My Injury Case Resolved Without a Lawsuit. What is Next?

The majority of cases are resolved without a lawsuit being filed.  Why cases resolve before litigation is the topic of another post.  For the purpose of this article I'm not getting into it.

So lets say the insurance company made an offer that was accepted by your lawyer.  There is still work to be done.  You are about 75% through the process once an agreement is made.

First, the insurance company needs to send a release for review.  Your lawyer then needs to go over the release and make sure it is acceptable.  Some insurance companies have very straightforward, simple releases.  See State Farm.  Some insurance companies have bunch of legal mumbo jumbo that makes no sense and five pages worth of some fancy language a lawyer told them to add.  See Liberty Mutual.

If an insurance company tries to add language that is not acceptable it becomes a problem.  It is rare, but I've filed motions to enforce settlement against insurance companies for trying to sneak some language in that wasn't agreed upon.  Those motions take time to be heard by a judge.

Normally, to get a release takes a few days via mail (if its not emailed over).   Review is usually pretty quick.  Maybe a day.  If that's the case and the release is acceptable it is signed by you and sent back to the insurance company so they can send a check.

Some insurance companies send a check with the release with instruction not to deposit until the release is sent back.  This speeds up the process.  It really depends on the insurance company and how they handle this procedure.

If they don' send the release and check together we fax back the release and the insurance company has 30 days to send a check.  It usually doesn't take that long.

In addition to everything above your lawyer needs to figure out who you owe money to (assuming they haven't already) and possibly get that number down to get more money in your pocket.

Lets say you have $15,000.00 in total medical expenses.  Usually in Kentucky, you will have PIP already paid the first $10,000.00 and there will be $5,000.00 in "outstandings."

Depending on the settlement that number may be negotiable.  If a medical provider has $5,000.00 in outstandings and your settlement is a quarter million dollars they probably aren't going to negotiate it.  If the settlement is $10,000.00 the story line changes.

There is also the issue of health insurance, medicare, and medicaid liens.  The amount you owe to these providers MUST be paid by your lawyer.  The insurance company for the other side puts it in their release so they do not get sued along with you and your lawyer.  Getting a "final lien letter" from these places can only happen when the case resolved.  This slows up the process.  Keep in mind the slowing of a process is also annoying for us lawyers.  We want to get you this money and we want you to be happy!  However, liens take some time to figure out.

Once the numbers are sorted out it is time for your lawyer to draw up closing documents showing where all the money is going.  That usually isn't complicated once the numbers are established.

You will then sign the closing documents and if the lawyer has the check it will be deposited into an escrow account.  Escrow is a fancy term for basically a holding place.  The money must go into a lawyer's escrow account and then be distributed from there.  When a check is deposited into my escrow account it needs twenty four hours to hit the system before I can write a check to a client.

This is a GENERAL overview.  If there are no liens or outstandings this should take a few weeks.  If there are liens and outstandings it can take longer.

Advertising Material for www.louisville-injury-lawyer.com and Brian Dettman

What Happens When a Minimal Impact Car Crash Case Goes to Trial in Louisville?

TRIAL ALERT: My client, while driving a Hummer, was rear ended by a Camry.

Zero property damage to the Hummer. It wasn't repaired because it didn't need to be. That didn't mean that my clients shoulder wasn't injured. His hand was on the shift at impact which jammed his shoulder.

After offering nuisance money at mediation on account of the "minimal" damage the defense lawyer asked me if I was going to drop the case. I told him no.

Two month before trial the defense lawyer told me he would get my costs of $6,000.00 back to me if I would just resolve the case. I told him no.

It was a difficult case, but I kept on telling the defense we were going to try it.

We did.

A jury awarded seven times what they offered at mediation.

Advertising Material for www.louisville-injury-lawyer.com

ps. I've ordered a video of the closings. I'll post it when ready.

What Happens in a Car Crash Jury Trial in Jefferson County, Kentucky

It is rare that a case goes to trial.  I sometimes hear about the “good old days” when every other week a lawyer was trying a case in the courthouse.  I’m not sure if that is an effective method given the amount of cases currently in Jefferson County, Kentucky, but in any case its not going to happen again for a variety of reasons.  The most relevant is probably mediation.  A lot of cases resolve at mediation or at the courthouse steps.  That is the discussion of another post.  But, by way of background, mediation, the unpredictability of juries, insurance companies avoiding risk, and plaintiffs wanting to know exactly how they will be compensated have all combined to result in less jury trials.

I’ve tried a case each month for the past three months.  When we have downtime and the jury isn’t present somebody inevitably asks how many trials have taken place this year.  My review is that the average division tries between four and eight civil cases a year.  There are thirteen divisions.

So what happens when your case goes to trial.

Depending on the division you will show up at either 10AM or in the afternoon.  The judge is going to have other cases on the docket, but will try to move them along to get the jury seated.  The first step is any pre-trial motions that haven’t already been decided.  This includes motions in limine.  That is basically one lawyer arguing that the other lawyer can’t argue something to the jury.  For example, the defense will inevitably file a motion in limine to prevent anyone from mentioning insurance.

Once the pre-trial motions are over the court will ask both parties if they are ready for trial.  Both parties will presumably say yes and then a jury will be brought up from the second floor.  The jury will be seated in the back of the courtroom and the judge will go over some preliminaries: what is this case about, can everyone understand English, is anyone excused, is anyone a convicted felon.  General stuff.

The judge will then allow the plaintiff lawyer to ask questions of the jury through a process called voir dire, or as a normal person would call it, jury selection.  Once the plaintiff lawyer is finished the defense lawyer will be given the opportunity to ask questions.   That will usually last less than two hours for both parties.

The judge will then dismiss the jury and ask the parties is they have a motion to strike any of the jurors for cause.  What is really being asked is did anyone tell you something in jury selection that shows they can’t be fair and impartial during this trial.  Rulings will be made based on what the potential jurors said.

My experience has been the judge will then randomly select a bunch of numbers and cull the total amount to around nineteen people.  Each party will then be given four strikes to get rid of jurors they don’t particularly like.  The parties will submit them for review and the clerk will take them out of the running upon the judges instruction.

Jurors will come back in the room.  Those chosen will move forward and take their seats in the jury box at the front of the courtroom.

You are likely at lunch time now.  Time for a break.

Upon return to the courtroom the judge will swear in the jurors by asking them to commit to hearing the case based on the facts and evidence.

Once the jury is sworn the judge will ask the plaintiff lawyer to make an opening.  The purpose of an opening is to lay out what you expect the evidence will show.  The purpose of an opening is not to have either lawyer argue their case.  Plaintiff finishes the opening and then the defense lawyer gets the same opportunity.  Both parties may object when the other party is making an opening.

The Plaintiff will then put on his witnesses.   This can take a few hours or a few months.  Direct examination of the witnesses means the plaintiff’s lawyer cannot “lead” the witness and needs to ask questions pursuant to the rules of evidence.  Once the witness is done being directed the defense will have the chance to cross examine the witness.  Plaintiff will then get to re-direct the witness based on the cross examination.   This will go on and on until the Plaintiff has called all of the witnesses they intend to call.

The plaintiff will then rest his or her case in the view of the jury.  The judge will ask the parties to approach and the defense will most likely move for a judgment on the evidence.  The defense will basically argue that the plaintiff hasn’t proved his case and no reasonable juror would hold in the favor of the plaintiff.

If this motion gets denied the defendant will have the opportunity to put on a case.  It will go the same way with the defense directing the witness, but this time around the Plaintiff will do the cross examination.

When the defendant is finished they will rest their case and most likely make another movement for a judgement on the evidence.

If the judge denies the motion than the jurors will be sent out of the courtroom so the judge and the lawyers can discuss the jury instructions.

The judge will be the ultimate say on the jury instructions and when they are ready the judge will call the jury back in and read them the instructions.  Once the instructions are finished the defense lawyer will make their closing argument.  When that is finished the plaintiff lawyer will make his or her closing argument.

The jury will then be taken by the deputy sheriff to the jury deliberation room in the back of the courthouse (on the same floor usually) and then the deputy sheriff will return to the courtroom to get the evidence to bring to the jury.

The jury will deliberate and send questions if they have them to the judge via the bailiff.  The last three cases I’ve tried the jury has asked about insurance.  Judge will instruct jury that insurance is not meant to take part in their deliberation.

When the jury is done deliberating they will inform the deputy sheriff.  Deputy sheriff will then tell the judge and all of the jurors will be brought into the jury box.  The foreperson will hand the verdict to the deputy sheriff who will hand it to the judge for review.  Once reviewed the judge will read the verdict.

The jurors will be thanked for their service and released from that trial.  The judge will then entertain any post verdict motions from the parties.

Advertising Material for www.louisville-injury-lawyer.com and Brian Dettman of Dettman Law.

Who Should Pay For My Property Damage in Louisville After a Car Crash?

I'm working on property damage today.  If your lawyer tells you that he only represents you on the injury claim and not the property damage claim than your lawyer is being lazy.  I will say that I authorize the insurance companies to set up a viewing of the vehicle and communication with my clients on this aspect of the claim.  Generally speaking my clients are going to know more about he value of their vehicle, but I'm happy to assist when necessary.

Property damage works like this: 1) the at fault vehicle pays for your damage (in pre-lit or because a judge/jury tells them to) or 2) you have comprehensive and collision and your insurance company pays for the damage. 

#1 is usually the preference because most people don't want to pay their deductible and most people want the other persons insurance company to be on the hook.  The issue here is that liability here needs to be relatively clear cut for the at fault carrier to make a liability decision and cover the damage.  If liability is disputed then the at fault won't pay on the sooner side and a lawsuit may be necessary.  That won't "speed" up the process, but it will get the carriers attention.  A carrier subjects itself to bad faith by failing to properly investigate.  That is the topic of another post.

So lets say you are side swiped and the other driver says you caused the crash.  His insurance company isn't going to pay for your damages without being forced to by a just or jury. If that is the case you better hope you option #2 available to you.

The quickest way to get the damage covered is thorough your carrier if you have the right coverage.  They will set it up and move the damage along.  Your insurance, assuming they don't think you are at fault, will then pursue the other insurance company to reimburse them.

The next question you have is how do they pay me.  If your vehicle is totaled they owe you the market value of the vehicle at the time of the loss.  Contrary to what you would wish, this means what the vehicle is worth and NOT what you owe on it (insert GAP insurance).  If you owe more on the vehicle due to depreciation then you can be in a bad spot, but the law can't force someone to pay for more damage than what something is worth.  If the car is fixable they will pay for the damages at the repair facility.  That is pretty cut and dry, but make sure you get a repair facility that you like and trust.

Some other tips: if you can wait get both carriers to make you an offer on the vehicle and take the higher one AND do not be fooled into thinking you must bring the vehicle where the insurance adjuster tells you go.  You have the right to choose the auto repair facility of your liking.  They want you to use theirs because its quick and cheap.  You don't want quick and cheap.

All of the above info is general.  As any lawyer would tell you...there are exceptions to everything.  I'm happy to discuss at 502-779-9998 or 502-444-HURT or bdettman@dettmanlawrgoup.com

Advertising Material for www.louisville-injury-lawyer.com

Fifty Times Value Multiplier, Is This Possible on Louisville Kentucky Dog Bite Case?

I resolved two cases last week.  The first case my client had $6,000.00 in medical expenses.  The second case my client has $17,500 in medical expenses.  The first case resolved for $300,000.00.  The second case resolved for $27,500.  You read that right.  The first case resolved for fifty times the medicals.  How can that happen?

As a lawyer I often hear "my uncle told me my case is worth three times the medicals."  That may have been applicable in 1960.  It isn't now. A case is worth 1) what a jury will pay or 2) what an insurance company will pay and 3) what your lawyer can get for you and 4) what you are happy taking. We usually don't get to #1 unless an insurance company is significantly undervaluing your claim.

There are also lawyers advertising "get three times more money."  That's a separate issue.  They are saying you will get more with a lawyer than without a lawyer.  They are right.

By the way, if you are curious, the fifty times medicals case involved a serious injury.    I know I did my best to get my client all the money that was available, and did, and hopefully that will ease some of the difficulty she has to deal with on account of her injury.

This week I resolved two other cases cases.  The first one the insurance company offered me $9,000.00 before a lawsuit.  That case resolved for $20,000.00 today.  The second one the insurance company made offers of 5, 7.5, 12, 13.5, 15.5 telling me that was top, and then $20,000.00.  All of these cases resolved for what they were worth from the get go.  It just takes some work to get there.

Advertising Material for www.louisville-injury-lawyer.com

I Made a Lot of Money This Year Social Media Posts on Injury Cases

I was born in 1982.  As a result, I'm basically on every form of social media available.  I'm also a plaintiff's lawyer so a lot of PI ads pop up on my feed.  Towards the end of the year its almost a requirement that a PI lawyer posts something like: My Firm Resolved X Million Dollars Worth of Cases This Year!"

I'm not sure how I feel about these posts.  Is there any other business in America where it is appropriate to tell everyone how much money you made?   Do cardiologists post about fixing five hundred hearts this past year?  Are lawyers basically just Birdman posting about driving Bentleys and eating lobster?

(I get that this photo is insane, thanks)

I can't explain why, but I'm ok with lawyers posting about a specific case they resolved, but I'd like details about initial offer, facts, etc to see if someone really did a good job.

I really wish there was some way for PI lawyers to advertise something like "I really helped this client who was struggling financially to stay afloat after this crash.  I was always available to help this client and did everything I could to ensure a positive result.  At the end of the day I really made a difference in this clients life."  But that honestly isn't as impactful in our Kardashian World as "I'm RICH!"

I do get saying you recovered X is basically advertising and letting the world know that you are a successful lawyer.  My take is this info probably belongs on a website.  And don't get me wrong, I'm happy that PI lawyers are sticking it to insurance companies.  I'd rather see "competition" do good than big insurance stick it to the little guy.  The question is how can lawyers find a way to say "I'm successful" without the unhumble brag?

FYI, if you are wondering if I'm posting this because I had a crap year....I didn't.  I had my best year yet.  And also, I haven't seen a I Made A Lot of Money This Year Post yet, so this isn't about anyone in particular.

Advertising Material.  Not really, just my thoughts for www.louisville-injury-lawyer.com

International Clients: Somalia, Bhutan, DRC, Iran, Vietnam

Louisville is a awesome city for the fact I get to interact with a diverse population and as a result I have represented clients from these countries and others.  I find that a lot of the time my international clients are exceptionally thoughtful, hard working people.  I speak enough French and enough Spanish to communicate at a basic level, but often times we use translators to assist when someone doesn't speak English as their first language.

I feel like I'm constantly slamming insurance companies on this blog (and I assume an insurance adjuster blog would moan about personal injury lawyers so I'm good), but my experience with international clients is certain insurers low ball immigrant clients.  Someone is going to find proof of this some day.  The insurance company would tell you this is a result of what zip code someone lives in.   I would tell you it is based on name.  I have handled enough cases to know that John Smith that lives in area code 40213 gets better initial offers that Muhammad Abdullah living in the exact same area code.

My goal on each and every injury case is to get top dollar for my client, based on who they are as a person and not where they are from.  If you are the victim of a car crash or other injury in Louisville call me for a free case evaluation.

Advertising Material.

J'ai l'impression de claquer constamment les compagnies d'assurance sur ce blog (et je suppose qu'un blog d'expert en assurance gémirait à propos d'avocats en dommages corporels, alors ça va bien), mais mon expérience avec les clients internationaux est celle de certains assureurs immigrés. Quelqu'un va en trouver la preuve un jour. La compagnie d’assurance vous dirait que c’est le résultat du code postal dans lequel vit une personne. Je vous dirais qu’il est fondé sur le nom. J’ai traité suffisamment d’affaires pour savoir que John Smith, qui vit dans l’indicatif régional 40213, a de meilleures offres initiales que Muhammad Abdullah, qui vit exactement dans le même indicatif. Mon objectif pour chaque cas de blessure est d’obtenir le maximum pour mon client, en fonction de qui il est et non d’où il vient. Si vous êtes victime d'un accident de voiture ou d'une autre blessure à Louisville, appelez-moi pour une évaluation gratuite de votre cas

مجموعة متنوعة من السكان ونتيجة لذلك كنت أمثل عملاء من هذه البلدان وغيرها. أجد أن الكثير من الوقت لعملائنا الدوليين مدروسون بشكل استثنائي ، يعملون بجد. أنا أتكلم الفرنسية بما فيه الكفاية والأسبانية كافية للتواصل على المستوى الأساسي ، ولكن في كثير من الأحيان نستخدم المترجمين للمساعدة عندما لا يتحدث شخص ما الإنجليزية كلغة أولى.

أشعر بأنني أقوم باستمرار بإغراق شركات التأمين على هذه المدونة (وأفترض أن مدونة الضبط التأمينية تثير شكوى حول محامي الإصابات الشخصية لذا فأنا بخير) ، ولكن تجربتي مع العملاء الدوليين هي شركات تأمين معينة منخفضة الكروات. شخص ما سيجد دليلا على هذا يوما ما. سوف تخبرك شركة التأمين بأن هذا هو نتيجة للرمز البريدي الذي يعيش فيه شخص ما. أود أن أقول لك إنه يستند إلى الاسم. لقد تعاملت مع حالات كافية لمعرفة أن جون سميث الذي يعيش في رمز المنطقة 40213 يحصل على عروض أولية أفضل من محمد عبد الله الذي يعيش في نفس رمز المنطقة.

هدفي في كل حالة إصابة هو الحصول على أعلى الدولار لموكلي ، على أساس من هم كشخص وليس من هم. إذا كنت ضحية حادث سيارة أو إصابة أخرى في لويزفيل اتصل بي لإجراء تقييم حالة مجاني.

Louisville es una ciudad increíble por el hecho de que puedo interactuar con una población diversa y, como resultado, he representado a clientes de estos países y otros. Encuentro que muchas veces mis clientes internacionales son personas excepcionalmente reflexivas y trabajadoras. Hablo suficiente francés y suficiente español para comunicarme a un nivel básico, pero muchas veces usamos traductores para ayudar cuando alguien no habla inglés como su primer idioma.

Siento que estoy atacando constantemente a las compañías de seguros en este blog (y asumo que un blog de ajustadores de seguros se quejaría de abogados de lesiones personales, por lo que estoy bien), pero mi experiencia con clientes internacionales es que ciertas aseguradoras son clientes inmigrantes de bajo riesgo. Alguien va a encontrar pruebas de esto algún día. La compañía de seguros le diría que esto es el resultado del código postal en el que vive alguien. Le diría que se basa en el nombre. He manejado suficientes casos para saber que John Smith que vive en el código de área 40213 recibe mejores ofertas iniciales que Muhammad Abdullah que vive en el mismo código de área.

Mi objetivo en todos y cada uno de los casos de lesiones es obtener el mejor precio para mi cliente, en función de quiénes son como personas y no de dónde son. Si usted es víctima de un accidente automovilístico u otra lesión en Louisville, llámeme para una evaluación gratuita del caso.Louisville est une ville fantastique pour le fait que je puisse interagir avec une population diversifiée et, par conséquent, j'ai représenté des clients de ces pays et d'autres. Je constate que très souvent, mes clients internationaux sont des personnes extrêmement attentionnées et travaillantes. Je parle suffisamment le français et l'espagnol pour communiquer à un niveau élémentaire, mais nous avons souvent recours à des traducteurs pour aider les personnes qui ne parlent pas l'anglais comme langue maternelle.

.