January 2, 2012
Tips for Settling Personal Injury Claims
Today’s blog post is a guest article from the people at the Injury Settlement Guide.
Have you been injured through no fault of your own? If so, then you likely have grounds for a personal injury case. These types of injuries can result in pain and suffering, as well as in high medical costs that you should not have to bear. Of course, it’s essential that you know a few things about settling personal injury claims before you do anything else. What do you need to know?
Time Is of the Essence
Perhaps the most important thing to understand about settling personal injury claims is that time is of the greatest importance. If you do not file your personal injury claim as soon as possible after the accident, any evidence of wrongdoing on the part of the business or other individual might be long gone. Without any evidence, it is your word against theirs.
Another reason that time is vital when settling personal injury claims is that there are limitations on how long you can go prior to filing your claim. If you exceed the statute of limitations, you’ll be on your own and will receive no help in paying your medical bills and no compensation for pain and suffering.
Things to Include in Your Personal Injury Case
Another important area when settling personal injury claims is to know what you should include in your claim. Some people will only seek compensation for their medical costs. However, chances are good that the injury cost you much more than what the hospital billed you for. You’ll have lost wages because of missed work, as well as medical expenses and even pain and suffering compensation to claim. If the injury resulted in the death of a family member, restitution for the surviving family should be the basis of your claim.
Getting Help with Settling Personal Injury Claims
Whether you have been injured by another individual or on the premises of a business, it’s essential that you find help for settling personal injury claims. Make sure that the attorney you hire is qualified and experienced in handling these types of claims. This is not an area of law where you can afford to take chances and you need to hire a lawyer who is on intimate terms with personal injury law to ensure that you have the best chance of a settlement with the insurance company or a beneficial ruling in court.
December 15, 2011
Important Elements to Include in Settlement Letters
Today’s blog post is a guest article form the people at the Injury Settlement Guide.
Your settlement letter is incredibly important, and getting it right the first time is vital. Settlement letters are what officially begin the process of working towards a settlement to your personal injury claim, so you need to make sure that you do things right.
There are several primary things that need to be listed in settlement letters: 1) your damages 2) a request for compensation for the aforementioned damages and 3) a discussion of the liability of the insurance company’s client. However, you need to do more than simply enumerate your damages and list what you’ll be willing accept in compensation for those damages. You need to be very clear about several things in settlement letters, including what makes you qualified to place these claims, why you’re laying fault at the insurance company client’s feet, exactly what injuries you sustained and exactly how much the damages are.
All of this sounds very simple, but it can be easy to get them wrong, as well. You will also find that while settlement letters are responsible for starting the process, they’re almost never the end of the story. It might seem like the insurance company would simply accept what you state and pay your claims, but it doesn’t always work that way. Remember that the insurance company is going to try to limit the amount of money they pay out to the lowest possible amount.
When writing settlement letters, you also need to understand that the letter will be used as a reference tool throughout the process. The insurance company will base all of their decisions on the contents of that letter. That means you need to ensure that the letter enumerates all of your compensation requirements or you will find that the amount you receive might be less than what you need. Make sure you list medical bill costs, as well as time lost from work due to your injuries in the letter.
Finally, you need to make sure that you structure the letter correctly. It needs to focus solely on the strengths of your case – the insurance company will already take into account any case weaknesses and those will be present in their counteroffer.
If all of this sounds rather complex, it certainly can be. Working with a skilled attorney at your side is the best way to ensure that settlement letters are structured correctly and that they clearly present all of your claims.
December 12, 2011
Assault Victims Have a Right to Personal Injury Claims
It’s a sad fact of life, but often, human beings treat each other pretty poorly. This can range from slights and snubs to racial or sex discrimination. It can also include assault – physical assault is a terrible thing for someone to have to suffer, but it occurs more frequently than you might imagine. While there is no way to wipe that experience from your mind, there is some hope. There’s no need to suffer the pain of an assault and the complications that come along with it. A personal injury claim can help you receive the restitution that you deserve.
What Can a Personal Injury Claim Help You Pay?
One of the first things you’ll encounter if you are the victim of assault is the fact that you have to pay medical bills. Whether your encounter resulted in minor bruises and cuts or broken bones, there’s likely to be a hospital bill involved. In many cases, particularly in severe assaults, you might have to stay in the hospital for several days, or even require surgery to repair the damage done. You should not be forced to pay for those high medical bills when your injuries were not your fault. A personal injury claim can help pay those medical bills and give you some financial relief.
Time Out of Work
Another common situation for assault victims is missing time at work because of their injuries. Most people cannot afford unplanned time out of work – particularly in an economy as bad as this one. With a personal injury claim, you can recoup your lost wages and ensure that your family does not suffer because of your assault.
How to File a Personal Injury Claim for Assault
While you can certainly press charges against the individual who assaulted you, this will be a criminal case. You can also file a personal injury claim, which will be a civil case. The first step is to contact a skilled attorney to provide you with advice about your options and how to proceed with your case. While it’s possible to represent yourself during these cases, it’s really not advisable. A reputable personal injury attorney has the skills and experience to go to bat for you in a court of law. You’ll also find that your chances of getting a beneficial settlement without having to go to trial are much better with a good attorney at your side.
December 2, 2011
Understanding How to Negotiate a Settlement for Personal Injury Claims
Today’s guest blog post is from the people at Injury Settlement Guide.
If you are involved in a personal injury lawsuit, negotiating a settlement is very important. If you are going it alone here, knowing how to negotiate a settlement will help ensure that you are able to get fair compensation from the insurance company. What do you need to know?
The Insurance Company Is Not on Your Side
The first thing to understand about how to negotiate a settlement for personal injury claims is that the insurance company is not on your side. They are interested in staying profitable, not in paying out, even if your claims are valid. Be prepared to be challenged on almost everything when you go it alone here. The adjuster is going to ask questions about every treatment or order by your doctor and you will have to substantiate those orders.
Turn the Tables
Another important thing to understand about how to negotiate a settlement for personal injury claims is that you need to turn the tables on the adjuster. Rather than being on the defensive and doing nothing but answering questions asked of you, you need to make the adjuster answer your questions. You will need to be able to negotiate just like a personal injury attorney and put the adjuster on the defensive. Please note that this does not mean you need to threaten, just that you need to remember that the adjuster is going to try to get off for as little money as possible – that doesn’t mean they won’t offer you the same amount as they would an attorney, though.
If It Comes Down to It, Hire an Attorney
There will come a point in your negotiations when the adjuster gives a final offer. You need to understand that this is not necessarily the end of the negotiations. If you accept that offer, you could be getting far less than you deserve. In learning how to negotiate a settlement for personal injury claims, you need to understand that you will have to be willing to be tough and to understand that your case can be moved up to a supervisor if necessary.
The best way to proceed in any personal injury claim is to work with a skilled attorney that can negotiate on your behalf. This is the only way to ensure that you are able to get the compensation that you deserve.
November 3, 2011
Chad Peery Lawsuit Filed
Nearly everyone has heard the terrible news story about Chad Perry and the bar fight at the Dan O’Briens Restaurant and Pub in Oklahoma City.
Mr. Peery (his attorneys) filed a civil lawsuit earlier this week against the idiots that beat him up, as well as the bar. For those interested, here’s a copy of the Petition. Bob Thomlinson at Thomlinson, Rust, McKinstry & Grable P.C. filed the suit. In addition to the battery claim against Rinken, Smith and Lopez, the suit alleges that the Dan O’Briens pub was negligent.
I’m sure Mr. Thomlinson is well aware of the “tort reform” that went into effect on November 1. That’s likely why the lawsuit was filed on October 31, 2011. Filing the lawsuit after the 31st would have limited Mr. Peery’s right to a civil recovery (but helped the insurance company that insures Dan O’Briens).
Some of the laws that went into effect this week that help insurance companies at the expense of people:
House Bill 2128
- This puts a $350,000 hard cap on non-economic damages in bodily injury cases.
- Note the bill has an exception where the judge and jury find that the tort-feasor’s action to be in reckless disregard of the rights of others, grossly negligent, fraudulent or intentional or with malice. This is obviously a higher standard than negligence, but as to the bar’s liability, it may not be met.
- The law doesn’t apply to wrongful death cases.
- Note that a jury is not told of this limitation. The court is to submit special interrogatories to the jury as to which of the damages are for economic and which are for non-economic damages.
- Also note, Article 7, § 15 of the Oklahoma Constitution (which the insurance company backed bill likes to ignore):
“In all jury trials the jury shall return a general verdict, and no law in force nor any law hereafter enacted, shall require the court to direct the jury to make findings of particular questions of fact”
Senate Bill 862
- This amends that statute 12 O.S. § 15, which provided for joint and several liability on a defendant whose negligence is greater than 50% or whose conduct (or who acted with reckless disregard).
- The new law imposes the risk of insolvency on the innocent victim. The rationale for joint and several liability is that there is an inherent risk in the system that one or more tort-feasors will be insolvent and unable to pay for the damages.
- Does anyone think the idiots that attacked Mr. Peery can pay for the damages? (Note: If the bar is held negligent, this is where the Dan O’Briens insurance policy should kick in).
Senate Bill 865
- This new law requires an instruction to juries that the award for damages for personal injury or wrongful death are not subject to income tax.
House Bill 2023
- This new law limit’s an injured plaintiff’s recovery for the medical bills to the actual amount paid by medicare, medicaid or a health insurance company, rather than the amount charged by the health care provider.
- Any personal injury attorney will tell you that health insurance companies, medicare, and medicaid have a right to subrogation. This means that they have a right to be reimbursed for medical bills that they’ve paid for personal injury lawsuits.
- The sole purpose of this statute (like the others) is to reduce the amount of damages awarded in trials.
August 19, 2011
Voir Dire or Jury Questioning
“Voir dire” is one of the first things you will see in any type of jury trial. Remember that sometimes the judge is the “trier of fact” in non-jury cases.
During this time, the attorneys, and sometimes the judge, will ask the possible jurors questions to determine their qualifications to serve. The purpose is to obtain a fair jury. Jurors must remember to be completely honest during this time. Jurors are given an oath before the process starts:
Sample Oath On Voir Dire
Do you solemnly swear that you will truly and fully answer all questions asked you by the Judge or the lawyers to serve as a juror in the case now on trial, so help you God? (Jurors should then say “I do.”)
August 18, 2011
Statute of Limitations in Personal Injury Cases
What happens if the statute of limitations in a personal injury case has lapsed?
Generally, the statute of limitations for a personal injury case in Oklahoma is two years from the date of the injury/accident. In some cases, medical malpractice for example, it can be two years from the date the patient should have known about the injury.
A statute of limitations defense is known as an “affirmative defense.” That is, if the defendant can show that the time frame has passed, the plaintiff is barred from any recovery.
There are a few exceptions to the rule such as the defendant misled or concealed the type of claim from the plaintiff. If the personal injury occurred when the child was a minor, he or she will have until they reach age 19.
Also note: There are circumstances where a lawsuit against a governmental entity for example, a city or county, must be filed in less than a year.
Only 1 in 5 Medical Malpractice Cases are Successful
The Associated Press reported yesterday that “Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades.” This confirms the up hill battle that we’ve seen with medical malpractice patients. Juries tend to give doctors the benefit of the doubt – even with gross errors.
Of course, the insurance company backed propaganda/ads you see on TV claim that there are “runaway juries” and that we need more “tort reform.” The reality is that insurance companies will continue to advance their agenda to limit the rights of people in exchange for more and more profits. Accountability cuts into their bottom line.
The AP article restates that “just a tiny fraction of the patients harmed by medical mistakes actually file claims.”
So does the fact that only 1 in 5 medical malpractice cases actually result in some type of recovery mean that there are a lot of frivolous lawsuits?
Not at all. It’s much too expensive to bring a frivolous lawsuit. In Oklahoma, a doctor must review the file and advise the attorney handling the case if they think malpractice has actually occurred. The attorney then signs an affidavit that is filed with the petition.
This relatively simple step can cost thousands of dollars. After the lawsuit is filed, depositions will also need to be taken. Doctors typically charge by the hour for this type of thing. It’s not uncommon for a doctor to charge $1000/hour for their time. Throw in the cost of a court reporter, and several depositions (for different experts) later, and it’s not uncommon for the cost of trying a medical malpractice case to be more than $40,000.
Remember that malpractice attorneys handle cases on a contingency fee basis. They are also advancing all the costs in the case. Attorneys aren’t going to spend that kind of money on a fruitless endeavor.
August 16, 2011
Nicked Bile Duct During Gallbladder Surgery
I had gallbladder surgery six months ago. The doctor that performed the surgery ended up “nicking” by bile duct. Is this medical malpractice?
Probably not. A nicked bile duct during gallbladder surgery is a risk of the surgery itself. However, failing to diagnose the nicked bile duct can result in a medical malpractice
Facebook and Car Accident Injury Cases
Did you know that attorneys working for an insurance company will often ask for copies of your Facebook, YouTube, and other social media accounts? They look for anything and everything to poke holes in your car accident lawsuit. Here’s a sample discovery request in an Oklahoma case:
Pursuant to Title 12 O.S. section 3226 (B) please produce any photos or videos of Plaintiff( s) engaging in any activity since the date of the incident that is the subject of this litigation posted on any Facebook page, MySpace page, Twitter account, You-Tube or any other social networking site, which depicts Plaintiff(s) engaging in or enjoying any sport, physical activity, party, festivity, dance, vacation, or generally Plaintiff(s) having a good quality of life. (Defense counsel will pay for the cost of reproduction of photos within reason. If the expense of reproduction is above $100, please call defense counsel with an estimate of the cost before responding to this Request for Production.) Please produce any written postings, messages, wall comments, status updates or any written comments concerning Plaintiff( s) engaging in any sport, physical activity, party, festivity, dance or vacation posted since the date of the incident in which this litigation arose. Per section 3226, it is not a ground for objections that the above information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Per section 3226, it will be Plaintiff’s burden at a Motion to Compel to show that the information requested is not reasonably accessible because of the undue burden or cost. It is the position of the Defendant that current Oklahoma law requires that Plaintiff(s) preserve any and all items sought in this Request. Any willful or intentional suppression or destruction of the requested items will be considered spoliation of evidence (it will be presumed that the destruction or suppression shows a consciousness that your case lacks merit.)
Related articles
- Facebook and Car Accident Injury Cases (oklahomacaraccidentlawyer.com)
- Facebook, Myspace, Fair Game as Evidence in Court (blogs.wsj.com)