Insurance Offers to Settle

Insurance offers to settle

Many times a client will be offered something by an insurance company prior to hiring me.

The other day I met with a new client who had been offered $1000 pain and suffering for an accident that happened only about six days before.

The client was still hurting and had not even had a full complement of tests yet. But the insurance company pushed and said they could deposit the money directly in the person's account within 72 hours. I imagine having $1000 you may not have been expecting deposited into your account could be tempting for the average person.

Obviously, it works at least some because the insurance companies are trying these tactics now. They know if they can get you to sign a release early in the case prior to meeting with an attorney, you will not get the medical treatment nor the legal advice that it will take to fairly present your case.

And even though you hire an attorney, there is still only a very low chance of actually going to trial.  Good cases that are well worked up seem to settle fairly well. Sometimes mediations are handy to sort out issues and they often resolve cases. Further discovery such as doctors' depositions usually remove the doubt as to the client’s injuries.

As such, I can encourage you to seek legal advice following an accident that requires medical care. If it's a fender bender in the parking lot and no one is hurt that's fine. But if you have to spend time sleeping in a recliner, popping pills, hobbling around and worrying about missing work, that's not your fault. That's what insurance is there for. But sometimes they need help to see the value of your case. And if you choose to represent yourself don't be surprised if you get settlement offers that are not only low but also make no effort at all to fully compensate what has happened to you. The lowest level adjuster that you're dealing with is often only authorized to offer up to $1500 pain and suffering regardless of what your medical bills or other expenses are.

A concerned attorney will encourage you to seek treatment until you are feeling much better and then help you recover some of the losses from the accident. And although no one can guarantee any results in any specific case, the insurance companies actions show that they understand that attorneys cost them quite a bit more money. If they were being fair they would encourage you to go to an attorney and have their offer professionally reviewed.

Every now and then an insurance company makes a pretty fair offer. It's about the same rarity as the Congress making a great decision so don't count on it!

Distracted driving

Driven to Distraction
As an injury attorney, I see many accidents caused by distracted driving. Here are some of the biggest distractions:
1. Passengers.  Passengers are distracting, especially to teens who sometimes tend to look at their passengers as they talk.  Teen distraction by other occupants is the reason why they are limited under the current Tennessee graduated driver’s license scheme. Children seeking attention are particularly distracting to parents driving.
2. Cell Phones. However used, some amount of attention is diverted, if only momentarily, to the phone. In Tennessee, it is not yet illegal to talk on the cell phone while driving. Dialing a hand held is akin to texting. Some states require hands-free usage only. This still requires mental attention.
3. Texting.  Texting while driving is among the most dangerous activity. This is thought to be because it requires your eyes, your fingers and your mental attention.  It is thus impossible not to look away from the road on a non-hands-free system. On average, a person looks away about four seconds per text. At 60 miles per hours, this takes you down the road a football field length or so!
4. Grooming. Lipstick application, grooming and mirror-checking is best left to stop lights.
5. Eating and drinking. It takes some attention to grab and dip each fry. I have even seen a guy eat a large bowl of cereal on the interstate.
6. GPS devices. Inputting information is basically texting.
7. Rubber-necking.  This derisive term is applied to the inevitable accidents that occur in the lanes near an accident scene as people slow down to take a morbid look at the carnage. Deer, bear, coyotes, cougars or turkey near the road can also cause a pile up.
8. Stuff. Dropping things, like a cell phone, lip balm, or a map inevitably leads to the blind fumbling for it. Often, when you look back up, you may only see brake lights.
9. Pets. Fido has no regard for your safety, he just wants to be in your lap.
10. Sneezes. Some folks have caused accidents as they involuntarily closed their eyes while in a sneezing fit.
11. Bees or insects. Nothing is more distracting than a wasp on your nose or a spider on your face. One lady just jumped out of her car and the unpiloted auto kept giving the bee a ride while the former driver ran behind it and watched it drive into a tree. The bee appeared unhurt.
Share this with those drivers you care about.

DRUNK DRIVERS INJURE

Drunk Driving

I once had a comment on my blog from an active member of Mothers against drunk driving. MADD

She scolded me a bit for using the word accident to describe a crash involving a drunk driver that hit and injured my client. She went on to say that when someone drinks and then chooses to drive that everything that happens after that is intentional not an "accident."

I certainly sympathize with that point. My mother was almost killed by a drunk driver when I was just a child. In addition to the recklessness of driving drunk he also was cowardly and uncaring in that he and his buddies left my mother lying unconscious on the pavement and ran for their lives.

I also know that drunk driving tends to be a repeat offense type problem and thus how we characterize the offender has a lot to do with how I might feel about it.

Not to defend anybody but I think it feels different if we are talking about a person who is a well-educated person at a dinner party who has three or four glasses of wine over the course of an evening and hits a car at night with no brake lights on.

However, if I tell you that a man was driving recklessly through a school zone and hits children drunk at 2:30 on a Thursday afternoon and this was his fourth offense DUI it changes things.

Both are wrong. It is never okay to drink and then drive. And it makes sense. If you're in an airplane you don't want your pilot to have been drinking at all. Well, we are all on the road and we don't want anyone around us to have been drinking at all either. Cars kill more than planes ever will.

Unfortunately, many of my clients are hurt by drunk drivers. The drunk drivers tend to be very loose and most never are injured.  I also realize now that there is even a group called FADD or fathers against drunk driving.

The statistics on these issues are shocking:
Alcohol related crashes are the leading cause of death for young Americans, between the ages of 16 and 24 years old. For all Americans between 5 and 35 years of age, motor vehicle accidents are the number one cause of death. Alcohol-impaired drivers cause over 50% of these accidents.
Over 50% of all fatal highway crashes involving two or more cars are alcohol related. 
 Over 65% of all fatal single car crashes are alcohol related. 
Over 36% percent of all adult pedestrian accidents are alcohol related. 
80% of all fatal alcohol related auto crashes occur between 8 pm and 8 am. 
36% of all adult pedestrian accidents involve an intoxicated pedestrian. 

Every year, 708,000 persons are injured in alcohol related crashes; 74, 000 of those people suffer serious injuries. 

About 2,000 people are hurt each day in alcohol related accidents. Two million alcohol impaired driving collisions occur each year.
So when were watching the games, and we see you guys all clinging bottles of beer together and say "it doesn't get any better than this".  Just remember, the beer commercials never show those guys driving home. For that matter, alcohol commercials never show the winos in the gutter, the abused wives and children, the suicides, the fights, the vomit-coated jail cells, the liver transplant list, and the broken-hearted children who carry the scars of being raised an alcoholic home to future generations.
So for the safety of all of us on the road, if you must drink, get someone else to drive or stay home.

Mr. Peel seeks justice for those injured in car accidents, work place incidents, medical malpractice, and nursing homes. He often addresses churches, clubs and groups without charge. Mr. Peel may be reached through PeelLawFirm.com wherein other articles may be accessed.

Accidents

What to Do After an Accident

You thought they were going to stop.

They pulled right out like you were not there. There was no way you could avoid them.

You may have found yourself in this situation before. After an accident, people are stunned, injured, scared. Massive amounts of adrenaline dull pain in what is known the “fight or flight” response.

Post accident response in a serious collision is one of the things that you need to think through now, because at the time it is unlikely you will be thinking as clearly.

Here are steps you can take:

1. It is usually recommended that you stay in the car unless there is actual fire or burning or someone else is in immediate jeopardy. (The whitish powdery smoke you will see is from the airbags, more than likely, and is not dangerous.) Cars rarely catch on fire, but it can happen. Be careful, as many people are hit as pedestrians by passing motorists after an accident.

2. Dial 911. It is best that an ambulance with trained first responders evaluate everyone involved. Self-diagnosis after such an impact is difficult and even dangerous. Especially in cases of undiagnosed head or spinal trauma, permanent damage can be done by movement.

3. If you or another are able and out of the car, take cell phone photos of the scene. This proves the arrangement in case the cars are moved before police investigate. Do not get into fault discussions with the other parties.

4. Do accept treatment and recommendations from first responders. They are in a much better position to decide what you might require. Transport to a good Emergency Room, not necessary the closest, is desirable.

5. Follow up with general doctors and specialists as you require. The “muscle tightness” after the wreck is likely to be severe pain in the days following.

6. Contact your insurance company; and consult an injury attorney to discuss your right and responsibilities, if you believe you were not at fault.

Much like having a fire drill, these steps should be thought through before it happens. The Department of Transportation's National Highway Traffic Safety Administration estimated that 37,313 people were killed in motor vehicle traffic crashes in 2008. Motor vehicle collisions the leading cause of injury death among children worldwide 10 – 19 years old (260,000 children die a year, 10 million are injured) and the sixth leading preventable cause of death in the United States (45,800 people died and 2.4 million were injured in 2005). Odds are good that you will be in at least one crash during your lifetime.

You will have an idea of what to do if that happens.

David B. Peel is a local injury attorney who assists victims of car and truck accidents. Mr. Peel often speaks to civic clubs, churches, Sunday Schools, and other groups without charge. He may be reached at www.PeelLawFirm.com wherein other article may be found as well.

Christians and Lawsuits-- Should A Christian Sue?

 

As a Christian, and a lawyer, I have been asked about this many times.  As with any question, we should consult the Scriptures first.

The Biblical text that is most often cited is Paul’s letter in 1 Corinthians 6:1-8:

If any of you has a dispute with another, dare he take it before the ungodly for judgment instead of before the saints? Do you not know that the saints will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? Do you not know that we will judge angels? How much more the things of this life! Therefore, if you have disputes about such matters, appoint as judges even men of little account in the church!  I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother goes to law against another—and this in front of unbelievers!  The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? Instead, you yourselves cheat and do wrong, and you do this to your brothers. (NIV)

Let’s look at the passage carefully. The kind of cases involved in the passage are described in the text:

A “dispute,” that is “trivial” in nature, “between believers,” involving being “cheated” and “wronged” and this dispute could well be judged by a “man of little account in the church.” 

The type of actual dispute is not revealed, but from the description above it is clear that it involves a matter that is between two believers, where one feels cheated or wronged and appears--to others at least--as “trivial” in nature. The Bible expressly states that legal action in that situation is shameful.

An example of that might include a Christian church member suing another member for slander for unknowingly sharing partially false information in a prayer request about her, and hurting her reputation.  Or, it could involve a dispute between two members of a church suing one another over the giving of a poor reference for a job. (Yes, both of these are unfortunately based on real cases).

There is little doubt that these bring the reproach of men upon the church, and are horrible examples. However, Paul himself resorted to law twice when he was wrongfully arrested as a Roman citizen.  He also used the threat of law in Acts 16:37. When one examines the Biblical admonition carefully, there is a clear distinction depending upon the type or nature of the dispute.

For instance, cases that I handle generally involve serious injuries or death. Any case involving grievous injury or death, by definition, is not at all “trivial.”  I hasten to add that 98% of cases settle without trial, so even the most serious cases rarely see a courtroom. Mediation, which is based on Matthew 18, is often used with great success.

Further, these types of serious disputes are rarely actually “between believers” in any real sense. For instance, if I represent you because you were paralyzed when a truck rear-ended your car, I have to name the negligent driver of the truck (who may be a Christian) in order to obtain the compensation due from his auto insurance.  Recall as well, that insurance is purchased to assist us all in paying for accidental acts that may harm someone, and to help protect our assets in that event. It is exceedingly rare for any case to cost an insured driver one penny personally. Many cases are against large corporations that, of course, do not have souls, and therefore cannot be believers.

I may represent a Christian, against a nursing home chain for neglect in allowing terrible bedsores. This is usually a large corporation that often put profits over people. These cases are clearly not what is banned in the Corinthians passage.

Finally, cases that I handle, against negligent drivers, doctors, hospitals and nursing homes are not at all the type of cases that can be resolved by “men of little account in the church.”

While there are many other types of law, the type that I deal with is mentioned frequently in Scripture. Much of our civil injury law (called “tort law”) is actually based on the Bible’s passages.

For instance, the law governing dog bites in Tennessee states that if my dog is not known to bite I have no liability for it doing so. However, if my dog has a vicious nature and is known to bite then I am liable in tort law for all damages. Compare, Exodus 21:28:

If a bull gores a man or a woman to death, the bull must be stoned to death, and its meat must not be eaten. But the owner of the bull will not be held responsible. If, however, the bull has had the habit of goring and the owner has been warned but has not kept it penned up and it kills a man or woman, the bull must be stoned and the owner also must be put to death. However, if payment is demanded of him, he may redeem his life by paying whatever is demanded.

Or, look at the law regarding a slip and fall on a premises owned by another. If I create a condition that I know is dangerous and leave it as a virtual trap for another, I am liable in civil damages. Compare Exodus 21: 33:

If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss;

Other interesting accidents in Scripture include the negligent attaching of an axe head to an axe handle such that it flies off and kills someone while chopping wood (Deut. 19:5); and the dropping of a stone on an unseen man (Num. 35:22).

Also, the negligent person has a responsibility as well.  Sometimes people talk of lawsuits being a way of making another person responsible for one’s own misfortune. But, if not for lawsuits generally, we may still have Ford Pintos with exploding gas tanks on the road, burning people alive after very minor car accidents. The medicines we take would not be so thoroughly tested.  Nursing homes would not be under any incentive to give better care.

As you can see, the Bible does not forbid lawsuits, but it gives us much direction. Here is a Biblical checklist that may be helpful in evaluating a potential claim:

1.              Is this matter “trivial?” (If so, overlook it.) (1 Cor 6:2 & Col 3:13).

2.              Is this matter solvable by involvement of others at church? (1 Cor 6:4 & Matt 18:15).

3.              Are my motives selfish or vengeful? (If so, stop). (Phil 2:3)     

4.              Have I tried to resolve my claim before suit or court? (Proverbs 25:8).

 

In the end, some will say, my cases are about money. I understand the criticism.

 

However, as I may tell a jury, “Don’t give her money---give her back time…give her back years of pain…give her back a life without this suffering…give her back her quality of life.  But if you cannot give these things, then compensation is all we can ask for. It gives her freedom and it gives her choices. That is all we have to offer her.”

 

David B. Peel

 

Phone Calls After Accidents

It is regrettable, but many of my clients receive phone calls after accidents they are involved in. These come from call centers presumable run by doctors and clinics. Lawyers are generally , for good reason, expressly forbidden from directly contacting an injured person (ambulance chasing). 

But, these rules do not apply to doctors and clinics. Some use official sounding terms like "Tennessee Accident Investigation Bureau" offering free therapy. (of course, they refer you to a firm).

If you have an accident where you are not at fault, you may want to turn your phone off for a while, except to call a lawyer you know and trust. 

UNINSURED MOTORISTS IN TENN

Longtime readers will know that I always recommend carrying lots of Uninsured Motorists/Underinsured Motorists (UM) Auto insurance coverage. It is a combination coverage, and both are included under the term “UM.”

Why Uninsured?

Because this is the policy that you will turn to in a hit and run, or if you are hit by a fleeing criminal.

Why Underinsured?

Because you have more money available to you in the event of a tragic accident.

Example: Woman Driving drunk plows into you from behind. You have a broken shoulder blade and a punctured lung.

• Your medical bills: $41,00.00
• Your lost wages at work: $8,900.00
• She has $25,000.00 of insurance (normal in Tennessee). If that is all you have, then the most you can receive in this example is $25,000.00

But what if you have $100,000.00 of UM?

• You would recover all of the$100,00.00 (25K form her, and 75K from your carrier.) That is why UM is so important.

It is not usually too expensive either, especially with older cars. Call your agent and make sure you and your family have plenty of this coverage. Some agents will say it is not important. They do not see what I see everyday. — David Peel