Auto Accident Lawyer

I was recently asked to be a judge for a local high school video reenacting a drunk driving accident.  The video will be shown to the high school body showing the consequences of drunk driving.  A car accident will be staged with emergency personal working the scene.  Even a helicopter will arrive to take away students who had deceased.  Students will be taken from the classrooms throughout the day on a random basis, representing those that die in drunk driving accidents.  The video will show the drunk driver shackled in court receiving a harsh prison sentence from the judge (that was my Oscar winning moment).  It was a lot of fun and for a great cause.

School teacher and aide play a rather cruel trick on a student. Read the article. Teachers should help instill students’ confidence. The elementary and high school years are difficult enough as is and it is critical that children feel accepted and be in an environment of trust and comfort. http://www.wcpo.com/news/local/story/Mother-Files-Suit-After-Teachers-Allegedly-Play/vE2OEH07tUS6NWoDsf7zDQ.cspx

Toyota is recalling 2.3 million vehicles to correct a problem that could lead to its vehicles’ gas pedals to stick.  This new recall is separate from an on-going recall of 4.2 million vehicles (including Lexus) to correct a problem in which the pedals could become stuck under a loose floormat.  This new recall does not include the floormat problem.  The new problem involves the potential that an accelerator pedal becomes harder to press and slower to return. Toyota warned drivers to not pump the brakes if the accelerator sticks, but to apply the brakes in a firm and steady manner.  Then, take the vehicle to a safe location and have it inspector by a Toyota dealer.   These are the vehicles covered by the most recent recall: 2009-2010 Rav4, Corolla, Matrix 2005-2010 Avalon 2007-2010 Camry (Hybrid not included in the recall) 2010 Highlander 2007-2010 Tundra 2008-2010 Sequoia Feel free to contact me if you have any questions.  Our toll free number is (888) 873-6639.  You can also email me at info@penneylaw.com.

Should you go to law school? Here is an interesting article about this issue. I am not discouraging anyone from going to law school - just an interesting article.  Here is the article .

Blogs and social networks! This is the new way that we communicate and gain more understanding about each other. The benefit of blogs and social networks is it allows each of us to know more about each other. As a result, we gain more understanding and perhaps form impressions that will garner trust. This is especially useful when we are seeking professional services. For example, if we read several Twitter and Facebook posts from a lawyer, then we gain more understanding of his or her competence and usefulness. We also understand the lawyer’s life and what he or she values. Perhaps this allows us to trust the lawyer, which is a critical issue in hiring any professional. This is the reason I am on Twitter and Facebook. I seek to help those seriously injured in a car or motorcycle accident. Follow me on Twitter. My Twitter name is frankpenneyESQ. Friend me on Facebook. My Facebook name is Frank Penney-ESQ. You will see not only legal posts, you will gain insight into my life and what I value. This will give you a better idea of who I am and know my commitment to help my clients. I invite you to follow me or be my friend. See you there!

The following is a case study, an example of the service, diligence and dedication we provide to our clients. Jane Doe v. State Farm On April 18, 2005, Ms. Doe was hit head-on by an uninsured motorist driving a stolen vehicle. Her vehicle was a total loss and there was significant cabin intrusion in the center of the vehicle which impacted claimant’s right knee. At the scene and en route to the hospital, Ms. Doe complained of left shoulder pain, chest pain, right knee pain and right arm pain. She was diagnosed at the ER with a right elbow fracture, chest contusion, and contusions to her right knee. Xrays of the right knee were negative for fracture. Ms. Doe’s right knee pain complaints persisted. She sought care with an orthopedist. who diagnosed her with a possible meniscus tear and suggested an MRI. The MRI revealed a mild sprain of the anterior aspect of the medial collateral ligament (MCL). Despite a course of physical therapy, a right knee brace, cortisone injections, hyaluronic acid injections (intended to replace the joint’s natural fluid), the right knee pain persisted. A diagnostic arthroscopy was recommended. In March 2007, Ms. Doe sought a second opinion from another orthopedist who injected Ms. Doe’s right knee with lidocaine and Aristocort, a corticosteroid. The doctor also suggested a diagnostic arthroscopy. Ms. Doe was a high-end real estate agent and broker when the collision occurred. She specialized in selling high-priced existing homes, and in selling and marketing small exclusive developments. As a result of the debilitating right knee pain, Ms. Doe was unable to work on her existing listings nor was she able to continue to market her services or attend industry events. In the three years prior to the collision, Ms. Doe earned an average of $152,000 a year. The year of the subject collision (2005), she earned only $44,500. A claim was made to State Farm for uninsured motorist benefits and included $30,159.53 in medical expenses and only $34,950 in lost earnings. Despite providing the carrier with five years worth of tax returns and commission statements, as well as listing agreements and expert opinion, State Farm refused to pay anything on the lost earnings claim. The last offer from State Farm before litigation was $15,500 in new money in addition to the $5,000 in medical payments already paid. Total claim value according to State Farm was $20,500. Arbitration was demanded. After written discovery and a deposition was completed, Ms. Doe attended a defense medical examination (DME) with Peter Sfakianos, M.D. Dr. Sfakianos agreed with Ms. Doe’s orthopedists that she had instability in the right knee and agreed that a diagnostic arthroscopy was appropriate. Shortly after the DME, Ms. Doe returned to her orthopedist and chose to go forward with the arthroscopy. The procedure resulted in a debridement of synovial fat pad. Although right knee pain and swelling persisted for a few months following the procedure, the right knee eventually became fully functional and relatively pain free. Even after Dr. Sfakianos agreed that the arthroscopy was necessary, State Farm increased its new money offer to only $53,500, with zero compensation for lost earnings. On behalf of Ms. Doe, our firm demanded State Farm pay $100,000, the policy limit. Binding arbitration with Don Walter was completed on December 16, 2008. Mr. Walter was visibly impressed with Ms. Doe’s credibility. State Farm did not dispute the nature and extent of claimant’s injuries or disability, it only disputed the lost earnings claim. Within one week of the hearing, Mr. Walter awarded Ms. Doe $92,967.00 including $35,000.00 for lost earnings.

Remember the 80s band “The Pet Shop Boys?” They had a song called “What Have I Done to Deserve This?” As a matter of fact, I have this song ringing in my head right now! Anyway, many of my clients feel this way about their accidents. I hear “Why me?” or “I was just minding my own business and then . . . .” You might feel this way about your accident. I don’t blame you for feeling this way, especially if the accident was not your fault and you have serious injuries. May I make a few suggestions: (1) ACTION. Transition from the passive “why did this happen” phase to the active “let’s get better” and “let’s get this resolved” phase. Seek medical attention and get better! Do not delay medical care as this is not good for you or your case. Any notable delay in medical care will create barriers to settlement. Seek legal advice to make sure you are going in the right direction. (2) PATIENCE. Do not take irrational steps. Think things through. Don’t blindly accept the insurance adjuster comments as truth. Do not assume any insurance adjuster is on your side or has your best interests at heart. Don’t take early offers! Seek competent legal advice (get a free consultation to discuss your rights and options). Seek medical care and be patient through this process. (3) LIVE YOUR LIFE. Life goes on, so remember to continue to do those things you did before the accident (to the best of your ability). Don’t be paralyzed by the sometimes complex claims process. If handling your case interferes with your life to any significant degree, then seek legal representation. I hope this helps. Call or email me if you want a free consultation. The toll free number is (888) 873-6639. My email is frank@penneylaw.com. It goes directly to me. The song is still ringing in my head! Ugh!

Many insurance company adjusters (or claim representatives) want to settle your bodily injury claim quickly. So, you are probably saying to yourself “what’s wrong with that?” Well, the problem is most injuries don’t resolve right away and need months of medical treatment and, many times, diagnostics and specialist referrals. If you settle your claim before your injuries resolve, then you cannot get paid for future medical care or permanent injuries. It is critical that you finish your medical care before you agree to settle. In this economy, many adjusters realize that people will take a quick offer. I’ve had a client or two tell me insurance representatives came to their hospital bed and made offers days after their accident. So, it is very important to make sure you see doctors and/or therapists right away (if you don’t have health insurance, then we can help). Just make sure you are back to normal before you settle. You should talk to a lawyer before you accept any offer to settle. It just makes good sense! Call us if you want to run your offer by us. We will do this free of charge. Our toll free number is (888) 873-6639 or email us at info@penneylaw.com.

Oh, how times have changed! I don’t say this in the “reminiscing grandfather on the portch” kind of way, but with enthusiasm and astonishment. We can communicate with each other by cells phones, computers, emails, text messaging, instant messaging and via social networking sites (Facebook, Twitter, etc.). It is a wonderful thing that we can communicate so quickly and effectively. I must admit that I am a technology geek and use technology to be more effective. This is why my firm’s website www.penneylaw.com has “instant chat” and “call now” features. You can click on “instant chat” and can send me an immediate message about your case or question. You can also click the “call now” icon and have your phone instantly call my office. You can also email or fill out our online questionaire. We make it easy to communicate. With all this we don’t forget the most personal way to communicate, which is by talking on the telephone or meeting in person. We welcome these more personal ways of communication! Our toll free telephone number is (888) 873-6639. Feel free to call! We answer our phones 24 hours a day. Of course, you can IM via our chat feature as well!

When I think of the word “investigation,” I think of CSI or Law and Order. However, in a serious personal injury case, the investigation of the accident can make a big difference in how the case is viewed and valued by an insurance company or solvent defendant. For example, in a motorcycle accident, the motorcycle should be preserved and inspected by competent engineers for liability purposes. A competent accident investigator (hired by a lawyer) should inspect the scene immediately and preserve evidence by taking photographs and perhaps video. The investigator should take statements from the parties and witnesses. The 911 logs should be obtained to find witnesses the police did not catch (this happens all the time). All potential defendants should be identified and investigated. The lawyer should spot any roadway defect and product liability issues and handle any and all legal deadlines that will come up within months of the accident. We settled a case this week for the policy limits of $100,000 on a motorcycle case. The police report stated that our client was speeding well over the speed limit. An independent witness told the officer that my client was going “way too fast.” The insurance company reviewed the report and spoke to their insured and concluded that my client was to blame. My seasoned investigator took a statement from this same “independent witness” who estimated my client’s actual speed lower than the posted speed limit, despite her claim he was going too fast. This changed the insurance company’s position from “no value” to policy limits of $100,000. Don’t wait to have your case investigated. Make sure you hire a good lawyer who has a competent investigator working on your case. Feel free to contact us to get your investigation started. Our toll free number is (888) 873-6639. Our email address is info@penneylaw.com.