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.

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 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

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

"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

The Defendant Has Insurance

I'm prepping for two upcoming trials.

In 99% of the cases I have the defendant is insured and the lawyer representing the defendant was hired by the insurance company.  In the other 1% of cases the defendant has money.

The first, case I'm working on is a dental battery.  The lawyers from the other side, in an effort to be paid by the insurance company, are trying to change it into a malpractice case (insurance companies don't pay lawyers for solely battery claims as they are usually excluded from coverage). I've continued to tell them this is a battery case and I get why they are trying to argue otherwise $$$ :)  The defendant in this case has assets and this case is the exception to the rule. 

The second case I'm working on is a "he said he said" car crash case.  My client and the defendant both say that the other guy ran the red light.  What I find interesting about this case is the defendant did not go to the hospital post crash despite the fact the EMS personnel was telling him to go.  I don't think he went because I think he passed out at the wheel in a diabetic attack, he has had that happen before.   The defendant did go to the hospital later that day.  I think he didn't go initally because he didn't want records reflecting what happened.  He says his kids were scared that their dad would die so he went home with them.  That doesn't make sense.  Your kids would want you to go to the hospital.  My client fractured his spine in this case.  He has recovered as well as one could, but that is a terrible injury to go through and he still suffers.  I remember meeting him for the first time in his full upper body back brace.  He was wincing the whole time I spoke with him.  The defendant driver is insured which is the norm. The jury won't get to hear anything about the insurance company, but they are on the hook to pay, not the defendant driver.  I wish I had some explanation for this but the rules don't allow me to bring it up.

Advertising Material, but mostly thoughts, for www.louisville-injury-lawyer.com and Brian Dettman

Your "Bulldog" Lawyer Is Terrible

I have a client that was referred to me by a lawyer in Florida (I'm licensed in both states).  The Florida lawyer needed co-counsel in Kentucky so we are both working on the case.  The client has a serious injury and her insurance company won't pay her enough...imagine that.  I've been called in to litigate the case in a rural Kentucky Community.

As I was initially discussing the case with my new client she told me that she hired the Florida Lawyer because he was a "bulldog" negotiator (he doesn't advertise as so and is a really nice guy/well respected lawyer).  She had seen him negotiate a real estate contract in Florida and thought he did a good job.  I guarantee the Florida Lawyer did do a good job on that case...at that time in that manner with that opposing counsel.

As a result of the bulldog negotiation on the Florida real estate contract the client wanted the same type of scorched earth, yell loud, "really give it to the insurance company lawyer" stance from me.  This got me to thinking about whether or not it’s helpful to be a jerk as a lawyer.  It isn't.  

This does not mean that a lawyer should lie down or refuse to negotiate in a tactful, strong willed manner.  If I have a disagreement with another lawyer I'm going to state my case.  I'm not going to bend or move off what I believe to be correct and true.  

What it does mean is that calling up the defense lawyer and yelling at him about the value of a case and demanding he pay now or "face the consequences" is a complete waste of time.

Think about it this way: Do you respond positively to people that are absurd, rude, loud, or unreasonable?  Will you listen to someone and give in if they yell louder than you?  If your answer to the latter is yes, please don't become a lawyer :)

I can think of one lawyer working the defense bar that is a real piece of work.  His emails are borderline comical with the absurdity.  They are basically just threats without any backing.  I've asked him before if his emails are really his emails or if he is showing off for his clients.  He won't give me a straight answer.  I've basically stopped responding to him unless I have to and I'm more inclined to fight him because he is a jerk (maybe I have a tint of spitefulness).  His “bulldog” attitude harms his clients.   

I understand, it’s a marketing gimmick to argue you are a "bulldog" lawyer.  I have a feeling that a lot of the lawyers advertising like this really don't act like it.  Yet, there is a certain type of client that buys into this nonsense.  Here is a question for that type of client: What makes you think your bulldog lawyer isn't going to bully you into taking less on your case?  Does being a jerk only apply to others? 

In this case, I know the lawyer on the other side.  A "bulldog" lawyer isn't going to work.  Opposing counsel isn't a jerk and if I start yelling at him he's going to think I'm crazy.  I'm going to negotiate with him in a tactful manner without being a jerk.  This will lead to the best result for my client.  

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

The Myth of Auto Insurance "Loyalty." Ongoing USAA Lawsuit.

UPDATE: USAA paid my client a fair sum to resolve his case. 

One of my current clients has been with USAA Insurance for years.  He is former military and a twenty year veteran in the Louisville Fire Department so USAA seemed like a good idea for him when he signed up.  Fast forward to when he actually needs to use his coverage....

While riding a bike in the bike lane in downtown Louisville he was hit by an at fault driver who was insured by Allstate.  My client was an avid triathlete and was in great physical shape before the crash.  He underwent conservative therapy in an effort to get back on track.  He also attempted to continue to do the one thing he loved, triathlons, but eventually reached the point where his pain was too much and he underwent a cervical fusion surgery.  Surgery was not something my client wanted because he is now limited in basically everything he does, including triathlons.

I can relate to this client because I'm equally stubborn.  I play ice hockey many times a week.  If someone crashed into me and I was getting treatment/recovering I'd continue to play hockey.  My play would deteriorate, but unless someone told me I'd 100% kill myself playing I'd continue to skate.  Same deal with my client, he continued doing triathlons.  His speed significantly deteriorated and there were races he could not finish due to pain.  Keep in mind he had no issues with his neck before he was hit by a car.

We initially received an offer from the at fault driver that was insufficient so I filed suit.  They told us this was a "soft tissue" case because my client waited too long to go get a surgery.  We were also told that the other driver had a different set of facts.  I deposed their driver and she folded under pressure.  I then demanded her policy limits and her insurance company paid.  Unfortunately, her policy limits were insufficient to cover my clients damages.  When a defendant does not have sufficient coverage the next thing we look to is called Under-Insured Motorist Coverage ("UM" Coverage).

My client purchased UM through USAA.  The purpose of this coverage is to step in the shoes of the at-fault driver should he/she have insufficient coverage.  This type of coverage is specifically bought and my client purchased it with the hope that when/if he needed it that his insurance company wouldn't put him thorough the ringer.  Part of this hope was based on the commercials USAA runs about people being members for life and them having great service.

I demanded my clients UM policy limits.  I was told that my client needed to get his head out of the clouds.  I replied that in addition to my client's significant injury he was a bit perturbed his own insurance company was making him jump through hoops and basically calling him a liar.  I told a USAA representative my client had paid premiums for years to USAA and the USAA representative told me that each and every year that premium expires so my client gets no credit for being a loyal member.  According to the law that is a correct statement of fact and I hope this USAA rep is just doing his job.  However, the way USAA advertises "members for life" and loyalty I find their position to be untruthful.   Don't pretend to be a loyalty based company if loyalty isn't worth anything.

We are set for trial in March.  Interestingly, the Allstate Lawyer will be defending USAA's money

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