I filed a lawsuit against a Shelter Insured in December of 2016. My client had 20K in medical expenses and the insurance company offered me 3.5K. I sued them. They called back and offered 7K of their 25K policy. A few weeks ago their lawyer called me up asking if I would take 15K of the 25K policy if she could get Shelter to pay it. I told her no and my client was owed the entire policy. On Monday I received an email letting me know they were tendering the entire policy.
There is a real problem if you are an insurance adjuster attempting to pay 3.5K on a case that eventually gets resolved for 25K. Nothing changed as far as damages and it isn't the first time I have dealt with this adjuster. Three months ago I resolved a case in litigation for 40K after the adjuster offered me 14K pre-suit.
Now every time I see this adjuster on a file I'm filing a lawsuit. She has lost all credibility and I feel bad for her insureds. Rant over.
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www.louisville-injury-lawyer.com
Thursday, January 25, 2018
Thursday, January 4, 2018
Your "Bulldog" Lawyer Is Terrible
I have a client that was referred to me by a lawyer in
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
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.
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Tuesday, November 28, 2017
No Good Deed Goes Unpunished- Helping a Family Member
No Good Deed Goes Unpunished- Helping a Family Member
This afternoon I'm defending a deposition. This is the only defense case I have open and it is pro bono for a friend. It is not related to an injury manner.
My client took care of her elderly aunt for five years through a voluntary power of attorney (POA). Client was basically at the beck and call of the Aunt to do things like take her around town or to the grocery store. Out of the blue in comes a Man from out of state that is significantly younger than Aunt and about the same age as client. Man and Aunt haven't seen each other in decades. Man takes over Aunt's life, moves into her house, and my client is subsequently removed from power of attorney. Man then decides he is going to have Aunt sue my client for acts she took that were authorized by the Aunt. The damages are less than what Aunt is going to pay her lawyer to try the case.
I've handled family cases before. This included cases between members of my own family. They are UGLY cases where nobody wins in the end. The stress this case is going to cause on the Aunt and on my client from what I can tell isn't worth the money they are fighting over. Both had a good relationship before Man enters the picture and my client is close to the only family that Aunt has left. In addition, I've counter sued Man and it is likely to get ugly for him :).
Tell your family you love them tonight.
Brian Dettman www.louisville-injury-lawyer.com Advertising Material.
This afternoon I'm defending a deposition. This is the only defense case I have open and it is pro bono for a friend. It is not related to an injury manner.
My client took care of her elderly aunt for five years through a voluntary power of attorney (POA). Client was basically at the beck and call of the Aunt to do things like take her around town or to the grocery store. Out of the blue in comes a Man from out of state that is significantly younger than Aunt and about the same age as client. Man and Aunt haven't seen each other in decades. Man takes over Aunt's life, moves into her house, and my client is subsequently removed from power of attorney. Man then decides he is going to have Aunt sue my client for acts she took that were authorized by the Aunt. The damages are less than what Aunt is going to pay her lawyer to try the case.
I've handled family cases before. This included cases between members of my own family. They are UGLY cases where nobody wins in the end. The stress this case is going to cause on the Aunt and on my client from what I can tell isn't worth the money they are fighting over. Both had a good relationship before Man enters the picture and my client is close to the only family that Aunt has left. In addition, I've counter sued Man and it is likely to get ugly for him :).
Tell your family you love them tonight.
Brian Dettman www.louisville-injury-lawyer.com Advertising Material.
Thursday, November 16, 2017
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
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
Thursday, October 12, 2017
Injury to Child Cases in Louisville Kentucky
I'm back in the office working on cases involving injuries to children. On my desk right now is a brain injury case, an eye injury case, and a dog bite case. They are cases that need special attention. They are also and rewarding to work on because I know I'm doing good.
Here are some important considerations when handling minor-child cases:
1) The statute of limitations runs extends from the eighteenth birthday. This means there is generally speaking a longer time frame in which to make a decision about filing a lawsuit. One year from an injury case and two years for a car crash case.
2) The minor's parents must sign with the lawyer. This means the parent is running the show until the child turns 18 years old. The parent will have to make important decisions about resolving the case or filing a lawsuit.
3) Any money recovered will need to go into a blocked account. This isn't because "The Law" thinks you will mismanage your kids assets. It is because other people have done some pretty stupid things and made it so we require a judge to approve minor settlements. Once the money goes into a blocked account it will not be released until the child turns 18 absent a court order. It is possible to get the money released if it will be used "in the best interests of the child." A judge determines that standard. A computer for school is a good example of something that is in the best interests of a child Money for an expensive car at age 16 would be an example of something a judge might not approve. Some lawyers hire other lawyers to put minor resolutions through the probate court. My office does them as a matter of course.
4) You are looking at a lifetime of damages if there is a permanent impairment or injury. This means you have more damages. More for the lawyer to argue for.
I take pride in the work I do on all cases including child injury cases. If you have any further questions I'm happy to answer them.
Advertising Material for www.louisville-injury-lawyer.com by Brian R. Dettman
NOTE: I have been in Africa and this blog hasn't been updated in a while as a result.
Here are some important considerations when handling minor-child cases:
1) The statute of limitations runs extends from the eighteenth birthday. This means there is generally speaking a longer time frame in which to make a decision about filing a lawsuit. One year from an injury case and two years for a car crash case.
2) The minor's parents must sign with the lawyer. This means the parent is running the show until the child turns 18 years old. The parent will have to make important decisions about resolving the case or filing a lawsuit.
3) Any money recovered will need to go into a blocked account. This isn't because "The Law" thinks you will mismanage your kids assets. It is because other people have done some pretty stupid things and made it so we require a judge to approve minor settlements. Once the money goes into a blocked account it will not be released until the child turns 18 absent a court order. It is possible to get the money released if it will be used "in the best interests of the child." A judge determines that standard. A computer for school is a good example of something that is in the best interests of a child Money for an expensive car at age 16 would be an example of something a judge might not approve. Some lawyers hire other lawyers to put minor resolutions through the probate court. My office does them as a matter of course.
4) You are looking at a lifetime of damages if there is a permanent impairment or injury. This means you have more damages. More for the lawyer to argue for.
I take pride in the work I do on all cases including child injury cases. If you have any further questions I'm happy to answer them.
Advertising Material for www.louisville-injury-lawyer.com by Brian R. Dettman
NOTE: I have been in Africa and this blog hasn't been updated in a while as a result.
Thursday, September 7, 2017
Insurance Adjuster Scare Tactics
An Insurance Adjuster just forwarded me photos of my client's vehicle post crash. My client drives a massive Ford Expedition. The defendant was driving a Dodge Durango.
The wreck happened a few weeks ago and there isn't a reason for the insurance adjuster to send me these photos other than to infer that the wreck wasn't bad and thus my client cannot be hurt. Its a cheap scare tactic. Interestingly, the insurance adjuster did not send me any photos of his insureds vehicle.
The impact was to my clients trailer hitch and absolutely destroyed the other car. If you just look at my clients vehicle it doesn't look bad (structural damage underneath)...which is why the insurance adjuster only sent me those photos. I asked him for photos of his insureds vehicle and he said he didn't have any. I then asked him for a copy of the body shop repair estimate on his insureds vehicle. No surprise, he didn't have that either.
I have photos of the vehicle that hit my clients Expedition. I just sent the photo to the insurance adjuster :)
Advertising Material for www.louisville-injury-lawyer.com
Brian R. Dettman
The wreck happened a few weeks ago and there isn't a reason for the insurance adjuster to send me these photos other than to infer that the wreck wasn't bad and thus my client cannot be hurt. Its a cheap scare tactic. Interestingly, the insurance adjuster did not send me any photos of his insureds vehicle.
The impact was to my clients trailer hitch and absolutely destroyed the other car. If you just look at my clients vehicle it doesn't look bad (structural damage underneath)...which is why the insurance adjuster only sent me those photos. I asked him for photos of his insureds vehicle and he said he didn't have any. I then asked him for a copy of the body shop repair estimate on his insureds vehicle. No surprise, he didn't have that either.
I have photos of the vehicle that hit my clients Expedition. I just sent the photo to the insurance adjuster :)
Advertising Material for www.louisville-injury-lawyer.com
Brian R. Dettman
Wednesday, September 6, 2017
Mediation Low Medicals
I went to a mediation yesterday with a client I really like and a mediator that usually gets cases resolved.
My client was rear ended on I-264 in his F-150 by and F-150 and catapulted into an F-150. You read that right. Three F-150's involved in the same crash. This is Louisville. The Defendant driver had just received a text from his wife and was looking down. My client has four children and a wife. He doesn't have the option of not working for a living. As a result, he only had 8.1K in total medical expenses because he didn't have time to go back and forth to doctors...despite the fact he was hurt.
I find that if my clients have "high" medical expenses the other side will argue they "over treated." If the medical expenses are "low" I hear "they weren't that hurt." Doesn't make sense from my perspective, but those are the arguments. My client also had to work to make a living so I expected and received "if he is that hurt how can he work." The response is obvious"people have to make a living to feed their families."
This particular case had a defense attorney that I liked working with. She gets that we don't all have to be at each others throats and can sometimes get more done for all of our clients by working together to resolve the case. Two hours into the mediation we had reached a standstill. The defense lawyer found a way around the standstill and I was impressed.
The insurance company originally offered him 4.5K. I thought they mixed up their files. I filed a lawsuit and they came up to 9K. Yesterday the case resolved after a year of litigation for 24K. Client was happy so I'm happy.
Advertising Material for www.louisville-injury-lawyer.com
Brian Dettman
My client was rear ended on I-264 in his F-150 by and F-150 and catapulted into an F-150. You read that right. Three F-150's involved in the same crash. This is Louisville. The Defendant driver had just received a text from his wife and was looking down. My client has four children and a wife. He doesn't have the option of not working for a living. As a result, he only had 8.1K in total medical expenses because he didn't have time to go back and forth to doctors...despite the fact he was hurt.
I find that if my clients have "high" medical expenses the other side will argue they "over treated." If the medical expenses are "low" I hear "they weren't that hurt." Doesn't make sense from my perspective, but those are the arguments. My client also had to work to make a living so I expected and received "if he is that hurt how can he work." The response is obvious"people have to make a living to feed their families."
This particular case had a defense attorney that I liked working with. She gets that we don't all have to be at each others throats and can sometimes get more done for all of our clients by working together to resolve the case. Two hours into the mediation we had reached a standstill. The defense lawyer found a way around the standstill and I was impressed.
The insurance company originally offered him 4.5K. I thought they mixed up their files. I filed a lawsuit and they came up to 9K. Yesterday the case resolved after a year of litigation for 24K. Client was happy so I'm happy.
Advertising Material for www.louisville-injury-lawyer.com
Brian Dettman
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