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Archive for the 'Auto Accident Lawyer' Category

Facebook & Twitter

Sunday, October 11th, 2009

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!

Case Study: Uninsured Motorist Claim Against State Farm

Thursday, September 3rd, 2009

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.

What Have I Done to Deserve This?

Friday, August 28th, 2009

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!

Settle Quick?

Thursday, August 20th, 2009

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.

How We Communicate!

Tuesday, July 28th, 2009

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!

Investigation, Investigation, Investigation

Friday, June 12th, 2009

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.

Four Dead in Soledad Car Accident

Thursday, May 21st, 2009

A car accident in Soledad has left four people dead and at least one injured. The accident involved a Honda Accord and a Chevrolet Silverado.  According to the California Highway Patrol, the Honda Accord driver was making a left turn from the Highway 101 off ramp, and trying to cross the southbound lane when the pickup crashed into the car. The four occupants of the Honda Accord were declared dead at the scene of the crash. Two of the rear passengers in the car were not wearing seatbelts, and were ejected from the vehicle. The pickup truck continued traveling south and then rolled over to land on its wheels. The pickup truck driver Chualar Resident, Juan Francisco D’ Anda, suffered minor injuries. According to the Monterey County Sheriff’s Office Coroners Division, they are waiting to identify the occupants of the Accord before releasing their names. The CHP says that the car occupants were between 18 and 35 years old, and on their way to work at the time of the accident.       The crash occurred six miles south of the site where a tour bus crashed into a wall last month, killing five people and leaving dozens of bus passengers with injuries. Investigations into that accident are continuing, but preliminary investigations seem to point to driver error. California Highway Patrol says that the highway is not a dangerous road, and that there are not an “unusual” number of accidents there.” According to the CHP, alcohol doesn’t seem to be a factor in the crash. Earlier in 2006, another accident on Highway 111 at Major Farms where Tuesday’s accident took place, left a 42-year-old man with injuries.   We will have to wait for the safety investigation to be completed before we can come to any conclusions about the accident.   It’s worth looking into whether highway 101 has design defects that could possibly increase the risk of fatal accidents. A total of nine people have lost their lives in two separate fatal accidents on the highway in the last couple of months alone. A highway doesn’t necessarily need to have obstructions, lack barriers or signs, or have malfunctioning lighting to be dangerous. A wide, straight and perfectly smooth highway can actually place motorists at a risk of accidents by lulling them into a false sense of security. Motorists on roads like these could actually find themselves losing concentration, which is always dangerous. Besides, a road can also be dangerous if it has a poor design that includes steep curves and sharp turns. Absence of barriers and signage can mislead motorists, and increase the risk of accidents. Inadequate or malfunctioning lighting can pose visibility problems, increasing the risk of a car crash. Authorities who are responsible for making enhancements to road safety often have to consider a number of factors, including the traffic and pedestrian volumes in the area, the site’s accident record etc. This means that a dangerous road could actually see several serious accidents before enhancements are finally made. The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents . Please visit our website at trlglaw.com . If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us . The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Choose an Experienced Car Accident Lawyer

Thursday, May 14th, 2009

When you’re in a car accident, you need professional help from several different realms. First, you’ll likely need some sort of medical attention, as thousands of car accidents in Washington every year involve either minor or serious injuries. Additionally, it’s quite possible that you’ll need help from a car accident lawyer if you’ve been injured and you need to pursue a justifiable recovery. Below are some basic ideas to consider as you search for an experienced car accident lawyer in Washington. Do Not Handle this Yourself If you’re one of the 56,00+ people who suffers minor injuries in a car accident in Washington every year, it’s likely that you’ll think that you’ll save yourself some time and money by negotiating with the insurance companies involved on your own. If you do this, it’s quite possible that you will save neither time nor money. Insurance companies are staffed with in-house defense attorneys whose job is to limit the financial liability that their companies face. If you get involved in this situation, you’ll soon be buried in paperwork and you’ll be inundated with legal jargon and other steps that will not be familiar to someone without relevant legal experience. In the end, this could cost you a large portion of your justifiable recovery. Ask Questions If you’ve made the wise decision to speak to a car accident attorney, a good place to start would be to ask around. As mentioned above, tens of thousands of people are injured in Washington car accidents every year, so chances are that you’ll know someone who’s needed legal help as a result of such an occurrence. This personalized perspective is valuable and can offer you much more insight than simply looking at the phone book or responding to an advertisement. Own the Consultation After you’ve decided to meet with a car accident attorney, come prepared with questions as well as with all the information that pertains to your accident. The attorney will need to review your situation in order to provide you with sound recommendations, and you’ll need to ask some questions to make sure that you’re working with someone you feel is the proper fit. Below are some examples of questions you should ask during this meeting: How long have you been practicing law? How long have you been handling car accident cases in Washington? How many cases have you handled? How many cases have settled? How many have gone to trial? What were the results? How does your fee structure work? Aside from the answers to your questions, you should also pay attention to the dynamic that exists between you and the attorney across the desk. The reason is that you will be working with your attorney closely throughout this process, and you’ll need to feel comfortable discussing potentially uncomfortable subjects.

Compensation For Car Accident Claim

Thursday, May 14th, 2009

Rash driving, improper safety measures on the road, slippery surfaces are known to be the most common caused of road accidents. Many a times, car accidents also result when another car rams into the backend of a car. This causes serious injuries. Many people suffer serious injuries. Some are lucky to get away with minor injuries. If you or anyone known to you has suffered such type of injury, you can make 100% compensation for car accident claim. This type of compensation assures claimant 100 % compensation. This is applicable for any type of injury. After an accident has occurred, not many people consider making a claim. They are afraid it may take a long time to make a claim. Some of them are worried about the expenses involved. This is not true. It does not take too long to make acclaim and is inexpensive. An accident victim has to go through immense pressure - both financial and emotionally. The trauma of the injury can last for a long time. If you have been involved in an accident and have had to pay for medical expenses for the treatment, you can make a claim. You can also get compensated for any kind of emotional trauma that you may have undergone due to an accident. You can also make a claim on no win no fee basis. This type of claims procedure offers you an opportunity to seek compensation without paying any fees. Your solicitor will bear the expenses. No matter whether you win or lose the claims case, you will not be required to pay any fees. Car accident claims will help you get suitable compensation for the losses suffered. The most common injuries are whiplash. These types of injuries are difficult to classify. The common symptoms of whiplash are: Blurred vision and pain behind the eyes Neck pain, stiffness and decreased range of motion Headaches Numbness of the head and face Jaw pain Problems with balance Difficulty swallowing Ringing in the ears Due to sudden force when a collision occurs, the car is thrown front and backwards with a thrust. This causes the driver to fall backwards and forward. This causes head injuries. Seeking advice from accident claims specialist will help get suitable compensation quickly. Car accidents can indeed be stressful for everyone involved. It may be a pedestrian, driver or passenger even if you have not sustained serious injuries. Seeking medical attention is very important. It is important to seek medical attention straight away, and also begin thinking about making a car accident claim if the accident was not your fault.

Contingency Car Accident Lawyers

Thursday, April 30th, 2009

Contingency car accident lawyers do not charge a fixed amount of legal fees for the services rendered by them. In such a contract the petitioner agrees that the lawyer’s fee will be determined by the amount of settlement awarded to the petitioner. The obvious clause in this contract is that the case should be won in the favor of the petitioner. If the petitioner does not win the case, the lawyer will receive no fee. In case of a car accident, a person may file a lawsuit against the offending party for claiming compensation. This may be done in spite of not having adequate resources to pay for the same. In such a case many lawyers do consider working on contingency basis. However, many people falsely tend to believe that if they lose the case they will not have to pay anything. This is not completely true. Though it is a fact that they may not have to pay the attorney’s fee, they are liable to reimburse the expenses occurred by the attorney while pursuing their case. These fees might include medical reports, analytical services, proficient witnesses, judicial costs and court reporter fees. Irrespective of winning or losing, the client will be responsible for the expenses or cost of bringing the claim to the court. When the contract to pay a lawyer in case of a car accident is based on contingency, the fee is always set at a pre-arranged percentage of whatever the compensation amount might be. This may sum up to much more than the normal fee the lawyer would have been entitled to. However, it is seen that there are many advantages to paying on contingency. If a person loses the claim, the question of paying the lawyer’s fees does not arise at all. If the person’s compensation is received in arrears, the lawyer’s fees can also be paid accordingly. Paying on contingency can enable a person to hire the services of an expensive attorney even though he may not be in a position to pay for it. The attorney also tends to work harder since his fee is at stake. Before getting into any agreement all the factors and clauses of the contract should be studied in great detail.

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