How To Know What To Expect From The Insurance Company

The light at the end of the tunnel, for those who have been injured in a car accident, is the prospect of fair compensation. You know the accident was not your fault, but what can you expect from the other side’s insurance company? Read on for a guide to how insurance companies determine how much you are entitled to receive as a result of your injuries.


Everything that happened to you as a result of the automobile accident can be summed up with the term “damages.” Damages can include several different areas of compensation, all related to the cost of your injuries. Commonly, you can expect to be compensated for:

1. Medical Expenses: Anything from treatment at the scene to continuing physical therapy is included—doctors, hospitals, mental health treatments, medication and home care, and anything else required in an attempt to bring your state of health back to the pre-accident level.

2. Vehicle and Personal Property: Not only are you entitled to a vehicle repair or replacement, you should also claim any personal property, like child car seats and cell phones that were lost or damaged as a result of the accident.

3. Lost Wages: All time off from your job to spend recuperating or attending to any medical treatments can be claimed. Additionally, you may have a claim for any loss of business, bonus or raise if you can show that the accident interfered with a client appointment or other work-related issue that could have improved your chances for additional career advancement.

4. Permanent Disability: If your injuries prove to be so severe that you suffer a lifetime of being disabled, you could be entitled to a lump sum payment to compensate you for your loss of earning ability.

5. Pain and Suffering: A traumatic event like a car accident can have a devastating effect on your emotional well-being and you may find yourself suffering from depression, anxiety, moodiness, eating and sleeping difficulties, and more. Don’t neglect the effect the accident has had on your family as well as on you.

5. Miscellaneous: Cancellation of planned vacations, missed educational opportunities, missed family events, etc.

How Damages are Calculated

The most important figure in the calculation for damages is the dollar amount of your medical expenses, so be as accurate as possible with that number. The medical expense figure is multiplied by a number that corresponds with the severity of your injuries. For example, if your severity number is a 5 (the highest number), you can expect to be offered 5 times the dollar amount of your medical expenses. Your vehicle loss and lost income is then added to that figure for a final settlement offer amount.

It’s very important to understand that this calculation produces only a general, ballpark guideline and you and your personal injury attorney should use that calculation to arrive at your own figure for negotiation purposes.

Contact a personal injury firm such as Wolfley & Wolfley, P.S. to help ensure that you get the compensation that you need and deserve as a result of car accident. 

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Undetected Brain Trauma: Can You Bring A Case Against The Emergency Room Doctors?

If emergency room doctors didn’t detect your brain trauma after your car accident, contact a personal injury attorney for help. Although auto accidents can cause internal and external injuries, it’s not always easy to see internal injuries right away, such bleeding from your brain. This is why it’s critical that emergency room doctors use CT scans and other diagnostic tools to examine the inside of your body. The problems they find at the time of your accident gives the doctors you see after your initial exams a chance to treat you properly. Here’s what you need to know about undetected brain trauma and what you can do to obtain compensation for it.

How Dangerous Is Brain Trauma?

Although brain trauma can cause internal swelling and bleeding, you may not experience any signs of the injury right away. A number of accident victims go days or even years without the proper diagnoses and treatments for their brain injuries until they develop symptoms or worse. 

When you do develop symptoms of brain trauma, you may decide to pursue a case against the emergency room doctors who misdiagnosed you. But if doctors’ insurance company may deny you benefits by placing the blame on your current physicians. The insurer may say that your doctors should’ve performed diagnostic tests on you during your follow-up exams and treatments. 

To avoid problems like those above, it’s essential that you see a personal injury attorney as soon as you experience the symptoms of brain trauma. A attorney may help you secure the medical evidence you need to prove that the emergency room doctors didn’t follow the correct procedures for auto accident victims.

How Do You Obtain New Medical Evidence of Your Brain Injury?

During your case against the emergency room doctors, a personal injury attorney may order new CT scans of your head, even if your current doctors already completed them. To avoid complications during your case, an attorney may use the services of third-party doctors to secure additional evidence of your injury. Third-party doctors don’t work for the emergency room doctors, you or the attorney, which makes their opinions and exams unbiased in your case. 

After an attorney has the evidence they need for your case, they can pursue compensation from the emergency room doctors’ insurance company. If the insurance company doesn’t accept the new medical evidence, an attorney can take the company to personal injury court and file a medical malpractice suit against them.

If you need more information about your particular case, contact a personal injury lawyer for answers. 

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How Implied Consent Laws Affect You

Implied consent laws affect you from the moment you apply for your first driver’s license. If you don’t know how implied consent works, you could face severe penalties. By knowing how implied consent works and how it affects you, you may be able to avoid harsh restrictions placed on your license, and more.

What Implied Consent Is

Implied consent is if an officer asks you to take a breath, blood or urine test to determine your sobriety, you are expected to comply. If you decline, you are subject to all the same penalties as if you had failed that test. In some states, the penalty for refusing tests are actually harsher than if you are convicted of a DUI. In order to comply with implied consent laws, you must:

  • Provide a license and proof of insurance
  • Consent to blood, urine and breath tests to determine the level of alcohol in your blood
  • Consent to field sobriety tests

Under implied consent, when you apply for your driver’s license, you are agreeing to take these tests. You are expected to comply with these tests because driving is seen as a privilege and not a right. Due to driving being a privilege and not a right, refusing to comply with implied consent is not protected by the Fourth Amendment.

The Penalties You Can Face

If you refuse to take a urine, breath or blood test when asked to, you may be facing an implied consent violation. The consequences of not complying with implied consent laws vary by state. If you violate implied consent, you could:

  • Go to jail immediately
  • Face steep penalties and fines
  • Lose your license or have it restricted
  • Face higher insurance costs

Sadly, these penalties are just the tip of the iceberg. If you violate implied consent and are then convicted of a DUI, the penalties are far steeper. The penalties for both a DUI and implied consent will also be steeper if you’ve been convicted of them more than one time.

Why You Need A Lawyer

If you denied being tested for your alcohol levels or denied taking a field sobriety test, you need a lawyer. A lawyer may be able to reduce the amount of penalties you face and may even be able to remove the DUI from your record. Contacting a lawyer is the best way to navigate the tricky legal waters surrounding your situation. It’s also a surefire way to minimize the impact of a violation on your day-to-day life. 

For professional legal services, contact a lawyer such as Elgart Ronald H.

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Claiming Disability For Anxiety

Anxiety disorder is the most common mental disorder and affects around 40 million Americans over the age of 18. When you suffer from anxiety disorder, it can cause you to lose your ability to do normal daily activities including working. The loss of income from not working can dramatically affect your life and cause you even more anxiety. One way to combat this is by applying for social security disability so you are still able to survive even when you cannot work. Applying for social security disability can be very different when suffering from a mental illness rather than a physical disability. Not all cases of anxiety are eligible for social security disability. It is important to understand what qualifies for the benefit and what doesn’t.

Types of Anxiety Disorders

There are five types of anxiety disorders that include social anxiety, post traumatic stress disorder, panic disorder, generalized anxiety disorder, and obsessive compulsive disorder. All of these types have a different level of severity. In order to understand what constitutes as being eligible for social security disability, you must be confirmed by a medical doctor with the anxiety. A proper diagnosis is a crucial component of being able to get the benefit. 

Severity of the Anxiety

When you are plagued with anxiety, it must have an impact on your daily life. If you are still able to do remedial tasks like take a shower, then it is very unlikely that you will be given social security disability. If the anxiety comes and goes, you are also not likely to be able to get the benefit. The social security office will want to see that this is a long-term issue before they start dispersing benefits to you. This means the anxiety should last 12 months or more to be considered long-term. 

Symptoms of Anxiety

In order to qualify for the social security disability benefits, you must be experiencing some symptoms. The symptoms you will experience will correlate with the type of anxiety you have. Again, it is important to get medical help and a complete diagnosis from your doctor in order to prove the disorder. This will be extremely helpful when filling out your paperwork to apply for the benefits. Some symptoms you could experience with anxiety includes uncontrollable shaking, vomiting, muscle tension, and many more. If you are able to be treated and go back to work, your social security disability benefits will end at that point. 

If you think you want to apply for social security disability, talking with professionals attorneys, like those at LeCroy Law Firm, PLLC, can help you to understand what you need to do or how to build the best case to get approved for the benefits.

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Embarrassed? Keep Your DUI A Secret With These Five Tips

Getting charged with a DUI can be incredibly embarrassing, and it can potentially hurt your career or social standing. Because of these threats, many people prefer to hide their drunk driving charges. Ideally, the best way to avoid drinking and driving charges is to never drink and drive, but if it’s too late for that advice, here are a few tips and ideas on hiding your charges:

1. Bail yourself out of jail

If you ever get arrested for a DUI charge, wait until you sober up and then bail yourself out of jail. If you cannot convince the jailer to let you out on your own recognizance, you can pay the bail in cash.

If you don’t have enough cash, you can release your wallet (it was likely confiscated during the arrest) to a bail bondsmen. They, in turn, can charge their fee to your credit card and post the rest of the bail on your behalf.

2. Invent a reason why you aren’t driving your car

In most cases, you will not be allowed to drive as you work through the process of dealing with your DUI. Not bringing your car to work may raise suspicion among your co-workers. If you aren’t comfortable telling them the truth about your DUI, approach the issue from another angle.

Maybe, you really want to get in shape so are bicycling to work. Maybe, you’ve read something interesting about the environment and want to take public transit. Maybe, you have issues with your eyes and are going to use a professional driver until you know what’s going on.

3. Choose therapy over alcohol classes

After a DUI charge, you may be sent to alcohol classes. These classes are designed to educate you so you do not make the same mistake again. However, they also involve other people, and if you live in a small community and need to safeguard your image, that is not ideal.

Ask the court if you can substitute individual therapy for group classes. That is more private.

4. Hire an attorney

Fighting a DUI charge (especially if it’s not your first offense) can be extremely hard. However, if you don’t try as hard as possible to fight the charge, you may end up with jail time – in that case, everyone will find out that you had a charge.

In addition to helping you avoid jail time, lawyers may be able to get your charge reduced. A DUI felony on your record can bring up a range of issues including making it hard to get a job, but if your lawyer gets that reduced to a misdemeanor or no charge, you don’t have to worry about your DUI following you for years to come. Contact a local lawyer, like Patricia K Wood Atty, to represent your ase.

5. Consider telling someone

Many people try to keep DUIs a secret, and there are compelling reasons for doing so. However, the stress of keeping a secret can make the experience even harder. Consider talking to someone. Even if you don’t’ tell everyone, it can help to have a confidant as you go through this hard experience.



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Four Things That You Can Do To Help Your Divorce Lawyer During A Custody Battle

If you are in the middle of a child custody battle, all of your actions will be under a microscope. There is only so much that your divorce lawyer can do to ensure your custody requests are agreed upon. If you are distracted and upset, it can be easy to slip up and make mistakes during a custody battle. Here are four things that you can do to help you lawyer fight your child custody case.

1. Don’t Engage With Your Ex

Your lawyer is working hard to build your case as a responsible, fit parent. Don’t unravel all of their hard work by going behind their back and goading your ex-spouse. Getting into spats off the record or talking poorly about them on social media can come back to you and will make you look petty and childish.

2. Take the Matter Seriously

Fighting for custody rights of your children should feel like a full time job. Keep appointments with your lawyer or any meetings surrounding your case. Be sure that you dress the part if you are going to be meeting with lawyers, mediators or a judge. If you need a new professional wardrobe, your divorce lawyer can give you some advice on what would be best for court.

3. Be the Responsible Parent

Show the judge that, even during the pressures of divorce, you are still the best parent for your children. Be on time for visitation and don’t get into arguments with your ex-spouse when trading off the kids. If you continually showcase you are the more responsible parent, you will be more likely to be granted sole or primary custody.

4. Remember to Take Your Lawyer’s Advice

You might be hoping for sole custody because you truly believe you are the most fit parent. The thing is, sometimes it can be easy to get so wrapped up in your divorce that you can’t see the big picture. If your lawyer breaks it to you that joint custody will most likely be the outcome, listen to what they have to say. Going along with a modified agreement without forcing your ex-spouse to go to court might save you time and money and will ultimately have the same outcome.

You might feel stretched to the limit if you are going through a custody dispute, but you need to keep a clear head and remember why you are going through this – for your kids. Make sure to meet your divorce lawyer halfway and do what you can during the entire custody process to ensure a better outcome on your behalf.

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Two Tips for Speaking with Your Physician about Your Disability Claim

Medical records are the most important factor of a social security disability claim. Records from blood, therapy, and X-ray test results make up the majority of these records, but physician notes are also included. These notes are primarily designed to help your doctor get more information about your condition and to formulate a treatment plan, but they are also a part of the review process when you submit your claim. Given the importance of these records, it’s necessary for you to understand what type of information you should be sharing with your physician.

Too Little Information

When it comes to your health, there is no such thing as irrelevant information. Whenever speaking with your physician about your condition, make sure you are telling everything. This is true even if you think it doesn’t matter. For example, say you are dealing with leg pain resulting from an injury. While the pain is consistent all day, it seems to be exacerbated when you have to sit for long periods of time without a break.

If the type of work you previously did required you to sit for long periods of time, this could prove as evidence that you are unable to perform your responsibilities. In addition to assisting with your claim, sharing as much information as you can will also help the physician reach a more accurate diagnosis.

Easily Misinterpreted Statements

When speaking with your physician, avoid statements that can easily be misinterpreted. Be clear and concise. For example, say you were being treated for a back injury and you told your physician that you helped a friend build a swing set for their children. However, the only thing you actually did was sit in a chair and read the directions for the neighbor.

If you don’t clarify the statement, the physician could easily believe that you physically took part in the process and place this in their notes. When your claim is reviewed and the examiner sees that you are well enough to build a swing set, the misinterpretation could quickly work against you and lead to a denial. Make certain you clarify your statements to avoid a misinterpretation.

If you have concerns about what you should share with your physician, it’s best to speak with your attorney like Sarah J Liddy Attorney At Law. Your attorney will be able to guide you appropriately for the best chance of success with your case.

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3 Things To Know For Your Car Accident Case

When you go about winning a personal injury case, there are a number of key tips that you’ll need to employ, so that you can pay for your injuries and pick up the pieces. Car accidents are among the most common types of personal injury cases, since there are so many drivers on the road at any given moment.  If you want to be sure that you are able to win your car accident case, you should move forward by employing some of the following tips.    

#1: Limit Contact With The Other Person Aside From Communication Through Lawyers

Since it will be up to the judge to sort out the matter of your case, you shouldn’t offer any information or communication without lawyers present. You might feel compelled to even write a nice letter to the other person apologizing for the accident, but this should be avoided at all costs. The reason it should be avoided is that a simple apology can be construed as guilt when it is laid out in court. Hiring a lawyer to communicate for you keeps you from accidentally compromising your personal injury case. 

#2: Gather The Right Documentation And Evidence For Your Case

As you hire a lawyer to protect you for your case, you will need to be sure that you present them with the best evidence to work with. You’ll need to first and foremost go back to the source and obtain a police report from your car accident. This way, you’ll have a breakdown of thing like exact address or intersection, direction of travel, weather conditions, road conditions and more. You’ll also need to collect copies of your medical bills and doctor’s opinions. This way, you’ll be able to hash out the damages in your case for both short-term and long-term healing. 

#3: Decide Between A Judgment And A Settlement 

Perhaps the most critical part where your personal injury attorney will come in handy is when deciding whether to take it to court or settle. Since 95 to 96 percent of such cases get settled outside of court, the main reason your case goes to court is if the settlement offered isn’t high enough. Your lawyer, who has tried a number of these situations, will be able to comb through the data and decide the settlement amount that you deserve. 

Consider these three tips and use them as you work to heal after a car accident. 

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5 Vital Reasons To Hire A Social Security Attorney

If you believe that you have a Social Security disability case and that you are entitled to benefits, you may be confused as to how to handle the process. Social Security law is very difficult to understand. Being able to collect the benefits that you need is vital, and you may be worried about what steps to take and how to attain a successful result. If you are considering going through the confusing process of filing for Social Security disability alone, first read these 5 important reasons for hiring legal representation for this important process.

Hiring a Social Security attorney:

  1. Will ensure that important deadlines will not be missed. If your initial claim is denied, you will have 60 days to appeal the denial. If you miss this deadline, you may have to start the entire application process from the beginning, unless you can prove that you were unable to file due to “good cause”.
  2. Will ensure that your medical record evidence is complete. Accurate, up-to-date medical records are the primary evidence of your disability, and on-going updates need to be added to to your file as soon as they become available. An attorney will know exactly which records to focus on for a successful claim or appeal, and be able to work more efficiently to quickly retrieve those records from medical facilities.
  3. Will have local knowledge of judges. Your attorney will have extensive experience dealing with local judges and will be well-versed in how they run their hearings. Knowing exactly what a particular judge needs to hear in regard to evidence of a disability is invaluable.
  4. Will help prepare you to answer the judge’s questions. Knowing the questions ahead of time and having answers prepared will ensure that you are able to accurately communicate to the judge the impact that your disability is having on your life.
  5. Will make it more likely that you will receive benefits. Due to the complexity of Social Security disability laws, having an attorney to help you is vital. Benefits are awarded to 63.6% of claimants who have legal representation at their hearings, as opposed to only 40.1% who do not have representation.

As you can see, having an experienced Social Security attorney at your side can make this difficult process not only easier, but will substantially increase your chances of a ruling in your favor. Don’t delay, contact a Social Security attorney like Mckown Jim Attorney At Law and get them on your case as soon as possible.

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Proper Preparation For Your Contested Divorce

A divorce can easily become very lengthy, costly, and emotional, but these feelings are amplified even more when a divorce is contested by either you or your spouse. If you cannot decide on how to divide assets, here are some key things you should do to properly prepare yourself for the road ahead:

List Your Debts And Assets

You will need to list all of the assets that you have, which included assets in your own name and assets that you have together with your spouse. Make photocopies of all documentation such deeds and financial statements.

Keep in mind that with the good comes the bad, as you will need to document all of your debts as well. It is best to get a credit report, since it will list all debts that you owe individually and together. If your spouse forgets to bring up their own individual debts, you should not remind them.

Start A Journal

Child custody is one of the most difficult things to decide in a contested divorce. If you are looking to have custody, you should start keeping a detailed journal about all interactions with your child. The little things like who helps with homework or cooks them meals can easily be overlooked if it is not documented.

Provide Income Documentation

It’s not enough to state your salary, as there are often other forms of income that need to be accounted for. Dig up your taxes from the past few years to help figure out what income has been coming in for the two of you. Unless your spouse is hiding undocumented income, your taxes should cover everything except any changes within the past year.

Get Everything Organized

After gathering everything listed above, get it organized in a way that is easy to go through. These are documents that you will be handing over to your lawyer, and they may not know what everything is at first glance. Since you will be paying your lawyer by the hour, the less work they need to do, the cheaper their fees will be.

Write Out Your Questions

Prior to your first meeting with a lawyer, write out all questions that you have about the entire divorce process. Consultations are typically free, so use this time to learn as much as possible about the legal side of divorce.

By being properly prepared for your contested divorce, you’ll be able to take on any major issues as they come up in the legal proceedings. To learn more, contact a company like Law Office of Jeffrey Dragon with any questions or concerns you have.

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If you're involved in a lawsuit, sooner or later you'll have to decide whether you want to settle or go all the way to trial. The majority of lawsuits end in settlements -- if you can get a reasonable settlement that covers your losses, it's often best to take it rather than going to trial to press for more. But it's an individual decision that you should make with the advice of your lawyer. This blog is all about educating you about what to expect during a lawsuit and how to make informed decisions during the trial process. I hope that my experiences with lawsuits and trials will help you learn what to expect and help you better communicate with your legal advisers.

May 2016
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