the other driver’s insurance does not fully cover damages to your car or your medical bills, contact a car accident lawyer.

What To Do In the Event of an Accident – Motorcyclists

As a motorcyclist, the steps for dealing with a crash are similar except for steps 1 and 7:

  1. Assess your injuries:
    1. If you laid down your bike during the accident, you will more than likely be injured.  Be very careful not to move until someone assists you.  Adrenaline and shock may prevent you from understanding or feeling how injured you are, and moving could make those injuries worse.
    2. If the accident was not your fault and the other driver’s insurance does not fully cover damages to your motorcycle, your medical bills, your lost wages, etc., contact a motorcycle accident attorney as soon as possible.

How to Choose a Personal Injury Lawyer

When you run into an accident, you need the help of a personal injury lawyer if you want to get the compensation you are entitled to. It does not matter whether the accident was your fault or not, you need the help of this professional. Some examples of accidents are fall accidents, violence by a third party, a car accident, which might cause broken bones, spiral cord injury, and other health issues.

You might wonder how you can get the help of the right personal injury lawyer for your particular situation. Your best friends and family members might have the answer, but here you can read many tips to help you pick the right one. It is important that you avoid dashing out and pick the first lawyer that you find. You might be tempted by many commercials that give you the best look of each lawyer that you see on the commercials. You also need to know how much they charge for their services. This way, they will not wipe out all your gains. It is useful to make out which lawyer has won most cases that are similar to yours. These are the facts you need to know.

You will be assessing their success rate and the way they manage cases. After doing this, you can decide on the right lawyer for your case and trust him/her. You also need to understand that you have to take action as soon as the accident happens. If you do not do it, then it might be too late for you in many cases. You have to file a claim using a limited time frame. The time frame depends on the region you live in, and you must know about it to avoid any of your claims being refused because you filed it at the wrong time.

It is useful that you call your lawyer before accepting any proposal by any person. The lawyer of the other party will try to find a direct resolution to end the case. You do not know the nature of your injuries because many of them will affect your health in the future. However, a personal injury lawyer will be able to help you because it is a simple job for him/her. You also need to make sure that your lawyer will get the maximum compensation package for you all the time.

Please do not worry if your insurance firm seems that they do not want to help you. You just need to hire a personal injury lawyer to deal with this situation. You also should understand that you have the right to claim compensation from the other party. The personal injury lawyer will help you get compensation for the cost of any medication and other expenses occurred in the hospital. Another thing that you need to remember is that you have to tell your lawyer every detail about the accident. This way, he/she will be able to get the right compensation for your case. Your lawyer will give you the advice you need to face these difficult situations.

by Paramount Lawyers

Common Questions That Come Into Mind While Hiring A Personal Injury Lawyer

Below is a guest personal injury article regarding some of the best questions to ask when hiring a personal injury lawyer.

A personal injury lawyer is required in situations where you or your loved one gets injured as a result of some else’s fault or actions and the responsible person or his insurance company is not willing to offer a fair settlement for your losses. Ideally, the person should offer a fair settlement for his actions but that rarely happens. However, there are many questions that come into the mind of a person who suffers injury and wants to get properly compensated. These questions and their proper answers are explained below.

Why exactly do I need the lawyer?

One might argue that they can represent themselves for claim negotiation with the insurance company but it is strongly advised that you take legal advice from experts in order to get a fair settlement amount. Insurance companies try to make profit by under-compensating the victims. Further, the lawyers working for these insurance firms know the law governing such matters in detail. It is very important that you are represented by an experienced personal injury lawyer in order to get proper compensation.

How much would the attorney cost?

Personal injury lawyers usually work on “contingency fee” basis. This means that they charge you only if they are able to win the case for you. However, even if you lose the case you have to pay for certain expenses such as the filing fee for the lawsuit. Usually, a personal injury attorney would charge anywhere between one third to 40% of the total compensation awarded.

Where to find a proper lawyer?

There are many sources to find a lawyer who can help you in getting proper compensation for your personal injuries. However, it is always better to go through a reliable source such as friends and family members. You can also refer to yellow pages or online directories to search for the proper attorney. If you know a lawyer whom you trust then you should ask him for some referral as he is in the legal segment and would definitely know about some good lawyers.

Do I have to hire an attorney if I meet him?

You don’t have to hire the attorney just because you met him. Further, you should ask if there is any consultation fee initially before you schedule your meeting. Personal injury lawyers usually don’t charge for the initial meeting but it is always better to ask if there is any charge for it or not.

Do I need to get a written retainer agreement?

It is always better to have a written retainer agreement as it is the best way to make sure that your rights are protected. Also, make sure that you take proper time to read the agreement before you sign it. If you come across something that you don’t understand then ask for clarification before you sign it.

I hope that this post would have answered some of your questions related to personal injury lawyers and would help you in perusing your claims much more effectively. If you have any question or want to add something of your own then feel free to comment.

About the author:

Steve Graham is Sr. Content Editor at Legaladvice(dot)com. Legaladvice(dot)com is progressive, fast growing corporate law firm providing structured legal services to common person looking for legal help. This law firm offers comprehensive integrated solutions across the entire legal services spectrum in the most time effective and cost effective manner.