One of the most common car accident cases that walk into my office is what is commonly called “whiplash”. You will also hear them referred to as a soft tissue injury or a sprain/strain. These are the most difficult cases to prove in a  Kentucky court or to convince an insurance adjuster to pay what one would consider a reasonable amount. Kentucky accident victims suffering from these injuries are hurt, they are in pain and the injury is having a detrimental affect on their quality of life. If people are hurt why are these cases so difficult?

There are a number of factors:

·        There are no tests that easily show a whiplash injury.

·        Someone can easily fake this injury because the complaints are subjective.

·        Insurance companies have been successful in denying these claims.

·        There is often little property damage involved in the accident.

·        The accident victim thought the pain would go away so they didn’t go to the doctor.

·        When they did go to the doctor they went to someone that did not have an expertise in this type of injury.

·        Juries of suspicious of what they cannot see.

So how can an accident victim who has a whiplash injury get a reasonable settlement for their injury? Unfortunately there is no way to guarantee an outcome. What you can do is take steps that will give you the best chance for a satisfactory outcome. Some of these steps are:

·        Get checked out by a qualified doctor immediately.

·        Follow your care plan.

·        Document your complaints. Take pictures of the damage to your car.

·        Be careful what you say to the insurance company.

·        Speak with an attorney that concentrates in car accident cases to answer your questions. Most give a free consultation.

·        Be completely honest about your pain and injury.

I could go on for ever about what to do and not to do in an accident case. In fact I have! I wrote a book entitled “7 Potholes That Can Wreck Your Kentucky Accident Case”. If you have been injured in an accident in Kentucky and would like more information on the process click the link on the right I will be happy to send you a copy at no charge.

Every time you turn on the TV, listen to the radio or even read the newspaper you hear someone talking about Facebook, Twitter, Linkedin and other social networking sites. What does this have to do with someone who has been in an automobile, motorcycle, bicycle, truck or pedestrian accident in Kentucky? Well if you are not careful with what you post on your site it may have a devastating affect on your accident claim. It used to be that these sites were limited to the young. Not anymore. Employers are checking Facebook and Myspace prior to hiring someone. Jurors have used Twitter to comment on trials which has resulted in mistrials.

Guess what? Insurance adjusters are looking at your information on these sites to find any information they can to deny your claim out right or to limit its’ value. They are involved in internet surveillance. For instance, if you make a post about playing basketball the day after an accident this could be used to disprove the severity of your injury. Photos you upload can be damaging as well. A little bit of information can be taken and distorted by the insurance company if you are not careful.

The point is to be careful. If you have been in an accident use some common sense so what you believe to be an innocent post does not come back to hurt you in your accident case. Be aware of what you are doing. A good friend of mine said; “Don’t say or do anything that you would not be comfortable with seeing in the paper tomorrow”. The same can be said with the social networking sites. Don’t end up like Michael Phelps. It may cost you a good result in your Kentucky accident case.

I met with a client earlier this week to get an update on her recovery. She had suffered a mild traumatic brain injury. At least that is what it is classified as. Anyone who has been around someone that has any sort of “mild” classification knows that the effect that the injury has on life style, work and daily activities is anything but mild. The injury can cause a dramatic change in lifestyle and personality that affects the injured accident victim as well as her family and friends. These cases are sad to say the least.

What got me angry was the fact that this accident did not need to happen. The driver was texting at the time. Their attention was on their phone and not on the road. The result of this irresponsible behavior was an accident that caused an injury that will have to be suffered through and dealt with for a lifetime. What could have been so important? I am anxious to taker the deposition to find out. I thought using a cell phone without an ear piece was distracting, but text messaging? I hope that Kentucky enacts a law banning cell phones with out a hand free device and bans texting in the car during the next legislative session.

I recently read an article that has an interesting solution. A deliveryman for UPS had become so frustrated with drivers talking on the phone that he is developing what he hopes to be a solution that will save lives.  He, unlike me, is putting action to his frustration. Fred Wenz and John Fischer have developed a security device that can block the incoming and outgoing radio signal to and from cell phones. This can be effective for up to a 5-foot radius around the drivers’ seat. The criminal courts have used a similar device to prevent those convicted of multiple drunken driving offenses from driving while intoxicated.

 
Wenz and Fischer have applied for a provisional patent on the device.  The device is called an “Owner Compliance Key”. I hope they can get this device on the market as soon as possible.  As a parent, I believe this would be a great tool to make sure my daughters are not tempted to use their cell phones while driving.  Don’t text and drive! Texting and talking on the cell phone are distracting. The results can be devastating. You may cause a car accident and live with the consequences for the rest of your life.

I have become frustrated. Most people who are injured in automobile accidents don’t immediately think to call a lawyer. They are hurt, in pain and want to get better. They are focused on getting treated for their injuries. So they go to their doctor to find out what is wrong with them. They want to get treatment so that they will feel better.  Many times after a month or two they are still in pain. During this time they have spoken to their insurance adjuster on a regular basis. All the time thinking that they are getting advice that is for their benefit. Advice that they believe that is intended to help them. Then the hammer falls. The payments of medical bills are cut off, a low offer is made to pay for the totaled car and no offer is made to settle the pain and suffering claim.

            This is when the thought that “I need a lawyer” comes into the picture. The insurance adjuster has shown their true colors and it is obvious that they are not looking out for the injured person’s best interest. Many, many times the damage to their accident case has been done by this point in time. This is damage that will decrease the value of their case, or even worse make it impossible to prove their case and collect the fair settlement that they are entitled to. Little cracks in the case can turn into huge potholes that cannot be repaired. No matter how much attention is given to repairing them.

            I have had many people come into my office months after the date of the accident, sometimes even years. They had assumed that the insurance company would steer them in the right direction. Tragically this is often not the case.

            I am writing this The Kentucky Accident Attorney Blog so that the consumer, the accident victim, can have a chance. That they can be placed on an even playing field with the insurance industry. This is a David v. Goliath challenge. Especially considering the huge amount of money the insurance industry has at its disposal. Knowledge is power and my hope is that this blog will help arm you with the information necessary to avoid the Potholes that can destroy your Kentucky accident case. My hope is that you will put this knowledge to work for you.