What is underinsurance and uninsurance?

In the last couple of years people have been trying to save money by reducing the amount of insurance they carry. Combined with the fact that many people have little money or assets to seize  we are now facing a scenario where people can drive risk free without any concern for the damage they cause on the roadway. Drivers are not concerned about being sued since you can't get blood out of a stone.

The last few suits that I have been involved in dealt with this very scenario. It's hard to tell someone who is facing a lifetime of pain that there is little money to be recovered to ease their financial burden. But there is something that you can do; purchase or increase your underinsurance and uninsurance coverage. These coverages can be found on the Declaration Page of your auto insurance policy. If you have this coverage you can apply for this money should you be struck and injured by an uninsured driver or one who carries very little insurance. Recently we were able to get several hundred thousand dollars to an injured motorists struck and left at the scene by a driver with a suspended license and little insurance. It meant the difference between a comfortable future and one of uncertainty with mounting medical bills. Everyone should check your policies. If you don't have this coverage, get it. If you have it, make sure that you have at least $100,000 in coverage. It might cost more but when tragedy hits you will be glad you spent the money.

Injuries equal frustration and depression

Were all competitive to some degree. We all have standards of where we are in life, how we think our bodies should look, how we should feel. We're also getting older and with that the realization comes that we don't heal as fast.

My clients all say the same thing; "I'm not getting better and I don't know what to do." I've been there to. Auto accidents cause all sorts of trauma and injuries to the human body. Muscles are pulled, bones broken, ligaments torn. It takes a long time to recover from these injuries. When we get injured the doctor tells us how long it will take before we should feel better. Even if they don't we set our own time line as to when we think we will be better. When I separated my shoulder in a car accident I did the same thing. And when that time comes and goes and we are still not better we get frustrated and depressed. I tell my clients to expect this. It's just a natural process we go through. That said, it is also a part of damages that attorneys don't take into account. Spending days, week and months depressed and wondering if this is the best we will feel is agonizing. I take this into account when I present my cases and ask Judges and juries to award monies for these all too real emotions. I also tell my clients to not accept the answer "there is nothing more that we can do." If you truly are not getting better after an accident, go back to the doctor, find a new doctor, get an new recovery plan. Don't get frustrated. But if you do, document it. It is part of the healing process and needs to be accounted for in court.

Motorcycle Accidents

The weather is finally warmer so people will finally be getting out on their motorcycles for the season.  Every year we get a lot of calls from motorcyclists who have been injured. They all have one thing in common. The collision was caused by someone in a car who was not paying attention. Motorcyclists are usually very careful but other drivers are not. If you are out on the highways, keep a good look out for motorcycles, give them plenty of room and put your turn signals on well in advance of a turn so they have some warning.

If you are a motorcyclist and are injured you are automatically given full tort status in Pennsylvania. The injuries are usually bad given the lack of protection. Make sure that you get checked out immediately for injuries as many cyclists will have internal injuries that are not apparent at first. Make sure that your motorcycle is preserved and photographed along with any injuries you may have. These important pieces of evidence often are forgotten and will help establish your claim. Accidents investigation is difficult with motorcycles as the police often have a hard time establishing speed. If you preserve your motorcycle after the collision until the police can view it you will have helped preserve this difficult part of the investigation. Any clothing you were wearing that is damaged should also be preserved and photographed.

Hopefully you will never experience one of these collisions. It's a fun hobby but a dangerous one as well.

How much is my case worth?

Lately I have been seeing this question a lot. I subscribe to a number of sites that allow the general public to ask legal questions. It seems that a lot of people have been getting hurt and the first question they have is "how much is my injury worth?" Personal injuries are very personal and very specific. An injury effects everyone differently. For example, I sit at my desk everyday so a broken leg doesn't stop me from doing my job but it does prevent me from doing what I love most and that is long distance running. A construction worker however may not do anything physical at home but will lose his income if he has a broken leg. Same injury but 2 different results with 2 different values. My broken leg must contain a value that reflects the mental suffering that I will have as I get depressed because I can't run. The construction worker's case must contain a mental value as he will stress over lost income, AND a lost income figure. Add to this the medical bills that must be paid, health insurance that must be repaid and future medical costs for rehabilitation.

When people want to know what their case is worth i can't help but wonder if they just want a quick answer so that they can go to the insurance company and make a quick deal. This is a mistake. Insurance companies are not in the business of writing checks. They are in the business of receiving them! If they can give you less they will. That's just good business on their part. They won't pay you what a case is truly worth unless they have to and if they know you are inexperienced they will try and get one over on you and offer less. If someone can put a dollar value on an injury without looking at all of the components then they are probably leaving some money on the table.