Saturday, April 25, 2009

Get Medical Care On Credit - The "Lien"

After an accident some people find that they need treatment for their injuries, but they do not have medical insurance or money to pay for the treatment. This is a tough situation, especially if the need is for restorative dentistry after an accident has knocked out a person's front teeth.

If the injuries were caused by an accident that was the fault of another person who has insurance, such as car insurance, or homeowner's insurance, the injured person may have a valid claim for damages. These types of claims usually take quite a bit of time to resolve, and could take between one and three years before a final settlement can be reached. The insurance company that settles the case makes one payment to settle the claim, and this is done at the time of settlement. One can see how this does not help the poor injury victim that needs medical or dental treatment immediately after a bad accident.

The process for getting the needed treatment on credit

If the injured person has a lawyer representing him or her, there is a good chance that the medical provider, such as a chiropractor, doctor or dentist will wait to be paid from the settlement if there is adequate security for the debt. What that means is the doctor will wait to get paid for the treatments until the case settles, even if it takes a couple of years. The security for the doctor is the written promise of the patient which is also signed by the patient's attorney, promising to make direct payment to the doctor from the lawyer's office at the time of the settlement.

Not all doctors accept liens, however. Many medical doctors and hospitals require payment and will institute collection proceedings if payment arrangements are not made.

Using an experienced personal injury lawyer makes a difference

An experienced personal injury lawyer usually has the ability to secure a lien for the client from medical providers. The lawyer reassures the medical provider that there will be full payment at the end of the case and that the doctor has relax and be sure of receiving payment directly from the trust account of the lawyer which is where the settlement is deposited before it is distributed to the client.

For the injured victim that needs medical or dental care and who has no insurance or ability to pay for care, having a personal injury attorney with a solid reputation can make a big difference in getting the needed treatment on credit.

Ask the treating doctor or dentist if he or she will accept a lien from a good law firm. The doctor will not extend credit such as this on the bare promise of the patient. It is the additional security of having the law firm behind the bill that makes a difference to the medical provider.

Monday, April 20, 2009

Will Making A Claim Cause My Premium to Go Up?

Many people fear that if they make a claim against their own insurance that their rates will go up. This is not always the case. There are many times when making a claim does not affect your own rates, and there may actually be advantages to making the claim against your own carrier. This article will address two types of insurance policies, auto insurance and homeowner's insurance.

Making a claim against your own auto insurance policy

Automobile insurance includes many types of coverage. There is liability which insures the person against claims made against him, when the accident is his own fault. In other words, liability insurance is by definition pay for damages caused to others by the insured by causing an accident. This coverage applies when someone else is making a claim against your policy. Liaibility coverage cannot be used by the insured to make a claim. When a victim of the negligence of the insured makes a claim against his liability insurance, that is based on the loss being the fault of the insured. This will cause your insurance premium to go up.

Many drivers purchase medical payments coverage on their auto policy. This is "no fault" coverage and covers medical expenses necessary because of an injury related to a car accident, regardless of who was at fault. This coverage is very useful because it will pay for the expenses for everyone in the insured vehicle and it pays currently to cover needed medical care or dental care. This is different than making a claim against another driver's liability insurance. That company will not make any payment for treatment, and will make one payment to settle the entire case, which in many claims can be a long time.

Use of the medical payments provision when the cause of the accident is the insured will cause the premium to go up. If the medical payments are used to pay for needed care when the accident is the fault of another, then the payments would not cause the premiums to go up. This is because the payments are not the fault of the insured driver. The insurance premiums are based on the driving history of the insured driver(s), and will go up when there is evidence that they are a higher risk to insure.

Another type of coverage on the automobile policy is for injuries caused by an uninsured motorist (or a motorist with too little insurance). This is referred to as UM coverage. UM coverage will only pay if the cause of the accident is the uninsured person's fault. Because these claims are based on the fault of somebody other than the insured driver(s) under the policy, they should not affect the insurance premium. In other words, since the claim is not evidence that the insured is a greater risk to insure in the future (being an innocent victim), there is no basis for the underwriters to increase the premium.

Hit and run cases are claims that are made under the UM coverage, and the same principles apply. The hit and run coverage will apply when the other driver who caused the accident cannot be found, and where there is contact between the vehicles. Swerving to avoid a collision with another car which results in an injury accident, without contact with the negligent driver, will not be covered. In this regard, it is safer to stay in the lane and absorb the impact rather than make a sudden move to avoid the accident which could be dangerous and cause an accident.

When an insured driver is the innocent victim of a car accident, he or she can use the collision coverage on the insurance policy. If the insured uses the collision coverage, this will not cause an increase in the premium where the accident is the fault of another. After paying for the repairs or for the total loss of the insured vehicle, the auto insurance company will get its money back from the wrongdoer's insurance company. This is called subrogation.

There is an advantage to using the collision coverage after an accident that is the fault of another driver. It is best not to speak with anyone from the insurance company of the adverse driver if there is going to be a personal injury claim. By limiting contact to one's own auto insurance company in dealing with the car repair or replacement under the collision coverage, one can avoid the pitfalls involved with talking with the adversary. Watch a video about car insurance.

Claims against your own homeowner's insurance

Homeowner's insurance concerns itself with the number of claims that have been made against the homeowner's policy. This claims history is used to increase the premiums going forward, and when there have been several claims (different companies vary on the number and amount) the insurance company will use that as a basis to either cancel the policy or refuse to renew it.

A new homeowner's insurance company will ask for and get the complete history of claims made under the previous policy, and if there is a significant history of claims made, that will adversely affect the ability to get a new homeowner's policy.

The lesson with homeowner's insurance is to avoid making claims unless you have to do so, and if the amount is large enough. The effect of making that claim may be the evenual loss of the policy.

If you are injured and have a personal injury claim, remember it is always best to contact an experienced personal injury law firm as soon as possible. They will not get paid until they finally settle your case. See the video on the "contingent fee".






Friday, April 17, 2009

Difference Between Car Insurance Policies

To understand what the difference is between auto insurance policies offered by different companies requires an understanding of a couple of concepts. First, medical payment coverage varies the most. This is coverage which pays for reasonable and necessary medical expenses for injuries caused by any vehicle, anywhere. It covers all occupants in the insured vehicle. It also covers all family members of the insured that live in the household, for injuries caused by any vehicle, anywhere, whether in a vehicle, or even as a pedestrian.

How Medical Payments Provisions Vary

While all other coverages in auto policies work the same way, the medical payments provisions of different policies can vary quite a lot. The first thing is the number of years of coverage. Some companies offer coverage for only one year from the date of the accident. In serious injuries, where surgery could result more than a year after, say due to a deteriorating herniated disc in the back, or where plastic surgery is needed to revise a scar (plastic surgery is usually done more than a year after an accident), this would not help. Other companies offer coverage for 3 years. This is a major benefit. As I said, scars take a year to "mature" and plastic surgeons will not want to do any surgery on scars for more than a year. Also, health insurers will usually decline coverage for plastic surgery to improve one's appearance. So, having the longer period of coverage is important for this reason alone. Then there are other types of injuries, such as major dental injuries that can result from a major collision, or even a minor one if the injured person was a pedestrian and was thrown to the street. Health insurance will never pay for restorative dental work, which can run into tens of thousands of dollars. So, having the medical payments coverage is the only way to get the work that is needed and have it paid for at the time. Suing a defendant who caused the accident might result in a settlement fund down the road, in some cases 2 years or more, but it will not provide the money to get the needed dental work in the months following the accident.

Another way that these medical payments provisions vary is that some are reimbursable while others are not. That means that if a claim is made against an adverse driver that caused the accident, and a settlement is reached which provides money for the injured party, that the medical payments benefits which were used will have to be repaid from the settlement to the car insurance company. Some policies offer medical payments coverage which is not reimbursable. That means that whatever amount is recovered in a settlement can be kept and nothing has to be paid back to the auto insurance company.

The final way in which these policies vary is the available limits of the coverage. Some companies will offer only $5,000, or $10,000 maximum. That is not adequate in the case of necessary dental restoration of many teeth, or major plastic surgery to revise scarring. Other companies will offer as much as $100,000 coverage for medical, which includes dental and even mental health coverage (such as for PTSD or phobic reactions).

The most important benefit of medical payments coverage is that it pays for the needed care when it matters most, i.e. soon after the injury. And, it pays for things that health insurance will not cover. It is best to buy the largest amount of medical payments coverage you can find. Dollar for dollar, it is inexpensive coverage. And rememer, it follows all the family members everywhere they go. If a child is run over while on a trip to Europe, it will pay. When a bus ran out of control and hit a house, injuring my client who was asleep in bed, it paid!

Policy Limits Vary

Another way policies are different is the available limits of coverage. Some companies offer a maximum liability limit of $100,000 per person and $300,000 per accident. Other companies will go as high as $500,000 single limit coverage. This is important to understand, since you want to protect your home and other assets against a catastrophic loss. Your own budget for living expenses is a major concern, but protecting your family assets is a big one. Consider buying the highest limits you can afford.

Protecting yourself and your family from uninsured motorists is another major concern. You should buy as much protection as you can for your family. The way insurance companies work, they will require you to buy the same amount of liability coverage (to protect others) as uninsured motorist coverage.

Additional coverage can be purchased on top of your auto policy, if you buy the highest limit, called an umbrella policy. It can be in multiples of one million dollars. Be sure to ask if it includes coverage over the UM, or uninsured motorist coverage, as most of the time it does not. But carriers will provide that extra protection for an additional premium.



After a car accident, or any accident involving a motor vehicle of any type, it is best to call a lawyer to find out your rights and possibly help you make your claim. It is always free to have a consultation and you can call 24/7. Save our toll-free number for an emergency of this type. You can even remember it: 1-800-97-LAWYER [1-800-975-2993].

Sunday, April 12, 2009

How A Lawyer Changed His Life

Ricky was a 50 year old man who lived with his mother in a suburb in California. He worked driving a taxi, frequently working until 2 in the morning. He would save up for a while and when he had some money saved he would take a motel room for a week and invite his girlfriend to join him for some private time.

A drunk driver seriously injured him

One night around 2 a.m. after driving many drunk customers home from the bars that were closing, Ricky pulled out from a stop sign and his car was struck broadside on his drivers door. The other car which did not have a stop sign was being driven by a 20 year old who was drunk. Ricky was thrown out of his car when his door opened and landed on the street. He suffered fractured ribs and struck his head on the ground causing a small bleed inside his head and a large blood clot (hematoma) on the outside of his head.

He was taken by ambulance to the hospital where he stayed for about a week until he was recovered enough to go home. His medical bill from the hospital was 6 figures. He had no insurnace.

Ricky was referred to a personal injury lawyer. The lawyer took the case and started an investigation. It turned out that the other driver had a minimal insurance policy of only $15,000. The lawyer knew that this meant Ricky would only get $5,000 if the case were settled for that amount. One third would be the lawyer fee, and the balance would be split between the hospital and Ricky under Medicare rules.

His lawyer went to trial against the drunk driver, then pursued a "bad faith" case against the insurance company

The lawyer told Ricky that the only chance or recovering any more money would be a long process and would depend on whether the insurance company acted in "bad faith". Ricky agreed to wait and fight, and the lawyer made a "time limited" demand to the insurance company to pay the $15,000 along with the proof of the limited policy limit by 5 p.m. on a specified date. When the time expired and the company had not responded, the lawyer filed suit against the drunk driver.

The insurance company for the drunk driver hired a defense lawyer who called Ricky's lawyer and immediately offered the policy limit of $15,000. Ricky's lawyer rejected the offer and told him it was too late, that the insurance company had its chance and blew it! After a year of litigation the lawyer took the case to trial by jury. The jury awarded over $600,000. The insurance company said they would appeal. Ricky's lawyer took steps to take the pay check from the defendant immediately. The drunk driver's insurance company then called and settled the case for $500,000.

Life changing results for the client

Ricky received a net settlement of $250,000 tax free. His lawyer had succeeded in turning a possible $5,000 recovery into one 50 times greater. Ricky took his money and moved to Reno, where he bought a 3 unit building, moved into his own apartment, and started collecting rents from the other units. He also bought himself a nice car. His life had been transformed.

The difference? Choosing the right lawyer! Not all personal injury lawyers are the same, and the results they can get for clients can vary tremendously. It is important after a serious injury accident to select a lawyer with the skills and experience to maximize the possible results.

In this case the lawyer was Clifford A. Blackman of the Blackman Legal Group in California.

If you or a loved one was seriously injured in an accident, you can call the Blackman Legal Group toll-free 24 hours a day at 1-866-528-8115

Friday, April 10, 2009

How To Buy Auto Insurance

The Legal Minimum (liability and property damage only)

The laws of most states require motorists to carry a minimum amount of insurance. In California, for example, the minimum requirements for insurance are $15,000 of liability coverage to cover possible injury to others, and $5,000 of property damage insurance, to cover possible damage to other people's vehicles. The reality is that this minimum is frequently not enough to cover the losses created by a vehicle accident, whether a car accident, motorcycle accident, or other vehicular accident. In a case where a victim is sent to the hospital by ambulance, has Emergency Room treatments including X-rays, CT scans, and other emergency care by the doctors, and then has continuing medical treatments such as physical therapy or chiropratic care for a year or more, the total medical expenses suffered by that victim could easily total $25,000. If the same victim also was somebody who earned $4,000 a month, and missed 4 months of work due to the injuries, that would be another $16,000 of lost earnings. These financial losses total $41,000. In addition to the economic financial losses, the victim is entitled to compensation for pain and suffering, which in a case such as this example could easily be another $25,000 or more. In other words, the claim could have a value of $66,000. If the liability insurance limit of the driver who caused the accident and the injuries is only $15,000, then that person could be held personally responsible for the difference, which in this example would be over $50,000!

Consider the $5,000 property damage limits. If a major collision occurs and the innocent person's Mercedes or BMW is a total loss, the amount of the property damage could easily exceed $50,000 (some Mercedes Benz vehicles are worth $100,000 or more). This would leave the responsible driver who has only $5,000 in property damage coverage personally responsible for the difference, which could be $50,000 or more easily.

When purchasing a new auto insurance policy, motorcycle insurance policy, or one for another type of vehicle, it is a good idea to consider purchasing the maximum policy limits sold by the insurance company, which usually means $100,000 per person, $300,000 per accident, or higher. Some insurance companies sell policies with liability limits as high as $500,000. Budget is an issue of course, but consider the personal risk to your assets when choosing a liability limit for your policy.

Coverage to Protect Yourself and Your Loved Ones (UM and Med Pay)

Frequently car accidents happen that are the fault of another person, but that person has only a minimum policy (limits $15,000) or no insurance at all. Suppose that the damages suffered by the innocent driver are like those described above, with a probable value of the claim being $66,000. It is rare than an uninsured driver has the ability to pay anything at all to settle a claim such as this. Where would the money come from? The answer is from the Uninsured Motorist portion of the innocent person's car insurance policy. The effect of this coverage is essentially to provide the insurance coverage for the uninsured motorist. The claim would be made against the innocent policyholder's own UM coverage and the insurance company would pay. The insurance company then has the right to go after the wrongdoer to seek reimbursement for the amount they paid.

This UM coverage provides protection not only for the driver, but for all passengers in the car, and for all family members of the household of the auto owner, regardless of the vehicle they are in when injured by an uninsured motorist! It will even provide protection for all family members who live in the household for injuries suffered if an uninsured motorist hits and injures them while a pedestrian! Thus, you can see why this coverage is very important to every family.

Medical Payments Coverage is 100% coverage for reasonable and necessary medical and dental treatment needed because of injuries from a car accident. It does not matter whose fault the accident is. It will pay the cost of care for all persons in the insured vehicle up to the amount of this coverage, no matter how many passengers there are. It is a per person coverage. This is very important because passengers may have no medical or dental insurance. No health care policy will pay for replacing or repairing broken teeth from an accident (reconstructive dental work can cost well over $20,000 if several teeth are broken). The injured parties do not have to wait for a settlement either. The medical payments part of the policy pays for the treatment as it is received. When purchasing auto insurance ask what the maximum amount of medical payment coverage is and consider purchasing it. Like UM coverage, it provides coverage for all family members in the household of the auto policy holder, regardless of how or where they are when they are injured by any vehicle. Yes, even if walking down a street, a family member who is injured by a car, even a hit and run vehicle, is entitled to coverage for medical expenses under the Medical Payments Coverage.

The Most Protection You Can Buy - The Umbrella Policy

In addition to the coverage described above, a person can purchase additional insurace coverage, usually in increments of $1 million, which would apply on top of the underlying auto or motorcycle insurance. These separate policies are called Umbrella Policies. Thus, if an insured driver runs over and kills a 50 year old person who earned $100,000 per year, the lost earnings alone could total $1.5 million, assuming a 15 year work life remaining. Where would all that come from? The underlying policy limits for liability of $500,000 plus the $1 million of additional liability insurance under the umbrella insurance policy.

A trickier problem is where an uninsured motorist causes catastrophic injury to a family member who lives in the household of the auto insurance policyholder. If the UM limits are $100,000 and the wrongdoer has no insurance, where would the additional money come from to pay the claim? Some insurance companies will include UM coverage in the umbrella policy. Be aware, however, you must ask for this coverage to get it, and there may be an additional premium.

Handling Claims - Better Get A Personal Injury Lawyer

Following a serious car accident or motorcycle accident which results in injury to you or a family member, or worse, if somebody gets killed. It is extremely important to hire an experienced personal injury lawyer. The attorneys at Blackman Legal Group are ready to help. Call as soon as possible after an accident for advice and legal representation. The fees are always contingent - no recovery no fee, and no money is needed to hire the law firm. The initial consulation is free and confidential. Call toll-free 1-866-528-8115 24 hours a day. The phones are always answered.

Monday, April 6, 2009

10 Tips for Accident Victims

1. Obtain immediate medical assistance.

2. Hire an experienced personal injury lawyer as soon as possible.

3. Write a detailed summary of all facts surrounding the accident. (Only give this to your lawyer.)

4. Do not give representatives of insurance companies or adjusters written statements or tape-recorded statements when asked to do so on the telephone. Have them contact your lawyer.

5. Obtain a doctor's note for all time taken off of work as a result of your accident, even if you are self-employed.

6. Save all physical evidence, and mark them with some type of identification tag. This may mean the shoes involved in a trip and fall accident, the receipt for products purchased at a store where you fell, or material or foreign objects which may have caused a fall.

7. Obtain and save the names of all witnesses and persons involved in an accident. Be sure to get the telephone number and address of the witnesses.

8. Take photos of all damages. This means damages to any motor vehicle, motorcycle, etc. Also take photos of all visible injuries. Be sure to develop these pictures immediately. If they do not come out well, retake the photographs before the physical injuries have healed.

9. Do not sign anything without the approval of your lawyer. Insurance companies and adjusters frequently request people to sign authorizations to obtain information or releases of all claims. Be sure to show these documents to your attorney before signing them.

10. Avoid gaps of time between medical treatments. Long periods of time between medical appointments may be used by the defense to argue that the later treatment is not related to the accident. Also, be sure to give each doctor you see an accurate history of all of the physical and mental problems experienced as a result of the accident.

Watch helpful videos about accident cases and advice from attorney Clifford Blackman.

It is of primary importance to secure legal representation as promptly as possible. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact the personal injury lawyers at Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.

One of the most difficult parts of a client intake is to have to advise a victim that what may have been a strong case has become difficult, if not impossible to pursue, due to a failure by the victim to document details of the accident or to otherwise take practical steps in case preparation. It is part of the Injury Information Center’s mission to provide information to help victims recover from their accidents. These 10 steps are provided with that goal in mind. One overriding point is that after a car accident or motorcycle accident it is very important to get a lawyer as soon as possible so the case can be properly investigated and so you, as a victim, may receive advice about the best types of medical care to help your physical recovery. These 10 tips can help us build the strongest possible case to help a victim secure maximum medical and financial recovery. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.

Saturday, April 4, 2009

Motorcycle Accidents

Motorcycle accidents frequently have catastrophic or fatal results. Injuries to the head, back, neck and the arms and legs are most common, although helmets have reduced the number of head and brain injuries over the years.

Blackman Legal Group has experience with many types of motorcycle accidents. The cases which we handle are ones where the motorcycle driver is driving properly and some other driver's negligence results in a collision. The most common cause that we see is that other drivers either do not see the motorcycle or do not yield as they should.

Our motorcycle accident lawyers investigate the facts of the accident and the cause of the accident, frequently using accident reconstruction engineers or other experts to determine the cause. Making sure that our clients get the right type of medical care is also important, so our attorneys are involved as soon as possible in counseling clients about the medical treatment they are receiving. Sometimes we arrange for care to be given on credit, with the doctors waiting for payment until the case is settled.


Mr. Blackman, the senior trial attorney at our firm, has special understanding of motorcycle accident cases as he has been a rider for 40 years and has first hand knowledge of the risks involved in motorcycle riding.

Most of the motorcycle collisions and accidents on the road are a result of one of the following:

- Speeding - 40 percent of motorcyclists who died in crashes were speeding.
- Hazards on the road, such as large cracks, holes, and bumps
- Cars and trucks coming out of driveways and from intersecting streets
- Failure to see the motorcyclist, sometimes due to no headlights on the bike
- Inexperienced motorcycle drivers and passengers.

After a motorcycle accident, or any other accident on the highways, it is very important to get legal counsel as soon as possible so the case can be properly investigated, and so advice can be obtained about the best types of medical care to recieve. If you have been injured in a motorcycle or car accident, or a friend or loved one has been catastrophically injured or killed in a motorcycle or car accident, contact Blackman Legal Group. You can call us toll-free nationwide at 1-866-528-8115 24 hours a day.