Mobile Personal Injury Lawyer - Automobile Accidents

Get Off the Phone

Gaines Drago — Tue, 03 Nov 2009 16:55:28 GMT

Every year, well really every month for that matter, our cell phones appear to be able to perform more and more functions. They truly have become computers in the palm of our hand connecting us to anyone at anytime. Unfortunately, their distracting nature is causing tragic accidents on our road ways.

I was in Orlando, Florida, last weekend visiting a friend, and venturing out to the wonderful world of Disney. I had not been a passenger in a vehicle in a long time so I decided to watch the number of drivers who were texting not talking, and to my amazement I counted nearly one hundred. This is completely crazy to me. In order to text unless you are thirteen and just have a supernatural ability to type on your phone without looking texting requires you to lower your eyes and view the screen, thereby taking your eyes off the road. This was extremely alarming considering we were blazing down the Interstate 4 at speeds of at least 70 mph.

I know that since the radio was placed in the car people have been shouting about the dangers of distracting the driver and very little headway has been made. But texting is simply too much. Unfortunately, we usually wait until something happens that affects our own lives to initiate change, but in this case I urge you to impress upon your State legislators to pass legislation that outlaws the use of cell phones while driving. There is simply no need for such a distracting practice to be allowed. So please put the phone away when you are on the road ways.

Originally posted at InjuryBoard by Gaines Drago

Durable Power of Attorney over Health Care Issues

Gaines Drago — Wed, 23 Sep 2009 10:44:56 GMT

No one likes to think about their own mortality, especially while feeling vibrant and alive. The "It could never happen to me attitude," dominates our thoughts, and while it is true that most of the time it won't happen to you sometimes it does, and the people left to suffer through painful decisions are friends and family. Imagine, for example, that you are 35 years old, in relatively good health, good job, engaged but not married, but that you are one day involved in an auto accident and leaves you incapacitated. Your are rushed to the hospital, where your mother, father and fiance agonize over what to do. Your mother wants keep fighting even though you have limited if any chance and you are feeling some high levels of pain, but your fiance, whom you have discussed this scenario with wants to let you go. These kinds of things, while horrible do happen.

However, there is an easy way to resolve this type of problem: awarding durable power of attorney over health care to a trusted individual. This works much like a typical durable power of attorney and gives a trusted person the ability to make decisions about life and death when the other party is unable to do so. In addition you can assign more than one person this power so as to relieve the alone on an island effect this could have over a person. The most appealing aspect is that it allows the victim to have a say in his own life and death decisions. Guidelines can and should be given to the individual who will be given power of attorney over healthcare. This will alleviate much of the pressure on that person, and allow you a peace of mind to know that whatever happens you are in control over what happens in your life.

While, no one certainly enjoys thinking about these things, there is nothing wrong with having a plan in place that ensures you remain the key decision maker in your own life.

Originally posted at InjuryBoard by Gaines Drago

Are Insurance Companies failing to recognize that pain and suffering should be compensated?

Troy Schwant — Wed, 16 Sep 2009 11:30:15 GMT

It is becoming more and more evident that Insurance companies are taking the position that your medical bills are the only matter they are going to take into consideration when evaluating your claim. This hard and fast rule is elminating compensation for genuine pain and suffering that people experience from car wrecks or other accidents. They are using a broad brush by not considering the pain and suffering some accident victims go through after being involved in an accident. So the question is why are they doing this and how did it get to this point?

The answer of course is money, both in the why and the how. The why is easy, they don't want to pay money on a claim for someone who claims to have suffered every day for two months in recovering from an auto accident, yet only has 3,000.00 in medical bills. They take the position that this case is only worth a little more than the medical bills, and if you don't take their offer, then sue them. Anyone that has recovered from an auto accident knows that the days, weeks, and months that follow an auto accident can be very difficult, you can miss work, be unable to enjoy your family, and essentially be in pain every day. To argue that a person shouldn't be compensated for suffering through this pain, that was caused by someone else, is simply repugnant.

Now, lets get to the how. How have insurance companies been able to take this position with people that have been hurt? The answer again is money, but it is not as easy you think. Insurance companies have spent millions, not on claims, but in election campaigns, and advertisements that talk about rising insurance costs, and bogus lawsuits and have convinced the American public that if someone has filed a lawsuit, that person is just a money grubbing liar, who wasn't even hurt in the first place. Unfortunately this perception has taken hold of far too many Americans. The perception is that people that file lawsuits, want to file lawsuits, when the reality is that 99% of the people that file lawsuits do not want to file a lawsuit, but have no other choice based on the insurance company failing to negotiate with them fairly.

The next time you hear a comment about sue happy Plaintiffs, just remember that the person making this comment, has probably never been in an accident and made a claim to be compensated. If they had, they would be singing a different tune.

Originally posted at InjuryBoard by Troy Schwant

Horrible accident in West Mobile...

Troy Schwant — Wed, 09 Sep 2009 11:06:04 GMT

A 9 year old girl, who's name has not been released was struck by a vehicle while trying to board a school bus. The extent of the young girl's injuries are unknown at this time, yet the article linked below does reference a broken collarbone, and a potential brain bruise.

I hope the girl recovers from these injuries, and this is unfortunately a tragic reminder of the dangers that kid encounter while simply trying to access their school bus.

While reading this article I thought about the school crossing guard that I drive by every day and how aggressive she is in stopping vehicles, or slowing down cars driving near the intersection. You can see the frustration on the faces of drivers who want to get to work as quickly as possible, and don't want to slow down, but after reading this article, I am thankful for the crossing guard's actions.

The next time a crossing slows you down, or stops your car, don't get frustrated, be thankful. I know I will be.

blog.al.com/live/2009/09/9yearold_struck_by_car_while_b.html

Originally posted at InjuryBoard by Troy Schwant

College Football Season is almost here, make sure you are prepared...

Troy Schwant — Sun, 30 Aug 2009 17:48:10 GMT

I like most men from the South, really like College football. Ok, I love college football. Growing up in the South, it is tradition to attend tailgates at college towns like Tuscaloosa, Athens, Auburn, and my personal favorite, Oxford, Mississippi.

When talking about college football and tailgating in the South Eastern Conference, one would be remiss not to discuss the alarmingly rate of alcohol related accident that occur either on the way, or more likely on the way home from a college football game.

Now I like a drink before and during a college football game, just like everyone else, but far too many times have I witnessed fans driving home from a big win, after having way too much to drink. I would like to challenge as many people as possible to help solve this problem. There are a number of ways to help solve this problem:

Call a cab. If you live near the campus, call a cab, and have a friend bring you to your car in the morning.

Ask a friend to bring you home. If you know you have had too much to drink, ask your friend to give you a lift home.

If you are going to a game that is several hours away, don't plan on driving home after the game, find a cheap hotel near the town, so that you can take a cab to the hotel.

I hope everyone has a safe and enjoyable College Football season.

HOTTY TODDY!!

Originally posted at InjuryBoard by Troy Schwant

American Academy of Pediatrics, recommends rear facing car seats for kids up to Two years old...

Troy Schwant — Sun, 09 Aug 2009 14:32:45 GMT

Recently, one of the partners at my law firm, Burns, Cunningham & Mackey, blogged with the recommendation of having your child secured in a rear facing car seat versus being in a front face car seat. Well the Ameican Academy of Pediatrics have recently commented that the safest position for your young child is rear facing, which our law firm has been advocating.

As referenced in the article below:

The reason behind this conclusion is pretty simple. When an accident occurs and a child is rear facing the force of the accident is distributed evenly over the entire body, forward facing children, because the force of the car crash is concentrated on seat belt contact points, can suffer from neck and head injuries because children’s necks are weak and their heads are disproportionately large for their little necks. Dr. Bull, who wrote the commentary for Pediatrics, states, “…it is far better to send children to orthopedic specialists to have lower extremities treated, than to send them to neurological specialists to have cervical spine injuries treated.”

Please make sure to have your car seats professionally installed or checked, before placing your child in them. To read more about the recommendation, please read this article:

askdrsears.com/news/headlines0809.asp

Originally posted at InjuryBoard by Troy Schwant

The Adjuster Says We Can Work It Out - Part 3

Pete Mackey — Sat, 08 Aug 2009 20:16:35 GMT

In the last entry of this series, let's discuss you acting as your own lawyer. Rule number one -- don't think about it. Rule number two -- don't think about it. If rules number one and two go unheeded, here's the advice I would give.

First, get organized. Make sure you have all of your medical records in order and, if possible, a letter from your doctor which sets out your medical problems and any restrictions that you have. If future medical treatment is probable, it should be described and priced (if such treatment is imminent, hold off your settlement - see below). Next, research the company you're dealing with. There may be chat rooms or message boards where other consumers discuss the company you dealing with, or even the adjuster (doubtful). If property damage is still at issue, go to a reputable source on the Internet for vehicle valuations (NADA, Hemmings, etc.). If your vehicle is a late model, there will almost surely be a diminution in its value. This is an area that can bear fruit in your negotiations with the adjuster if you don't try to overreach. Make sure that you:

- ask if the policy has a medpay provision. That is money paid toward medical expenses without regard to fault.

- understand that once you sign a release - IT'S OVER. The carrier, whether that of the at fault driver or your own underindured carrier HAVE NO FURTHER OBLIGATION TO YOU.

- don't get in a hurry to settle. This always works in the carrier's favor.

- politely let the company understand that you will deal with them as long as you believe that they are being straight with you and that you have not foreclosed the possibility of hiring a lawyer. Don't bother telling them that you already have a lawyer or show copies of your letters or emails to one - that is a sure sign to the adjuster that you are on your own.

- make sure that you have cleared the decks with every person or company that is looking to get paid back (health care provider, other medical providers not paid by your health insurance carrier, body shops, etc.).

- strongly consider getting a lawyer to review, at an hourly rate, your final product. Good luck - and I mean it.

Originally posted at InjuryBoard by Pete Mackey

The Adjuster Says We Can Work It Out - Part 2

Pete Mackey — Sun, 02 Aug 2009 21:19:52 GMT

In the second part of this series, I want to discuss health insurance and how it plays into the settlement of your injury claim in a car collision. The overwhelming majority of Americans who have health insurance get it through their employment. Most of these policies are covered by a Federal law known as ERISA. Suffice it to say that ERISA is generally not good for the consumer. Let's say that your health insurance provider has paid $15,000 in medical expenses. Your carrier has sent you a letter telling you that they want to get their money back if you make a recovery from the driver who ran the red light. You are concerned because you have found out that this driver only has $25,000 in insurance limits.

The first issue is whether ERISA even covers this claim. If you work for a state or Federal government (or one of its subdivisions) or a church, it is not. If you own your own company, it may not be. ERISA may or may not apply based on how the plan is funded and who pays the premiums. In short, this is a minefield for the unwary.

Next, whether the plan is covered by ERISA or not, you need to determine how much your health insurance carrier may recover. In many instances, they will have to pay your attorney the same rate that you are paying for the recovery. Using our example, if you had hired your lawyer on a 1/3 contingency fee contract, you would only have to repay the carrier $10,000 of the $15,000. In some cases, the "make whole" doctrine will apply and your repayment to the carrier will be diminished, or even erased. Again, using our example, the fact that the at fault driver only has $25,000 in liability limits may bring this doctrine into play. The basic idea is that the Judge on your case can limit the carrier's recovery if it is found that you won't be made whole otherwise.

Whether the "made whole" doctrine applies is another question that only an attorney experienced in personal injury cases can determine and negotiate. In the next, and last, installment in this series, I will wrap things up and give you a few tips on what to do if you decide to represent yourself.

Originally posted at InjuryBoard by Pete Mackey

Girl's ATV death brings out mourners in Fairhope....

Troy Schwant — Sun, 12 Jul 2009 22:54:36 GMT

An unfortunate accident involving an ATV, has claimed the life of another young child.

"The driver apparently turned too sharply, the vehicle rolled over and Dunnam's head was struck, Sawyer said. She likely died instantly; family members tried to revive her before emergency personnel arrived, he said."

The thoughts and prayers of Burns Cunningham & Mackey are with her family.

http://www.al.com/news/press-register/metro.ssf

Originally posted at InjuryBoard by Troy Schwant

A tragic accident in Brewton, Alabama...

Troy Schwant — Tue, 30 Jun 2009 10:12:26 GMT

Yesterday afternoon, there was a fatal accident involving Angela Dixon. According to the police on the scene, Ms. Dixon was not wearing a seat belt.

Our thoughts and prayers are with Ms. Dixon's family.

blog.al.com/live/2009/06/woman_killed_man_hurt_in_car_c_1.html

Originally posted at InjuryBoard by Troy Schwant