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Most Recent Legal Answers

Finding an Attorney That Puts Clients First

February 10th, 2012 | Posted By Heather Lottman | Comments (0)

It may sound counterintuitive, but personal injury law is not a numbers game. In fact, giving the impression that it is all about the numbers is one of the biggest red flags a personal injury form can throw.

It should be all about the client. When you see or hear a personal injury lawyer tout his or her success in numbers, you know to be a little wary of the firm’s bedside manner. If it is all about the dollar amounts the attorney racks up like so many trophies on the wall, where will you fit in? What about the real person behind the dollars that has suffered a life changing, possibly crippling injury?

No matter the size of the firm, as a potential client what you need to see is a group of concerned professionals who treat you as if you were the only client the firm is working with at the time. No matter how many partners’ names decorate the wall, a good personal injury law firm will be impossible to tell from a small town law firm.

A personal injury lawyer must be personal; trying your case personally; ansering your questions personally. This level of personal attention makes a good attorney select the cases he or she represents carefully.

Attorneys that will take on just any case without a careful selection process may not be as dedicated to the practice of pursuing cases with real merit. For those that would take on any came regardless of how flimsy it may be, you have to wonder: Is this really just a numbers game?

Some signs point to the law firm’s commitment to their client’s needs. For example, a firm that offers a free initial consultation and uses that time as a tool to determine the validity of a case is no doubt devoted to pursuing only those cases that are worth their time and resources.

What that means is that the firm who carefully selects its cases will have the resources available to be thorough, and not divided among cases that will not bear out. That is a law form that can and will devote its best work to you and your case.

Posted in: Personal Injury
Location: Kansas

How to Interview a Personal Injury Attorney

January 30th, 2012 | Posted By James Roswold | Comments (0)

When you need a personal injury attorney, your life is usually stressful and complicated already. Finding the right attorney to represent you and your case is no easy affair, and nothing you want to have left to chance.

Choosing the right attorney for you should be more in depth than just an act of opening up the local phone book and picking the first listing you come to. The lawyer you pick will be the lawyer you develop a relationship with, a relationship that needs to be built on trust and understanding and confidence. Simply calling a toll free number flashed across the screen during a thirty second TV spot is not the right way to find the attorney. You need more than just empty advertising promises to assure you that this is the right professional to handle such an important thing as your personal injury case.

There are a series of questions you should ask each attorney you interview. Begin with questions about the attorney’s background and education. Where did he or she go to school? Ask about credentials or memberships in particular state or national attorney organizations. Find out if the attorney regularly pursues education by attending Continuing Legal Education courses.

Ask the following as well:

Do you represent only personal injury clients?
Do you have clients that are large corporations or insurance companies?
What is your case experience? Have you handled the type of case I have before?

Ask about case histories. Are there paces you can go to read testimonials from other clients? Has the attorney published articles, e-books, or other media? If the attorney provides you with any of these materials, read over them carefully. How do former clients describe the attorney’s bedside manner?

Find out what percentage of the attorney’s case load deals with personal injury law. Does the attorney always represent accident injury victims? Or is his or her time divided between representing individuals and large companies, or even insurance companies?

Next, specifically question the process used by the attorney’s office:

Who will be working on my case? Who might I have contact with on a regular basis?
How often will you keep me informed or updated on the case?
Who can I call with questions?
Who will be working with me directly?

Ask about taking copies of the fee agreement in writing. Can you leave with one after the first consultation in order to give yourself some time to think about it? Be sure to outline any questions you might have and ask them before you sign a contract.

There may not be a black or white right answer to any of these questions, but as a consumer, you owe t to yourself to go into the attorney/client relationship with both eyes opened. If the attorney is reluctant to share information with you, it may be the clue you need to keep looking. Above all, you need a lawyer who will represent your interests, and the first step to that end is open and honest communication.

Posted in: Personal Injury
Location: Missouri

Doctor’s Appointments and Your Personal Injury Case—5 Things You Should Do

November 16th, 2011 | Posted By Stuart Carpey | Comments (0)

1. Be honest and open with your medical professional

Doctors, physical therapists and other healthcare providers are available to help cure and treat your injuries. Tell your medical professional about all pain and discomfort that you have felt since your accident. Pain and suffering is one of the main elements of damages in any personal injury case. Don’t keep these things to yourself.

2. Be as descriptive as possible

It is important for your personal injury case, and for your well-being, that you be thorough in your description of the injuries you have suffered. Tell you doctor where the pain is located, how painful it is, what you believe caused the pain, and how long you have felt it. It is often helpful to keep notes on your pain and discomfort before an appointment with a physician. This helps you get the most out of your doctor visits.

3. Make sure all of your questions and concerns are addressed

Tell your doctor everything; even if you are not sure that it is relevant. Explain past injuries, whether or not they are accident related. If you are concerned that your injury will prevent you from working or going about daily tasks, address this. You appointment is your opportunity to have all questions answered. Do not leave the appointment with lingering concerns.

4. It is your right to get a second opinion

Sometimes patients disagree with doctors. If, for any reason, you are not satisfied with your doctor’s diagnoses, you are entitled to get a second opinion. Each doctor is different, with different professional experiences. It is possible that you can find a doctor who has a better understanding of your injuries. Furthermore, getting a second opinion can help to clear your mind of any doubts regarding your treatment plan.

5. Maintain the routine established in your treatment plan

One of the biggest problems in a patient’s recovery is not keeping up with his or her treatment plan. Adhere to the course prescribed by your doctor. Part of your recovery depends on you and your dedication to the healing process. Listen to your doctor or physical therapist, and always make the recommended follow-up visits.

Posted in: Personal Injury
Location: Pennsylvania

What You Should Know About Cancer Misdiagnoses

November 14th, 2011 | Posted By Stuart Carpey | Comments (0)

Studies conducted by the American Cancer Society (ACS) say the lifetime probability of an American developing cancer is 44 percent for men and 38 percent for women. Statistics like these can be frightening, but they also emphasize the importance of getting the recommended cancer screenings.

Of course, one must remain aware of the possibility for mistakes in cancer diagnoses. Medical professionals and equipment are rarely perfect and can occasionally misdiagnose or overlook cancers.

RightDiagnosis.com, a website which publishes results of cancer research, reports that “failure to diagnose or treat in time was the most common cause of a patient safety incident, with a rate of 155 per 1,000 hospitalized patients.” The website also submits that most medical malpractice lawsuits involve misdiagnosis of cancers.

Here are the most common cancer misdiagnoses:

Breast cancer
Lung cancer
Colon cancer

Right Diagnosis reports that cases of misdiagnosis often occurred in hospital emergency departments and ICUs, with one study finding a rate of 20 percent misdiagnosis in ICUs.

There is, unfortunately, a lack of concrete statistics regarding cancer misdiagnoses. But, when it comes to cancer, it is never a bad idea to get a second opinion.

Posted in: Personal Injury
Location: Pennsylvania

Can Facebook Ruin My Personal Injury Claim?

September 1st, 2011 | Posted By Jason Epstein | Comments (0)

One of the very first suggestions that we make to all new clients is to temporarily shut down any and all social networking accounts that they have on sites such as Facebook, Twitter, MySpace, YouTube, and any other site you use to network on the internet.

We stress the importance of closing these accounts until your case is over because anything you write or post will likely fall into the hands of the defense attorney for the insurance company you are seeking money from. Insurance companies are using social media sites to obtain as much information against people seeking claims as they possibly can. They will try to obtain this information without your knowledge, and have become experts in twisting your pictures and written posts into evidence against you to prove that you were never actually inured or that your injuries are not as serious as you are claiming.

If you choose not to fully close your accounts at least make sure that your settings are on private and do not post anything, text or pictures that could be used against you. But remember, even with your settings at the highest possible security level these sites are still open to the public and your activity could fall into the wrong hands.

With so many people using social networking sites to keep in touch with friends and family, insurance companies, investigators and defense attorneys have increased their electronic surveillance to monitor people that are filing injury claims. They are looking for any information that will prove your claim to be false, and oftentimes this means taking photos and comments they find out of context and using it against you. We have seen insurance companies take innocent joking between friends and distort it into making the injured victim seem like he or she is faking their injuries.

Taking down social networking profiles could potentially be the difference between getting the settlement you deserve and not getting anything; which would you prefer?

The safest move is to take down your sites completely until your case is over. I know that for most people, social networking is a part of everyday life and not everyone is open to the idea of taking down their profiles. So, if you decide to keep your profiles up with the private setting here are a few recommendations that could make a big difference for your case:

DO NOT…

Allow anyone to become your “friend” on a social networking site unless you are positive that you know and trust that person.
Post any photographs or video of yourself, and request that your friends do not post anything with you in it as well. If you are “tagged” in a photo, ask whoever posted it to take the picture down, and at the very least, “un-tag” yourself in the picture.
Write anything about yourself that you would not want the opposing side to bring up in a trial.
Send emails or text messages to anyone about your case except your attorney.
Participate in online discussions about your case, including blogs, chat rooms and message boards.

At Premier Law Group it is our job to get you the best possible settlement, but to do that it will require some work on your part. If you need help dealing with your personal injury claim, contact the experienced Seattle personal injury lawyers at Premier Law Group today at (206) 285-1743 for a FREE consultation. For more information, you can get my books on Washington auto accident law for FREE by going to http://www.plg-pllc.com/books.

Posted in: Personal Injury
Location: Washington

How Is The Value of My Injury Claim Determined?

August 15th, 2011 | Posted By James Roswold | Comments (0)

There are 3 main factors that determine the value of your injury claim following a motor vehicle accident.

1) Your Medical Expenses

Generally, the more medical bills you have incurred as a result of an auto accident, the greater your injuries. That increases the value of your overall claim. This does not mean go out and incur as many medical bills as possible because a jury will know if you have over treated. One of the roles a jury plays is to determine whether the medical expenses you incurred were reasonable and necessary to treat your injuries. Juries also tend to give more credence to physicians and physical therapists than they do to chiropractors and other alternative treatment sources.

In Missouri, the law states that when determining the reasonable value of your medical bills, there is a rebuttable presumption that the amount paid is the reasonable value. In other words if you have health insurance that pays for your medical treatment following an accident, the insurance company is able to present the amount paid by your insurance, which is typically lower than the amount charged, to the jury. Health insurance companies contract with hospitals and doctors for certain rates and part of the bill is paid and part of the bill is adjusted. So if you incur $25,000 in medical charges but your health insurance only paid $17,000, the negligent party’s car insurance company will argue to the jury that your bills incurred were actually $17,000, not $25,000.

2) Your Wage Loss

The more wage loss you incur, the more likely you are to receive a higher jury award. You must be able to provide proof of lost wages with documentation by your employer. Income tax returns also help provide this information. Your inability to work must be supported by your injuries and your medical treatment. Work releases from the physician provide proof that your injury warrants time off of work.

3) Your Property Damage

Car Crash Property Damage

Generally speaking, the more damage your vehicle sustains in a car accident, the more likely you are to receive a higher recovery. Although it is possible to sustain a significant injury in a low impact crash, juries tend to think of higher impact collisions as causing more injury. Therefore, it is important to take pictures of the damage to your vehicle. These will play a significant role in determining the value of your claim.

If you have been injured in an a car accident in Missouri, contact the experienced Missouri car crash lawyers at Kansas City Accident Injury Attorneys.

Posted in: Car Accidents, Personal Injury
Location: Kansas City, Missouri

Medical Bills: Who Pays After An Auto Accident In Kansas?

August 15th, 2011 | Posted By Heather Lottman | Comments (0)

Following a motor vehicle collision you will be responsible for your medical bills initially, even if you are not at fault in causing the auto accident. Unfortunately, the negligent party’s insurance company does not pay medical expenses as they are incurred.

Medical Bill

If the accident occurred in Kansas or if you have a Kansas auto insurance policy, you will have Personal Injury Protection (PIP) benefits. Those benefits will provide coverage for some of your medical expenses and wage loss. PIP benefits include up to:

$4,500 per person for medical bills and prescriptions;

$900 month for lost wages for up to one year;

There are often additional benefits for in-home services and rehabilitation expenses. Contact your auto insurance company to find out additional information on your available PIP benefits.

If you have health insurance, you should use it. Ultimately, your health insurance company may be entitled to reimbursement but it will cover your expenses until you can make a recovery. Kansas does require that you exhaust your PIP coverage before using your health insurance, though.

Your HEALTH is most important and issues of fault can be determined later so do not hesitate to use your own insurance.

Once a physician determines you have reached maximum medical improvement and releases you from care, we will order all of your records and bills, so we can understand the extent of your injuries and damages. Once we have all of your records and bills, we put together a demand package to submit to the negligent party’s insurance company in an effort to resolve the claim without litigation. This will include a demand for your medical bills, lost wages, and any future medical treatment, if any and pain and suffering.

If you have been injured in a car accident in Kansas, and you have questions, contact the experienced Kansas auto accident attorneys at Kansas City Accident Injury Attorneys at 816-471-5111.

Posted in: Car Accidents
Location: Kansas, Kansas City, KS

Prevention Tips For Diagnostic Errors

August 3rd, 2011 | Posted By Stuart Carpey | Comments (0)

Diagnostic errors happen when a doctor comes to an incorrect conclusion about their patient’s ailment. Doctors at Johns Hopkins have stated that diagnostic errors are responsible for 40,000 to 80,000 hospital deaths per year. Here are some helpful tips that you as a patient can follow to minimize the chance of an error.

Don’t wait to take care of troublesome symptoms that may land you in the emergency room. Once urgent care is needed the chance of a diagnostic error drastically increases.
Don’t hide anything from your doctor. If you are taking medication or have any disease or illness you need to disclose that information to your doctor. The human body can have different reactions to illnesses because of medications that may have been taken. Further certain combinations of medications can prove to be lethal.
Ask about alternative diagnoses.
Get multiple opinions. This is important especially for serious potentially ailments because it shows whether doctors are in agreement about what is wrong.
See a specialist. Specialists focus on specific areas and therefore will likely give you a more accurate diagnosis.
Research your condition. If you research your condition you will feel more comfortable speaking with your doctor. Many patients are nervous about speaking with their doctor but communication between the doctor and patient is key for a correct diagnosis.

Stuart A. Carpey is a nationally renowned personal injury attorney with locations in Philadelphia, Pennsylvania and Conshohocken, Pennsylvania. If you or a loved one has been injured in a bus-related accident in the Pennsylvania area, please feel free to contact the law offices of Kreithen, Baron & Carpey PC., for a free consultation.

Posted in: Personal Injury
Location: Pennsylvania, Philadelphia

Are Buses A Safe Way To Travel?

August 1st, 2011 | Posted By Stuart Carpey | Comments (0)

With over 750 million passengers, one of the most common modes of highway transportation in the U.S. is buses and motor coaches. As safe as they can be, each type of motor coach presents a different danger.

Intercity Motor Coach Buses

Intercity coach buses, for instance Mega Bus, Bolt Bus and Greyhound (Greyhound owns Bolt Bus), are taken by thousands of people every day to go from city to city. Most of these vehicles are equipped with seatbelts but passengers still suffer from bus accident fatalities. Roadside inspections and compliance reviews are regularly conducted, according to the Federal Motor Carrier Safety Administration (FMCSA), which oversees motor coach safety. However, it is up to the bus companies to follow these safety regulations and ensure compliance.

Most common types of safety violations include:

Driver fitness and fatigue
Defects (ie. Faulty brakes, cracked windshield, low tire pressure etc.)
Outdated driving logs
Speeding and other local traffic violations

School Buses

School buses are statistically one of the safest forms of transportation because of an occupant protection system utilized on all school buses called ‘compartmentalization’. According to the National Transportation Safety Board (NTSB), compartmentalization in school buses means strong seats, closely spaced together, high backed, well padded, and are designed to absorb energy during a crash which provides protection for front and rear collisions. However, compartmentalization does not protect much against side impacts and roll-overs.

According to the NTSB wearing lap-shoulder belts could reduce the risk for passengers being killed in a rollover crash by 77%. In August 2010, the NTSB issued recommendations to include lap belts in school buses, but have yet to be made mandatory.

Party Rides/ Limo Buses/ Luxury Buses

Party rides today present a new and different type of danger. These new types of buses can hold between 10-50 people and are usually equipped with surround sound, smoke machines, laser and disco lights. Even with these amenities, the party bus is still a bus and therefore still subject to motor coach regulations. The lounge-type mood encourages drinking and dancing and is detrimental to passenger safety by making them more vulnerable to injuries following a collision. Typically, there are no seatbelts in party buses, nor is there any form of compartmentalization (high backed, padded seats). The chauffer is not always closed off from the rest of the bus, and therefore could easily be distracted with a bus-full of party goers. These accidents can result in catastrophic injuries and death because passengers are moving around and there are simply less safety features than the typical bus. For instance, in a recent Safety Research & Strategies article, in March 2011, 15 passengers aboard a casino bus were killed while 18 were injured.

Stuart A. Carpey is a nationally renowned personal injury attorney with locations in Philadelphia, Pennsylvania and Conshohocken, Pennsylvania. If you or a loved one has been injured in a bus-related accident in the Pennsylvania area, please feel free to contact the law offices of Kreithen, Baron & Carpey PC., for a free consultation.

Posted in: Car Accidents, Pedestrian Accidents, Personal Injury
Location: Pennsylvania, Philadelphia

Distracted Driving Prevention

July 28th, 2011 | Posted By Stuart Carpey | Comments (0)

Photo By Superstock.Com

Distracted driving is one of the leading causes of car accidents and has become a recent epidemic due to the rising popularity of cell phones. According to a study from Virginia Tech Transportation Institute, cell phones were deemed to be the number one driver distraction and the risk of a crash / near crash was 23.2 times more likely to happen when texting. Additionally, texting while driving is about 6 times more likely to result in an accident than drunk driving.

Texting while driving slows the driver’s reaction time, and redirects the driver’s attention away from the road, putting themselves as well as other drivers in danger. One way to protect yourself from distracted driving is to install text-blocking software or applications. These types of anti-texting software can have several types of functions, such as:

Reading texts and alerts aloud.
Sending auto texts that the driver is currently operating a motor vehicle and cannot respond.
If travelling at speeds higher than 5 mph blocks/locks the cell phone (via GPS system), only allowing for emergency 911 or speed dial phone calls.

The prices of these applications vary, averaging about $5 per month per phone line, with some being free.

Because teens make up the majority of cell phone usage, most of these text and internet blocking software are specifically designed for teen drivers and their concerned parents. Another method of preventing texting and driving are anti-usage pledges.

One program that our firm supports is Teens Against Distracted Driving (TADD), which educates teens to spread the word about the dangers of texting and driving. If you or a loved one has been invoved in a distracted driving accident in the Pennsylvania area, please feel free to contact Stuart A. Carpey at the law offices of Kreithen, Baron & Carpey PC., for a free consultation.

Posted in: Car Accidents, Personal Injury
Location: Pennsylvania, Philadelphia

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