0
16
Feb

Insurance Companies Have Access to Your History

Many times the defense insurance company has access to an insurance data bank and may already be aware of your prior medical treatment, injury claims, lawsuits, driving history and/or even criminal charges you might have in your past.  It is important that you discuss all these matters with your attorney so that your attorney can be prepared to respond to inquiries from the defense insurer.  It is important that you give your attorney the opportunity to be prepared.  Your attorney will know how to best present your injury claim and how best to deflect or minimize any potential problems that may arise.  By keeping your attorney fully informed, you can help him/her to provide you with the best possible representation.

Popularity: 1% [?]

0
16
Feb

Pre-Existing Conditions and Your Injury Claim

Pre-existing conditions can influence the value of your bodily injury claim and can delay its final resolution.  Pre-existing conditions can make you an “egg-shell plaintiff” and explain why you were seriously injured in a relatively minor car accident.  Pre-existing conditions can also negatively affect the value of your injuries if those injuries exacerbated your pre-existing condition or have symptoms which are similar to those of your pre-existing condition.  It is important to be fully forthcoming with your attorney about prior medical treatment as well as prior injury claims.   By talking frankly with your attorney you can help the attorney to prove the extent to which your injuries are different from any pre-existing conditions.   Your attorney will take steps to address these issues which may include getting copies of your prior medical records and/or asking your doctors to provide written opinions about your condition.  These efforts are important to maximizing the value of your claim.   They take time but can be instrumental in achieving the best possible result for your claim.

Popularity: 1% [?]

0
16
Feb

Multiple Vehicle Collisions

When snow is on the ground numerous car accidents are likely to occur.  Traffic flows on I-65 at less than 20 mph at some locations.  Multiple collisions are reported and many are complicated by other drivers failing to maintain a proper distance, failing to travel at safe speeds and failing to keep a proper lookout resulting in collisions which may involve several vehicles.  If you are involved in a collision which involves multiple vehicles, it is important that you immediately seek legal counsel and work with your attorney to try to reconstruct exactly how the collision occurred.  The number of impacts you experienced can be important in establishing which vehicle initiated the contact and whether there was more than one vehicle responsible for your injuries and damages.  In Kentucky, each of those impacts may give rise to a separate right of action, both as to the liability insurers and as to your own uninsured or underinsured motorist carrier.   Contacting an attorney early will allow you and your attorney to work together to gather evidence as to how the collision unfolded and determine whether you are entitled to multiple rights of action.

Popularity: 1% [?]

0
15
Feb

What is a “policy limits tender”?

A “policy limits tender” means that the insurance company for the at-fault driver is offering the injured person or injured persons the full amount of the coverage for which the at-fault driver had contracted with that carrier before the wreck.  It may or may not be enough money to compensate those injured for their pain and suffering.  Bodily injury minimum limits in this state is $25,000 per person and $50,000 per incident.  That means that the most that insurer would have to pay, regardless of the extent of injury, is $25,000 to any single individual but never more than $50,000 to all injured persons combined.  So, if only 2 people are hurt as a result of the at-fault driver’s negligence then each would be entitled to the value of their injuries but only up to
$25,000 each, if that is the extent of the available coverage.   If 3 people or more are hurt as a result of the at-fault driver’s negligence then each of them is entitled to the value of his or her claim so long as no individual receives more than $25,000 and so long as all individuals together receive no more than $50,000.

               For this reason, it may be necessary for multiple injured persons to have separate attorneys or, at least, to acknowledge that they understand that this conflict could potentially arise.  It is important to retain an attorney as early as possible, especially when there are multiple injured persons.  Your attorney can help assure that your claim receives full consideration when the insurance proceeds are divided and that your total recovery is as complete as possible.  Your attorney can help you to identify other sources of recovery which may include, but are not limited to: vicarious liability, product liability, workers compensation, medical malpractice, underinsured motorist coverage, uninsured motorist coverage, added reparations benefits and insurer bad faith.  Given the specific circumstances of your injury event and its aftermath, there may be other sources of recovery or valid claims that need to be made on your behalf.  It is important to retain an attorney as early as possible so that your attorney has the opportunity to investigate all potential avenues of recovery for you.

Popularity: 1% [?]

0
15
Feb

Low Visibility Leads to Multiple Car Pile Up in Florida

A few weeks ago, low visibility led to multiple car accidents on Interstate 75 near Gainesville, Florida.  A nearby brushfire caused fog and smoke to hover over the roadway making it difficult for drivers to see, which led to them crashing into the vehicles in front of them.  Reports indicate that the interstate was closed for a period of time due to the low visibility and then reopened.   The investigation continues but it is possible that the state highway department was negligent in reopening the interstate too soon.  There were several fatalities and many were injured.  Always be sure to proceed with caution in these conditions.

Popularity: 1% [?]