How Does A Car Crash Property Damage Claim Work in Louisville, Kentucky?

You have three claims in Kentucky for a car crash: property damage, injury, and personal injury protection.  This article discusses the property damage.

If you are not at fault for a crash the other person’s insurance company will pay for your car to be fixed.  At the scene of a crash it is important to get this information.  Without knowing who the other carrier is the only way to get this information is the police report.  And that often takes 3-5 business days.

The second, and often faster way, is to have your insurance carrier fix the vehicle.  Clients are often concerned about their rates going up if they use their own insurance.  There is a Kentucky Statute that states if you are not at fault for a crash they cannot raise your rates.  The catch here is you will have to front the deductible until the other persons insurance reimburses you.  That may take some time.

If the other person does not have insurance you will need to go through your own carrier to get the car fixed.  If you do not have this coverage it is a problem.

Your injury lawyer should set up the property damage claim for you.  The next step is to take the vehicle for an estimate if the vehicle is drivable.  If the vehicle is not drivable your lawyer will authorize an adjuster to come out to your house to discuss property damage.  The ONLY thing you should discuss with a property damage adjuster is damage to your car.  Some of them try to ask questions about what happened in the crash or your injuries.  Better to have a lawyer present for that line of questioning. 

If you are at fault for a crash the only way to get your car fixed is through your comprehensive/collision coverage.  Call your carrier if you have this coverage and have them fix the vehicle.

Where Should I Take My Car to Be Fixed After a Car Crash in Louisville, Kentucky?

Carriers often want you to bring the vehicle to a place they recommend.  I think this is a terrible idea.  If the insurance company is using a place over and over that place probably has loyalties to the insurance company and not you.  I drive a GMC truck and was in a crash in December.  I brought my truck to GMC to get fixed because I wanted it done the right way.  I could have brought it to any body shop and I was under no obligation to use the four shops my insurance company recommended.

 

What if My Car is Totaled After a Kentucky Car Crash?

If your vehicle is totaled you will be entitled to the market value of the vehicle at the time of the loss.  A problem can arise when you owe more on a vehicle than it is worth.  GAP coverage can help here if you have it.  It is frustrating when an insurance company offers you less than what you owe, but under the law the market value is the right valuation.  The market value is what a reasonable buyer and seller would come to in an arms length transaction.  The best way to figure this out is by pricing your car on the internet.  Use the same make, model, mileage as a guideline. 

Will My Car Crash Lawyer Help Me?

Although I represent my clients on their injury claim I assist them on property damage claims as well.  That usually isn’t often as my clients are going to know way more about their car than I will know.

Happy to answer any questions.

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

How does a Minor Car Crash Settlement Work in Louisville, Kentucky?

Yesterday I resolved a Louisville car crash case for a child with a facial fracture.  The case is complicated in that my client's mother was the driver.  She was at fault for the crash. 

The mother carried a $25,000.00 policy. Her carrier initially offered $17,100.00.  That was bumped up to $18,500.00.  I was told there was no more room by the adjuster.  He asked me to come "off the policy."  I told him no.  I expressed to the adjuster the defendant/mother would be asked the following:  "What is your child's pain and suffering worth?  A few hours later they emailed me the $25,000.00 release.  Sometimes knowing which buttons to press is all you need.  And in the long run this adjuster made the right decision which was nice to see.

Your first question is did the kid sue his mother?  He did not.  We resolved the case pre-litigation and it is his mothers insurance company that is paying.  That is not to say I wouldn't have sued his mother if they didn't pay an appropriate amount to resolve the case.

Because my client is under 18 years old the settlement must be approved by the probate court.  What this means is that paperwork must be filed with the court outlining the injuries, the settlement, and where the money is going.  It is called a Petition to Approve Minor Settlement.  In Jefferson County, Kentucky this motion is required for car crash cases involving a minor when the amount is over $10,000.00.

The reason for this process is to ensure a minors funds are not mismanaged or misplaced.  Plenty of parents have the best intentions for their kids, but there are some bad apples that have taken money and caused this issue.

In order to file the petition I'll first draw up closing documents showing where the money is going.  This will show the settlement, fees, costs, liens that are being paid back, and medical expenses associated with the car crash.

Next, I will attach those closing documents to the Motion to Approve Minor Settlement.  Depending on the case some medical bills may be attached to show proof of payment.  The motion will also state what injuries were sustained.  It will state how my client is doing now.

An affidavit from a guardian stating they approve of the settlement will attach.  A proposed order placing the funds in a blocked account is next.  That order will place the funds in an untouchable
account until the minor turns 18.  This makes the money inaccessible to anyone without a court order.

Next, I will go to the probate office and get a hearing date.  This will allow the judge to evaluate my motion.  When I show up to court I will ask for her/his approval of my motion/order.

If a judge thinks everything is acceptable they will sign the order.  This allows the guardian to sign the insurance company release.  That will be sent to the insurance company in exchange for a check.  I will then take the order with me to the bank along with the insurance company check for deposit.  Paperwork will be filed with the court confirming deposit of the funds.

Its a time consuming process. However, it ensures my clients money goes where it is meant to go.

Each case is different, but that is a general outline.

I'm happy to answer any questions at bdettman@dettmanlawgroup.com.

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

What Kind of Doctor do I Need After a Louisville Car Crash?

Short Answer: One you like and trust.

Long Answer: After a car crash you have the option to go to the hospital.  My estimation is more than half of people do go to the hospital.

If your injuries are life threatening you will most likely be taken to the University of Louisville Hospital (kids will go to Norton Children). If your injuries are not life threatening Norton, Jewish, Baptist East, and the other local hospitals will usually evaluate you and make sure nothing is broken.  Assuming nothing requires overnight stay/surgery the hospital will release you and instruct you to follow up with your primary care physician.

PRIMARY CARE PHYSICIAN

Here is where you can run into a problem.  A lot of primary care physicians don’t want to deal with car crash cases.  For one, they don’t know how to get their bill paid.  The second hold up is that they don’t want to potentially be involved in litigation (aka stopping their practice to provide depositions to lawyers).

I was in a car crash in December of 2018.  I called my primary care physician after going to the hospital and they tried to refer me to occupational therapy in Middletown. I’m not driving 20 minutes to Middletown for physical therapy appointments.  Let me recap: My primary care physician WOULD NOT see me after my car crash (defense lawyers like to make a big deal about this at trial).  The experience was frustrating, but nobody is going to tell a primary care physician what they have to do.  And nobody should.

That said, if your primary care physician will see you then make an appointment.  They will most likely refer you to chiropractic, physical therapy, or another specialist that deals with car crashes on a daily basis.

DOCTOR, CHIROPRACTOR, PHYSICAL THERAPIST

If your primary care physician will not see you there are other options.  There are doctors, chiropractors, physical therapists, and other professionals that focus on car crash treatment.  These medical professionals deal day in and day out with car crash victims.  As a result, they develop expertise.  It’s the same thinking behind why you hire someone that only does car crash cases as your lawyer.  I don’t want a doctor that occasionally treats a car crash victim.  My preference is someone doing it on a daily basis.

So how do you determine which facility to use.  Find a provider that is close to where you live or work.  Make it convenient for you to make appointments.  I see about two to four visits per week on average for my clients depending on the injury.  If treatment isn’t consistent than an insurance company will jump down your lawyer’s throat for a “delay in treatment” (even if you had a good reason like having to work!).  If they do it will “de-value” your case.

TYPE OF INJURY

It is also important to consider the injuries as related to the crash.  Do you think your rotator cuff is torn? Go see an orthopedic surgeon.  Do you have issues with your back and neck? A chiropractor goes to school for four years to fix those issues.  Is your head really hurting? Time for a neurologist.  You also have the option to see multiple medical providers.  Your chiropractor may send you for an MRI or an orthopedic surgeon may send you to pain management.

You can also ask your lawyer for options.  He or she won’t recommend a place that doesn’t know what they are doing and your lawyer can walk you thorough this whole process.

I am happy to answer any questions and my email is bdettman@dettmanlawgroup.com
Advertising Material for www.louisville-injury-lawyer.com Brian Dettman in Louisville.

Kim K Should Not Go to Law School. She Should Skip It and Still be a Lawyer.

I just read an article that says Kim Kardashian is studying to be a lawyer.

This is my understanding: she is skipping undergrad and law school and entering an apprentice program under an experienced lawyer for eighteen hours a week.  Her studies will last for four years.  Once the apprenticeship is over she takes the bar exam.

The California Bar Exam is notoriously difficult.  Multiple outlets deem it the hardest bar exam in the Country.

If Kim K can finish her apprenticeship and pass the hardest bar exam in the country then she should be admitted as an attorney.  I know that sounds strange from a law school graduate, but hear me out.

First, before there were law schools there were lawyers.  And there were presumably really good lawyers that learned how to lawyer from other lawyers.  This how really good modern lawyers also learn to lawyer...they just have to wait three years until law school is over.

The apprenticeship path to lawyering pre-dated the modern system.  My take is that the modern system developed as a sophisticated barrier of entry and has since developed into a money making enterprise (whole separate discussion there).

The amount of law school knowledge I use in my daily practice is basically zero.  I don't really use property, con law, and criminal law.  I do use torts and contracts.  All of those are taught in the first year.  More upper level niche classes like Insurance I do use, but I don't use Environmental Law.  Am I happy I took a bunch of upper level classes from an intellectual standpoint: Yes.  Can I figure out any legal issue as a result of law school: Yes.  Do I think a lot of upper level law school is a total waste of time: Yes.

I learned most of what I do on a daily basis AFTER LAW SCHOOL by through doing it, asking questions, and having mentors.

No more than one year of law school is necessary to learn the very basics of law.  From there every lawyer should be forced to spend a year in an actual courtroom.  I don't care if that is family law, prosecuting, insurance defense, or public defender work.  Without being there you can puff all you want on how you will try a case, but its exactly that puffing.  I think the third year of law school should be spent at a firm with a mentor learning the business and practice of law.

There is also the question of whether or not while in law school I spent more than 18 hours a week doing law school work.  I took a lot of bullshit filler classes my second and third year of law school.  I had to because that was what was required to graduate.   That time would have been way better spend doing the things in the above paragraph.

I would also note there are a lot of people who did really good in law school that aren't good lawyers. Same way there are ok law school students that are amazing lawyers.

Really just thoughts but I'll put ADVERTISING MATERIAL here to cover myself.  www.louisville-injury-lawyer.com

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.

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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.

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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

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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.

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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.

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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.

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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.

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Why Did My Lawyer Drop My Car Crash Case in Louisville, Kentucky?

I get a call about once a week from an person wanting a new lawyer.  I rarely pick up the case.  The reason is simple, I'm not a pro bono lawyer.  If your lawyer dropped your case there is probably a reason.

I drop cases occasionally.  I do this when 1) I don't think a lawsuit will help the client 2) the client wants more than what the case is worth 3) after further evaluation the case turns out not to be a case that is winnable in front of a jury or 4) the client does something that I think is questionable.

When I do drop a case I call the client and tell them straight up why I'm dropping the case.  I get calls from people stating "my lawyer says he is dropping my case because he isn't doing XYZ anymore and I"m XYZ."  Let me translate that for you that lawyer doesn't want the case and came up with a reason that sounded good as to not piss you off.  Lawyers don't drop "good" cases.

All that said, I have taken two cases other lawyers have dropped.  One was where the other lawyer presumably didn't understand under-insured motorist coverage.  The other was a fire case where the other lawyer didn't follow up on a freedom of information request that would have shown him the case was a good case.

#1 and #2 (above) reasons are similar.  I often get what I consider to be top dollar pre-litigation when you consider the costs of a lawsuit.  When I file a lawsuit clients have to pay me more money and the costs of the lawsuit are taken out of the eventual recovery.  What that means is that sometimes when you do the math there is good chance that all of the money will go to lawyers, doctors fees for testimony, and the costs of a lawsuit (like deposition transcripts).  I have heard of greedy lawyers filing suit just to bump up their fee.  That is a terrible business practice.  I don't want a pissed off client two years down the line telling me that none of the money is going to them.

If a client wants a lawsuit on "principle" or to teach them a lesson I'm not a "principle" lawyer.  My job is to get you fully and fairly compensated for your injuries.

#3 occurs when "facts" change meaning that testimony pops up that wasn't previously available or a client isn't as injured as originally thought.

#4 is a rare occasion.  One happened to me this week, I received a call from a debt collector asking me about whether or not my client had a check coming their way on a car crash case.  I told the adjuster I couldn't answer any of the questions, but it was clear that the client had tried to hold off a debt collector by relaying inaccurate information.  If I lose trust in a client I lose trust in a case.

The other issue is that the prior lawyer will have a lien for "services rendered."  Depending on who that other lawyer is they may think they are entitled to a significant fee and thus I'd be really working for that lawyer at the end of the day.

Lawyers don't share this information which is why I think its important.

Its not really Advertising Material.  but I'll write Advertising Material here :) www.louisville-injury-lawyer.com

Claiming "Board Qualification"...Not Board Certification

I had an interesting time deposing a "IME" ("Independent" Medical Examination) Doctor last week.  My client was rear ended by a jeep.   Moderate damage to my clients vehicle and no real damage to the jeep.  My client has a positive MRI finding an no prior issues with his back.  It was a trial deposition for the defense so they got to ask questions first.

After twenty something minutes of opining that my client wasn't hurt as a result of the crash I was given the chance to cross examine.   About four questions in the doctor told me that he wasn't comfortable providing opinions concerning the relatedness of the crash and the injury/medicine involved due to complications with law and ethics.  Huh?  My response was obviously "well you just spent twenty minutes discussing the exact same thing with the defense, but now all of a sudden you won't be providing any opinions?!"

He changed his tune and started answering my questions.  I thought it was good tactic on his part.  State that ethically you can't answer something the Plaintiff's lawyer is asking you, but answer all of the defense questions.

He did have some interesting things to say concerning his qualifications.  Doctors make a big deal about being "Board Certified."  Basically you practice medicine for a certain period of time and then you take a test to become Board Certified.  This doctor was asked if he was Board Certified and he stated he was "Board Qualified."  Board Qualified I asked him..."what exactly does Board Qualified mean?"  It meant that he was eligible to take the test, never did take the test,
and was not Board Certified.  I asked him if that was the same thing as going to law school, but never taking the bar examination.  He didn't like that question.  But CMON MAN! Just say you aren't Board Certified and move on.  No need to give some shady answer about being qualified. 

Side note, this doctor, for the past thirteen years, hasn't practiced medicine, but instead does these reviews for lawyers.  He does them for the defense, but doesn't keep a record.  He doesn't keep a record because he doesn't want Plaintiffs lawyers to know exactly how many he is doing.  This is a common trick "IME" doctors do.

I hope the jury sees thorough all of this guys nonsense.

"I do this all the time and nobody objects"

I went to a pre-trial conference a few weeks ago on a rear end collision case.  The judge is no nonsense and calls balls and strikes as she sees them.  The lawyer for the other side is a nice guy who talks really fast.  He is exceptionally proficient in cross examination, but his directs are basically him testifying about his position in the case and not really asking questions.  A lot of the questions are compound questions.  I had a decent amount of objections to his questioning.

The most interesting (objectionable :) questions he asked related to whether or not my treating physicians would respect the decision of the jury if the jury awarded my client zero money.  To me that is objectionable on two levels: 1) it invades the Provence of the jury and 2) its irrelevant.   Its the equivalent of me asking his doctor: so if the jury awards 14 million dollars for my client you are ok with that, right?  A jury shouldn't care what he doctor thinks about their award.  A jury should award or not award damages based on the testimony and evidence.  A jury shouldn't base their opinion on damages because some person in a white suit says they will be happy with whatever the jury does.  Happy the judge got this one right.

As I'm walking out the lawyer for the other side, who I genuinely believe is trying to help me in other cases, said I should use that line of questioning in other cases.  I'm not going to do that :)

Defense Doctor and Insurance

I was cross examining a doctor for the defense yesterday and asked her what percentage of cases she does for the Defense versus Plaintiffs.  She told me she doesn't keep track of it.  How convenient!  She did admit that she does most of her work for insurance companies.  I already knew that.

After the deposition the lawyer for the other side wanted to take out the testimony about the insurance company.  The law doesn't allow me to keep in the fact there is insurance so I agreed.  The theory behind it is that a jury knows there is insurance than a jury is inclined to award higher damages.  The reality is that insurance is the elephant in the room that nobody talks about and everyone knows is there.  From my perspective the lawyer on the other side is going to allege that this evil plaintiff's lawyer is out for gold and that his poor penniless client can't afford it.  That isn't true.  In this case the other side has $300,000.00 in coverage and won't pay my client for her injuries.  They would rather make her jump through hoops and try the case to a jury. 

The doctor also told me that she looked at photos of my clients damage to determine my client wasn't hurt.  I asked her if the lawyer for the defense send her photos of his clients damage for her assessment.  She told me no.  I asked her if taking a look at photos of the defendant's car would have made a difference in her evaluation.  She told me it wouldn't make a difference because she isn't a accident reconstructionist.  I didn't push it because I found it funny she looked at one photo and said my client wasn't hurt, but that looking at another photo (which shows more damage) wouldn't help in her evaluation.  Juries are smart.  They will figure it out.  This was also a catapult crash meaning the defendant rear ended a vehicle and slammed it into my client's vehicle.  I asked the doctor how many cars were involved in the crash.  She didn't know.  I wonder if the defense lawyer will pay her another 2K to testify in the future :)

GET A LAWYER DAY 1

I'm working on a case today where my client hired me eight months post crash.  In these scenarios I can't fix past damage.  For example, normally I can attempt to minimize my clients owed medical bills by putting them through health insurance if the provider takes health insurance.

Hospital bills are usually the issue here.  One visit can cost $8,000.00.  And Personal Injury Protection (PIP) usually covers the first $10,000.00.  If the hospital bill is submitted to PIP it is usually paid in full leaving $2,000.00 for future treatment. However, if you put that $8,000.00 bill through health insurance it averages out to $2,000.00 and PIP can be directed to pay that leaving you with $8,000.00 instead of $2,000.00.  If you have $8,000 for future treatment its going to make your payback on total medicals a lot lower and thus your recovery bigger (generally speaking).

The average person doesn't know any of that because they don't do this every single day so when a client comes to me eight months post crash and owes money to providers that eats into his or her recovery.

Another issue is insurance companies trying to pretend they are your friend.  My experience has been the adjusters aren't asking you questions to help you.  They are asking questions to try to create problems as far as liability and damages are concerned so when a client provides a recorded statement to a carrier it isn't the best of ideas (generally speaking).  They also want health records releases.  I worked on a case where my client had a lumbar (low back) spine injury 10 years ago, but no problems up until a crash with cervical (neck).  The adjuster wanted to make a big deal about the injury ten years ago.  Is that really acting in good faith?  From my perspective it is not, but they have a job to do in saving the insurance company money so they are going to take positions that are not substantiated.  Finally, the most offensive thing I see is pop out adjusters offering people between $1,000.00 and $1,500.00 right after a crash.  There is NO WAY a person can intelligently determine the extent of their injuries right after a crash.  I've seen an insurance company offer $1,000.00 to a guy with a torn rotator cuff.  That should be illegal.

Advertising Material.  Ranting Lawyer. www.louisville-injury-lawyer.com

Dear Insurance Company, Pay the Deductible and Avoid the Personal Injury Lawyer

A former employee called me last week and told me her father was in a car crash and needed my help.  He had been rear ended by an uninsured driver and wasn't sure what to do.  After speaking to him I learned that he was mostly just pissed at his own insurance company for making him pay a $100.00 deductible on his property damage.  He understandably wanted to stick it to the uninsured driver as well.  Luckily, my client has uninsured coverage and can make a claim.  However, I don't think he would be making a claim if his insurance company just paid for his deductible.  I'd say at least 40% of what I do it related to insurance companies making stupid decisions.  I'm sure if some MBA evaluated this he would tell State Farm to pay the $100.00 deductible and hope this thing will go away.  Instead, I'm making an uninsured claim that won't resolve for less than several thousand dollars.  The insurance company will front that money and then attempt to collect it from the uninsured driver.  Catch is uninsured people don't have money so they will spend a lot of time chasing their tail. I'm not sad about it, but its an inefficiency in our system.

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

Insurance Offer Three Days Post Crash

An Allstate Lawyer took my clients deposition last week.  My client was asked about who communicated with her after the crash.  Turns out that an Allstate adjuster called my client a couple of days post crash and offered her $500 for her injuries in exchange for closing out her claim.  My client has an injury that is going to last a lifetime.  The notion that an Allstate Adjuster would call her up a few days post crash and try to resolve her claim is offensive to me.  Here is a person involved in a big crash with serious injuries and Allstate is doing its best to screw the injured person over by resolving it quickly and for less than what the case is worth.

Lets pretend for a minute that my client is in a financial bind and $500 sounds pretty good.  They accept.  From that minute forward they are prevented from further compensation to pay medical bills.  What if my client needed a surgery and didn't have health insurance?  I can see a scenario where the client goes bankrupt on account of the medical expenses.  And all of this because of an Allstate "pop out" adjuster.

There are rules in place that prevent lawyers from communicating with injured persons post crash.  There should be a similar rule for insurance companies.  I might be ok with a rule that allows Allstate to pay 500 bucks up front but preserves the right of the injured party to re-open the claim at any point within the statute of limitations, but allowing unfettered communication to an unrepresented party by a sophisticated insurance company is absurd. 

Nobody ever hears about this stuff and it happens on a daily basis.

Lawyer Rant & Advertising Material by Brian Dettman www.louisville-injury-lawyer.com

Legal Inefficiency and Pro Bono Lawyering

Every once in a while somebody calls me with a criminal case and asks me to defend them.  Three years ago I stopped taking criminal defense cases, but a few months ago a hockey friend called and asked for help.  He was in the passenger back seat of a car that was stopped for illegal tint.  There was a stolen gun without a magazine under the front passenger seat.  There wasn't anyone in the front passenger seat, but the driver of the vehicle had the matching magazine in his jacket pocket.  Let me repeat that, the driver had the MATCHING GUN MAGAZINE IN HIS POCKET.  The driver denied it was his gun so the cops arrested everyone in the car and charged them with possession of a stolen gun.   The penalty for this is one to five years.  

As a prosecutor you never really think about the fact that defendants need to hire a lawyer.  If I was charging a stranger to defend this case my fee would be $10,000.00.  Catch is my friend doesn't have that type of money.  I'm not writing this because I'm a martyr, but this is a case that needs to be prosecuted against the driver with the magazine.  Its an interesting inefficiency because I can see why they don't want to let my guy out, but at the same time its not a case I would want to prosecute if I was on the other side.  One would hope the driver with the gun in his pocket (who was subsequently picked up on another stolen gun charge) takes this and lets everyone move forward.  We shall see.  If not I'll try it.

Side Note: the arresting officer looks like he belongs in the Sabotage Beastie Boys music video.  Amazing mustache.

Allstate Insurance, Again.

I'm headed to Court this morning because Allstate Insurance has decided they want to try to go around the law.  The Kentucky Supreme Court (KYSCT) decided in Adams v. State Farm (Aaron Murphy argued this case.  He is brilliant.) that an insurance company, when questioning personal injury protection benefits, is allowed to question their insured about the facts of an accident.  All of the medical bills and medical records are submitted to the insurance company for review of treatment.  In making the Adams ruling the KYSCT held that the insurance companies don't get to question about medical treatment/bills.  This makes sense because injured parties aren't medical professionals.  The reason this is important is that nobody remembers whether or not the massage therapist six months ago at the physical therapy clinic massaged them for twelve minutes or fifteen minutes.  In the past insurance companies were allowed to question about injuries/treatment which inevitably led to their clever lawyers trying to trick my clients and make a big issue out of something a lay person stated about medical treatment or something innocuous like whether or not an ultrasound was provided (I had one case where my client thought it was pregnancy ultrasound).  The KYSCT held that if there are questions about medicine that the law provides the insurance companies a means to investigate.  The means is an "independent" medical examination.  The problem from the insurance companies perspective is that the doctors performing these "independent" medical examinations are expensive and that the insurance company also has to prove to the court (aka hire lawyers) to show there is "good cause." This costs the insurance companies money and is more expensive than what they are currently trying to do.

Side note: I've spoken to my clients medical providers and they are willing to answer Allstate's questions about treatment.  Allstate refuses.  I've also had my clients in this case go over all of their medical bills and records.  They did so and submitted an affidavit to the court stating they received the medical treatment submitted to Allstate.  Nonetheless, Allstate won't hassling my clients.

What is really happening behind the scenes is defense lawyers are trying to strum up business and save insurance companies money they ought to pay out.  The way to do that is to hassle insureds and hope they will find a plaintiff's lawyer that won't fight them; or a judge that will allow them to disregard the law.  The worst part is that the insurance companies are fighting their own insureds and attempting to stick them with thousands in medical bills.  The way the insurance companies do this is to sensationalize their pleadings.  This particular insurance company has a lawyer (who I really like) that alleges Allstate has a duty to investigate fraud and that because they have a duty he must put my client through ANOTHER deposition (he already asked about what happened in the wreck).  The issue is that the insurance company lawyer puts nothing of substance in his pleadings.  It is all hunches and speculation.  The law requires fraud to be plead with specificity.  As a result my response is always put your money where your mouth is show us the proof.   I have hunches and speculations about whether or not Allstate insurance underpays minorities on bodily injury claims, but I don't get to put in a pleading and have a judge grant me depositions based on theories.  The issue we run into is that when a judge hears fraud they get understandably apprehensive about not granting the insurance company requests.

I think we can all agree that fraud is something that should be investigated.  The question is by who....should it be insurance companies and their lawyers trying to make a buck?  Or should it be the government authorities?  As a former prosecutor, I believe it should be the latter.

The request Allstate has made today is really on account of my clients traveling twenty minutes to get to a chiropractor for treatment.  My clients are hardworking, responsible people who already told Allstate under sworn statement that they decided to drive twenty minutes for treatment because a family member recommended the chiropractor.  I've driven an hour and a half to doctors in Cincinnati for treatment, but twenty minutes is too much for Allstate.  Its absurd and from my perspective really dishonorable corporate behavior from Allstate.  My guess is some MBA decided this is good corporate policy from a financial standpoint.  It's not good policy for their insureds.

Lets see what the Judge does.