Improve Your Case Value

Can I improve the value of my case?

Injured people who have lawyers and are pursuing a settlement for personal injuries can affect the value of their own case. Delaying in getting treatment can cause value to decline. Too much treatment will also have that effect. The right care, without gaps in treatment, will help the value of the claim.

Watch this video by personal injury lawyer Cliff Blackman of San Francisco and Los Angeles.

Watch other videos by Mr. Blackman on personal injury topics at Blackman Legal Group.

Horrific Car Wreck in Napa July 25th

As we were driving home from Napa late last night we were suddenly stopped on Highway 29 southbound. Emergency vehicles fought to get through from both directions, including Sheriff, Fire Department, Paramedics, and virtually everyone in the county who responds to major accidents. The wreckage strewn across the highway covered the entire road surface, and the vehicle was horribly damaged. As I drove past the remains of the car involved, I snapped this photo of the fire rescue worker responding at the scene.

This was yet one more scary reminder of the risks of drinking and driving. This appeared to be a one-car accident, and may have been due to losing control of the vehicle and rolling over and over. As Californians, we love visiting the Wine Country of Napa, Sonoma, St. Helena, and the other gorgeous towns that encompass the region. We may taste wines at several wineries and wind up the evening with a fine dinner at one of area's many splendid restaurants, especially on a beautiful summer weekend in July. Underestimating the effects of alcohol, drivers brave the roads to get home, tired and under the influence, and horrible and fatal accidents can be the result.

I was glad that I had been driving cautiously, keeping the speed between 50 and 60, at or below the speed limit, and with a large distance between our car and vehicles ahead. Keeping adequate distance while driving on the highway is the safety rule most drivers ignore as they tailgate and try to pass the cars ahead of them. Remember, a distance of 3 to 4 seconds behind the vehicle ahead of you on a highway provides you with the time you need to see a risk ahead, slow down and stop without a problem. This is particularly true on weekend evenings during the summer, wherever you may be, and particularly in the Wine Country of Northern California.

Cliff Blackman, personal injury attorney

http://www.blackmanlaw.com/

What Do I Tell My Doctor About My Injuries?

So, you were in a car accident and now you are having pain in your neck, back, head and have numbness and tingling down your main right arm. But, as fortune would have it, you had some neck problems for the past six months before the accident for which you had been seeing a chiropractor once a week after you had sprained your neck playing basketball with some friends at the club.

Now you are going to see your primary care physician who you haven't seen since you had that terrible sore throat a year ago. What should you tell him about your accident and the injuries from the accident? What should you tell him about the neck problem and the chiropractic care you have been getting?

You know that you are making a claim against the other driver's insurance company. Should you feed the doctor the information you think is best for your claim? Should you omit the prior neck problem?

Many people believe that since they are going to the doctor just for the accident related injuries that they should not tell the doctor about the pre-existing problems or other treatment they have been getting. Actually, it is the opposite that is true.

Tell the doctor about all your problems, including ongoing treatment for another injury.

It is important that you tell the doctor about the previous neck problem and the treatment you have been getting from the chiropractor for it. Explain how your neck problem has worsened after the car accident, however, and if the pain is different in the neck, explain the difference. It is likely that later on when the attorneys involved in your accident claim question the doctor they will already know about the prior neck problem and chiropractic care. If they can "trap" the doctor into making statements such as "all the neck problems came from the car accident" or that "he had no neck problem before the car accident" then the doctor will lose his credibility. It is much more important for the doctor to have all the known information before he gives his opinions so that they cannot be attacked for being based on limited or incorrect information.

When you go back to your chiropractor be sure to tell him how the neck problems have changed since the car accident. He will be asked later on to "apportion" the problems with your neck and the treatments for them between the pre-existing problem and the accident-related problems.

The best approach is always to provide the doctors and therapists who are treating you with an accurate and complete medical history. Their opinions in your case will be worth a lot less if they are based on inaccurate or incomplete information. If they know everything about you and your medical history their opinions in your case will be much more believable and persuasive.

How Much UM Coverage Do You Have?

A car accident caused by a hit and run driver caused injuries to the driver of this car, but he did not have adequate UM coverage. What does that mean?

When buying car insurance most people focus on the limits of liability coverage and don't pay much attention to the Uninsured Motorist Coverage. That is because the law requires all cars to carry at a minimum liability insurance to protect others against the risk of loss caused by a car accident. The law does not require Uninsured Motorist coverage, which is intended to protect the driver and occupants of a car against injury by another driver that is uninsured, or has inadequate insurance coverage.

Ask yourself, "How much UM coverage do I have?" Do you know the answer? If not, you better check your policy to be sure that (1) you have the UM coverage, and (2) the limits of coverage are high.

Why would you want a high limit of coverage on the UM portion of the car policy? Well, that is the part that protects you and your family if injuries are caused by an uninsured driver, hit and run driver, or driver with inadequate coverage.

Most insurance companies will not allow you to purchase more UM coverage that liability coverage, so if you buy 30,000/60,000 liability coverage (30,000 per person/60.000 per accident), then you would not be able to purchase more UM coverage than that.

A client was seriously hurt recently when a hit and run driver crashed into him, causing very serious injuries to his head and back. Our early estimation was that the case had a value in excess of $200,000 based on similar cases. Unfortunately for the client, the limit of his UM coverage was only $30,000. Unless his company was guilty of bad faith refusal to settle for that limit, there would be very little chance of ever recovering more than that.

The lesson: (1) Check on your UM coverage today

(2) consider increasing the coverage substantially

If you have any questions about this, talk to your auto insurance agent. While you are at it, check on your Med Pay coverage and consider raising that limit also.

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.

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".

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].