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14Mar

Should I sign release of liability for the other party’s insurance company?

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Question of the Day Should I sign release of liability for the other partys insurance company?

The Question:

Should I sign release of liability for the other party’s insurance company? On 11/13/12 I was hit while on my motorcycle in Sacramento. I had a compound fracture of my tibia an fibula, and ripped ligaments in my ankle. The other driver was found at fault. I retained a personal injury lawyer. This week I was contacted by my lawyer to sign a release of liability for the other parties insurance for $100,000 the limit. My medical bills at this time are 170,000. My lawyer was able to reduce my current bills and he want me to sign the release of liability saying I will Net 30,000-33,000. The problem is I am still in pain, I walk with a cane and limp, an I have a good chance a needing an additional surgery with no insurance to pay still which could possibly leave me with one of my legs shorter and a permanent limp for life, and more medical bills. Why should I sign?

The Answer:

It sounds like your lawyer has done everything they can. You may just want to make sure that there isn’t any other insurance available to you. If there isn’t, then your attorney is making a good recommendation to you to resolve your case. You can probably get a judgement in excess of $100,000 but collecting on it may be impossible and you could potentially end up with less money in your pocket after the increase in attorneys fees, litigation costs, and an increase in medical bills.

Talk to your attorney, it sounds like you have one who knows what they are doing and have your best interests in mind.

Reader:

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

 

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13Mar

Can I sue the gym if their equipment broke?

Posted in Personal Injury, Questions | Comments Off

Question of the Day Can I sue the gym if their equipment broke?

The Question:

Can I sue the gym if their equipment broke? Do I have a case against La Fitness if their equipment broke while using it hit me in the face broke my glasses bruised my face? I was using the punching/kickboxing bag and it broke off the chain causing the chain to whip back in my face.  Yes, you may have a case. A few years ago I represented a client in a case where the shoulder press broke. We were able to show that they kept poor maintenance records and didn’t have a schedule for maintenance. You should speak with a personal injury lawyer in your area if they don’t resolve this with you first.
The Answer:

Yes, you may have a case. A few years ago I represented a client in a case where the shoulder press broke. We were able to show that they kept poor maintenance records and didn’t have a schedule for maintenance. For years, this gym didn’t have a routine for how they repaired machines.  Typically, you need to show that the machine had a defect or the punching bag in this case.  However, we were able to show that they were negligent with their equipment, which made them look terrible.  So, they didn’t want a jury to see this information and quickly settled the case. You should speak with a personal injury lawyer in your area if they don’t resolve this with you first with you.

Reader:

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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12Mar

My lawyer is telling me to lie about injuries from a minor car accident to make a case. What do I do?

Posted in Lawyers, Quesitons | Comments Off

Question of the Day My lawyer is telling me to lie about injuries from a minor car accident to make a case. What do I do?

The Question:

My lawyer is telling me to lie about injuries from a minor car accident to make a case. What do I do?

I was going straight on a road when the person on the left merged into me. It was obviously her fault, but it seemed like she doesn’t want to take the blame. My parents hired a lawyer and he told me to lie about some injuries so that there was a case to fight for. He directed me to a chiropractor who also told me to lie, and wrote me down for neck pains, upper back pains and headaches which I do not have. He also rewrote the date on the x-rays to make it seem like I went to the office earlier than I did. The lawyer, chiropractor, and my parents are all pressuring me to lie about these injuries so that more money can be made, but I really do not want to lie about this. I have to make a statement with the lawyer soon but I do not know how to avoid this situation. What do I do?

The Answer:

First, you need to fire this lawyer and get a new lawyer. Second, you need to report this lawyer to the state bar. I think every lawyer who reads this would agree, this is the type of lawyer that gives lawyers, especially personal injury lawyers, a bad reputation. I am sorry that you are having this experience.

But remember, if you go along with this, you are committing insurance fraud. If it is discovered, you could be prosecuted and punished in the criminal court system. It’s not worth it. Do the right thing, right now.

Reader:

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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11Mar

Can an auto accident case be dismissed without prejudice?

Posted in Litigation, Quesitons | Comments Off

Question of the Day Can an auto accident case be dismissed without prejudice?

The Question:

Can an auto accident case be dismissed without prejudice? My wife was involved in an auto accident, which was not her fault.  Our attorney is advising us to take a settlement that we feel is too low.  Even so, since we have been put into financial hardship by this, we wanted to take the settlement but dismiss the suit without prejudice so if she has complications later she could sue again.  Our attorney says this can’t be done.  Is this true? If so, what happens if she has complications later that points to this accident? She is disabled and on medicare and we are afraid medicare might not pay her medical bills if they think it was caused by the wreck!

The Answer:

This can’t be done. Your attorney is correct. Simply, you get one chance to settle your case. Once you sign a release, that ends the case against the defendant.
It is rare that an insurance company will pay out a sum of money over time or pay for future medical expenses as you incur them. If you settle your case and there are future complications, you won’t be able to recover for them if you have signed a release.
You should speak with your attorney further about settlement versus trial.  As well, when it comes to the issue of Medicare, your attorney is the best one to answer this question.

Reader:

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

 

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08Mar

My case is going to trial, how long will it take and can they appeal?

Posted in Quesitons, Trial | Comments Off

Question of the Day My case is going to trial, how long will it take and can they appeal?

The Question:

I was in a accident and hit by a drunk driver over 3 years ago. My case is going to trial, how long will it take and can they appeal?  The offer amount so far is 87,500.00.  I suffered greatly from this accident with a broken pelvis, 7 broken ribs, c3 & c4 vertebrae.  This was also her 2nd DUI. She was charged that night with a DUI and her level was a .18. I am very confused and being pressured by my attorneys to settle for this minimal amount.

The Answer:

If your injuries are, as you have stated, and liability is clear, this is a low offer. But, you haven’t said what kind of insurance coverage the defendant has. This may be an offer above the policy with the defendant paying some portion out of pocket. Or, this may be an offer below the policy limits.

How far are you from trial? Have you mediated the case with a Tennessee certified mediator? Have your attorneys moved for punitive damages yet? How much are your medical bills and do you have health insurance or are the bills outstanding?

There are a lot of unknowns with the information you have provided so far. You decide the fate of your case and you should never feel pressured by your attorneys. You decide if you want to settle or have your case presented to a jury. The attorneys are only there to advise you and give you their best counsel on the situation based on the law, the facts, their experience, etc. But remember, if you go to trial, a jury now controls the outcome of your case.

Can you expand on any of the questions I’ve asked?

You really need to express your concerns with your attorney and make sure you are understanding why they may feel you should settle. Good luck to you. And, again, talk to your attorneys – I would hope they would want to do what is best for you.

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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05Mar

Do I need an umbrella liability policy?

Posted in Quesitons, Umbrella | Comments Off

Question of the Day Do I need an umbrella liability policy?

The Question:

Do I need an umbrella liability policy? I co-signed my adult daughter’s car and her 33 year old boyfriend drives the car too but has his own insurance.  I also have a teen driver who drives a car in my name. And being a supervisor @ work, I understand I can be sued by a person directly although its rare. I also have a rental property that I rent out to a family member…so here is my question. Should I get some type of Umbrella policy in case I got sued by someone involving any of these scenarios? I know the odds of it happening are slim, but I heard you can get a substantial umbrella policy on the cheap and I want to protect myself. Thank you for your time!

The Answer:

Owning an umbrella policy can never hurt. If you feel like you need an umbrella policy, then get one, as it will provide you with the peace that I think you are looking for. They are reasonably priced and it sounds like the price of a policy isn’t an issue for you. So why not purchase one?

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

 

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04Mar

Should I accept a settlement offer from the insurance company for personal injury?

Posted in Quesitons, Settlements | Comments Off

Question of the Day Should I accept a settlement offer from the insurance company for personal injury?

The Question:

Should I accept a settlement offer from the insurance company for personal injury?  I was rear-ended by someone recently and I have been experiencing severe pain in my back, neck, arms, and legs since. I also have been severely dizzy and having headaches. I have went to the doctor, but he didn’t really help me very much, and after talking to friends and family they are telling me to get another physician to look at me. I feel that I am definitely going to need physical therapy and I have already had to miss out on two days of work and time playing with my kids and I am not able to do things around the house as I was. I feel this has completely knocked my world upside down. I have three children and this is becoming a nightmare for them and for myself. I don’t know if I should get an attorney or just see what the insurance company says and offers first?

The Answer:

I would strongly suggest that you are seen by another physician and make sure you learn what is going on with your health BEFORE you settle your claim. If you settle your claim before you know what is going on with your health, you may be giving up important insurance coverage and the result will cause you to be left owing medical bills and a possible loss of wages. I would strongly suggest that you consult with an attorney.

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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01Mar

Is my attorney wanting to settle too quickly?

Posted in Quesitons, Settlements | Comments Off

Question of the Day Is my attorney wanting to settle too quickly?

The Question:

Is my attorney wanting to settle too quickly?  I suffered a neck injury after being rear ended in May of this year.  An MRI revealed a disc bulge corresponding with my symptoms. My doctor said that the bulge is most likely a result of the accident, and that although I will experience issues from this accident the rest of my life, it is not currently worth the risk of operating. My Attorney seems eager to settle and suggests the settlement will probably be less than 5 figures. It may be worth mentioning he has mentioned being friends with the other driver’s attorney. Thanks for your time in responding to this.

The Answer:

He disclosed his relationship with the other lawyer, as he should. I can tell you that I am friends with many defense lawyers and that it never has any bearing on the outcome other than that it typically allows us to be honest with each other and actually helps the case get resolved. We still do our jobs as attorneys and represents our client’s interests as best as possible.

In regards to the settlement value of your case, there are so many factors that decide value, many of which you have not discussed. I can tell you that insurance companies, from my experience, give very little value to bulges. Insurance companies don’t view bulges as something that can come from an accident – in particular a low-speed impact. However, some doctors call a bulge what other doctors may refer to as a herniation. In that case, a second opinion can only help you when it comes to your health and may either confirm or disagree with your current diagnosis. Your health is the priority and your case should be secondary to your health. Best of luck to you with your case. I hope this addressed your questions.

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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28Feb

When is it too late to get another attorney?

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Question of the Day When is it too late to get another attorney?

The Question:

When is it too late to get another attorney? The accident was the other drivers fault, totaled my vehicle, and injured my back. I hired a lawyer and they found out months ago that she (the other driver) only had a $25,0000 policy and does not own anything to sue her.  My hospital bills are $33,000 dollars. This has been going on for eleven months. He said there may be a lien on them now, which is their fault if there is and I have been the one to keep contacting them to see what is going on.  Should they have not got me a cash settlement when they saw she didn’t have anything?

The Answer:

Not knowing all of the facts, many medical providers and hospitals are open to negotiating their bills at a pro-rata share based on the insurance limits if it means they will get paid. Your attorney should be able to advise you on this more. Do you have underinsured motorist coverage on your auto policy? Also, has the defendant’s insurance company offered you the $25,000 policy limits? Please speak with your lawyer about these issues, it may help you resolve your case or make a decision to move forward. Your statute of limitations runs soon. I am sure your attorney will do what’s best for you and you should speak with him/her.

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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27Feb

How do you pick a good personal injury lawyer?

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Question of the Day How do you pick a good personal injury lawyer?

The Question:

How do you pick a good personal injury lawyer? There are tons to choose from. This would be from a car accident.

 

The Answer:

Don’t pick a personal injury lawyer based on a TV advertisement. Pick a lawyer how you would anything else, talk to several, ask questions about their success and experience, then pick the one you are most comfortable with. Also, pick a lawyer where you get to talk to your lawyer and not a case manager.

If you have questions about a truck, car or vehicle accident, The Nashville Law Firm is here to help.  As always, you can speak with a lawyer for free and there is no obligation to hire our firm for just speaking with a lawyer.  We can be reached at 615-844-4034 or complete the Free Case Evaluation Form to the right and a lawyer will contact you immediately. A Nashville Personal Injury Lawyer is what you need!

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