Summer is here and with it comes vacation plans. Whether you are going to the New Jersey shore or Costa Rica you should take a few minutes before you go to make sure that your health will be protected.
First, make sure that all of your insurance, both car and health, are up to date and paid for. Having a car accident or medical emergency far from home is the wrong time to find out that policies gave lapsed.
Second, make sure that you have enough insurance. Most people save a few pennies by opting for lower cost, limited tort insurance. If you have limited tort insurance you cannot sue for pain and suffering. Traveling on the road exposes you to a greater likelihood of an accident so make sure that you can address all of your legal rights with full tort insurance. You should also be aware that not every state recognizes full tort insurance. In New Jersey you are considered to have limited tort injuries, regardless of your insurance election. You will have to meet that state's guidelines if you want full tort status. Know the policies of the state you are traveling to.
Third make sure that you have towing and rental car coverage on your auto insurance in case you break down. Even if you do, looking into plans like AAA for additional coverage.
Fourth, bring a first aid kit, even if it's small. Many medical situations can be resolved with a couple of band aides or gauze. Having a few bandages, tweezers and neosporin can keep you on the go.
Fifth, take a few minutes to make see what you will need to do to get medical coverage where you are going. Are there hospitals near by? Will you need a referral? Do the hospitals take your insurance? Will you be out of your network! Finding out now will save you money later.
Sixth, make sure that you have all of your medication. Make sure that it won't run out while traveling. Finding a pharmacy on the road and getting prescriptions emailed or faxed can be frustrating and time consuming.
These steps won't take long and the chance of a medical problem or accident are small but they will ensure peace of mind and a wonderful vacation.
Monday, May 26, 2014
Tuesday, April 29, 2014
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.
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.
Thursday, April 24, 2014
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.
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.
Sunday, April 13, 2014
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.
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.
Thursday, April 3, 2014
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.
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.
Monday, March 24, 2014
Slip and fall season
Now is the time of year that everyone is falling. We must get at least one to two calls a week. Everyone has the same question...."I fell and hurt my back....how much money can I get?" This is almost impossible to answer and assumes that you were not at fault.
Let's start with the actual reason for the fall. The law requires that everyone be aware of their surroundings. We all have a duty to ourselves to be aware of where we are walking. If you slip and fall there is a legal presumption that you were not paying complete attention to where you were walking and therefore you are negligent to some degree. If a court finds that you were 10% negligent! they will reduce any award you get by 10% to account for this negligence. Just because you fall doesn't mean that someone else is at fault. If the ground looks icy and you step on it anyway you can't complain that someone should have cleared the ground of ice after you fall. Will you always have some degree of negligence? No. If you were distracted or otherwise prevented from paying attention to your surroundings you can not be at fault for not paying attention.
Now that liability is established we can get down to dollars and cents. How much is an injury worth? That is a function of the type of injury, the severity of an injury, your medical bills and your pain and suffering. We must also look at the jurisdiction where the slip and fall occurred. Juries in urban areas tend to award more money than in rural areas where the mood is more conservative In the end, you need to look at the facts carefully to determine negligence and value. Anyone who can predict from a few facts, the value of an injury is doing nothing more than telling you a number just to get your business.
The best advice....keep a good look out where you walk!
Let's start with the actual reason for the fall. The law requires that everyone be aware of their surroundings. We all have a duty to ourselves to be aware of where we are walking. If you slip and fall there is a legal presumption that you were not paying complete attention to where you were walking and therefore you are negligent to some degree. If a court finds that you were 10% negligent! they will reduce any award you get by 10% to account for this negligence. Just because you fall doesn't mean that someone else is at fault. If the ground looks icy and you step on it anyway you can't complain that someone should have cleared the ground of ice after you fall. Will you always have some degree of negligence? No. If you were distracted or otherwise prevented from paying attention to your surroundings you can not be at fault for not paying attention.
Now that liability is established we can get down to dollars and cents. How much is an injury worth? That is a function of the type of injury, the severity of an injury, your medical bills and your pain and suffering. We must also look at the jurisdiction where the slip and fall occurred. Juries in urban areas tend to award more money than in rural areas where the mood is more conservative In the end, you need to look at the facts carefully to determine negligence and value. Anyone who can predict from a few facts, the value of an injury is doing nothing more than telling you a number just to get your business.
The best advice....keep a good look out where you walk!
Friday, June 14, 2013
The Advantages of Chiropratic Care
Almost all of my personal injury clients come to me while they are still in pain. The treatment always seems the same. first they went to the hospital where limited x-rays were taken. Assuming there are no broken bones they are given a few pain pills and told to see their family doctor for follow-up. Then they go to their family doctor who almost always prescribes physical therapy. confussion, frustration and depression set in when they don't feel better following physical therapy. But why?
The problem is that physical therapy is good for muscle atropy and soreness as well as to expand a joint's range of motion. but that is often as far as it goes. The skeletal muscles are like the frame of a house. If the frame shifts, the house will eventually sag under the weight and stress and eventually collapse. When you are in an accident the force and speed of the collision can shift the spine and other bones out of place. Sometimes just working on the joints and overlying muscles is not enough. You have to start with the frame of your house; the skeletal bones. A good chiropractor can get the bones re-aligned which will give you the good foundation needed to start working on the muscles. I myself was in a bad car accident a few years ago and separated my shoulder. Physical therapy helped but without my chiropractor I would have been in a sling for weeks.
first, you should always follow your doctor's advice. but while your at the Doctor's Office being checked out, ask if Chiropractic care would be right for you. Sometimes it can be counter to the physical therapy because the muscles have to become strong enough to hold the adjustment. Sometimes it should come after the physical therapy (that's what I had to do); sometimes before; sometimes during. But at least ask. It is often an overlooked area because it is so misunderstood by the general public. What I do know is that many of our clients come back and say they finally feel better. That's what matters most.
The problem is that physical therapy is good for muscle atropy and soreness as well as to expand a joint's range of motion. but that is often as far as it goes. The skeletal muscles are like the frame of a house. If the frame shifts, the house will eventually sag under the weight and stress and eventually collapse. When you are in an accident the force and speed of the collision can shift the spine and other bones out of place. Sometimes just working on the joints and overlying muscles is not enough. You have to start with the frame of your house; the skeletal bones. A good chiropractor can get the bones re-aligned which will give you the good foundation needed to start working on the muscles. I myself was in a bad car accident a few years ago and separated my shoulder. Physical therapy helped but without my chiropractor I would have been in a sling for weeks.
first, you should always follow your doctor's advice. but while your at the Doctor's Office being checked out, ask if Chiropractic care would be right for you. Sometimes it can be counter to the physical therapy because the muscles have to become strong enough to hold the adjustment. Sometimes it should come after the physical therapy (that's what I had to do); sometimes before; sometimes during. But at least ask. It is often an overlooked area because it is so misunderstood by the general public. What I do know is that many of our clients come back and say they finally feel better. That's what matters most.
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