There is nothing worse then being injured in a Kentucky car accident. You are in pain. You look for a lawyer to guide you and help you deal with the insurance company. You want to get a fair settlement and the best legal advice. Your lawyer sends you to a doctor for treatment. They even arrange for you to fly to another state for surgery. You settle your case and get your settlement money, after your attorney and doctors are paid. This is the way it suppose to go, isn’t it? I would say yes unless you are Sharon Langford.         

We have all seen the billboards and the television commercials about the “aggressive attorneys” formally “Winters, Yonkers and Rousselle” now “Winters and Yonkers”.  Whether you are a fan of this type of legal advertising or not, you have to admit that it works because everyone in Louisville, Kentucky knows the name of this Florida based law firm.  The firm has recently been sued in Jefferson Circuit Court by a former client, Sharon Langford.

            Ms. Langford was injured in a car accident in June of 2008.  She alleges that she was not told that her personal health insurance would potentially pay for her medical bills after her PIP benefits were exhausted. PIP benefits are also known as No-Fault Benefits or Personal Injury Protection. She was referred to a medical care clinic called First Physicians Rehabilitation Inc. by the law firm according to the lawsuit. She was told they would take care of injuries suffered in a car accident.  It is reported that the medical facility did not accept health insurance only PIP car insurance. 

Later when Langford needed surgery the firm flew her to another clinic in Florida.  In the lawsuit Langford states that she discovered later that both clinics were owned by Gary Kompothecras, a chiropractor, who also owns the Hepley advertisement referral service 1?800?ASK?GARY.  Langford also alleges in her lawsuit that the relationship between the law firm and the clinic cost her money.  Her attorney, Sam Carl, states that medical bills paid after PIP totaled over $64,000.00.  Health insurance would have paid a portion of this leaving additional money to Langford after settlement of the lawsuit. You can read the courier journal article that I linked above with further details. 

The question that comes to mind is whether or not the referrals to and between the medical clinic and the law office should be disclosed to clients.  It is alleged that this is a requirement.  I would argue that a client should be referred to the best doctor available and not a doctor that is only referring business to the law firm.  I often refer clients to doctors. Those clients would otherwise have no idea where to go.  I give them the name of several doctors based on their needs.  Many family doctors do not want to handle lawsuits or auto accident suits nor do they understand how to bill car insurance for payment for their medical services. 

The question always comes down to what is best for the client.  Any relationship between a doctor and a lawyer should be disclosed to the client. I will watch with interest Sam Carl’s case to see what direction it does go.  It’s safe to say it should be educational for Kentucky auto accident victims and give them the knowledge they need to ask questions of their attorneys as to the relationship between the attorney and the doctor.

Last weekend I was helping the Bon Air Neighborhood Association plant trees along the Bardstown Road Corridor between the Showcase Cinema and Hikes Lane. The purpose of this project is to raise awareness of the perils of pedestrians and bicyclists as they travel Bardstown Road.  The tree planting was in memory of a friend of the Bon Air Neighborhood Association, Jen Futrell. Jen was riding her bicycle home from work last year when she was struck by a van and killed.

While I was digging holes and planting trees there was two automobile accidents that occurred within fifty yards of me.  The first accident was a rear-end collision.  A car did not stop and plowed into the back end of another car.  The front hood was crushed and the bumper was torn off the car that was hit.  It was a hard impact.  Other than looking over and watching the cars and the police arrive, I did not pay much attention to this accident.  Everything seemed to run its course.

After at-fault car in the first accident left the scene, he pulled to the left to make a left-hand turn. He was apparently reading something while driving (which goes to a completely different point) and rear-ended another car.  Yes you heard me right, the same car that was in the first accident had just been involved in a second accident within minutes of the police leaving the accident scene.  The damage to the car in the second accident was minimal.  The impact pushed the bumper in. It then popped back out. Only a slight crack that was visible.

What grabbed my attention in this accident is that the driver of the impact vehicle got out of his car and was very animated.  The woman from the car that had been hit also got out of her car. I heard the voices get louder and louder. He was begging her not to call the police, not to call the insurance company, as there was no damage to the car.  There was a young boy in the back seat so I decided to go over to make sure everybody was okay.  I immediately noticed that the woman was visibly upset. She wanted to call the police but was afraid to. She was being intimidated by the animations of the first man. I could tell that she was scared and didn’t know what to do.

This got me thinking that many, many people do not know what to do if they are in a Kentucky automobile accident.  I advised the woman to get back into her car so that she could sit with her son, calm him down and to call the police.  The driver of the car that hit her became angry with me for getting involved. This was an obvious clue he was up to no good.  I asked him to provide his insurance card so that they could exchange information. It was at that time I noticed that he had a no insurance citation, which was obviously from the first accident.  He did not have insurance and although this was a minor accident, I  know from my experience that minor accidents have the possibility of leading to serious injuries. The woman’s boyfriend showed up and I left because I felt things were under control.

Now for the reason I am telling you this story. When you are involved in an accident there are several things that you need to remember. Failure to take these steps may make it difficult to proceed with a claim at a later time.

• Stop! The law requires anyone to stop that has been involved in an accident.  If you do not stop, you could be charged with leaving the scene of the accident, which is a criminal charge.  If possible and the accident is minor always pull over to the road get out of traffic so that you are safe.

• You should always assist anybody that is injured and call 911.  Do not move anybody that is seriously injured.

• Everyone should always report the accident.  Call the police department.  This is something that this woman almost did not do.  If she woke up the next morning with neck or back pain, it would be much more difficult to file a claim and get a satisfactory settlement.

• You should always exchange information.  You want to make sure that the other driver has insurance.  Get his driver’s license number, his address, the vehicle license plate number, make, model, year and VIN number of the car.  Do not count on the other person to give this to you as they may not give you the correct information.

• No matter how minor the accident you should see a doctor and get checked out to make sure that there are no hidden injuries.  Many times, you are so upset from the accident your adrenaline is flowing that you do not know you are hurt.  Get checked out just to make sure.  Your PIP insurance will pay for this.

• Watch what you say.  Always tell the truth but do not be too quick to assume what happened.  Just tell the facts to the police.

• If you don’t know what your options are talk to a lawyer so that he/she can advise you.

I hope these tips help.  If you need any additional information I provide a free down loadable pamphlet on what to do if you are in an automobile accident.  Alternatively, you may email me at mike@mikeschaferlaw.com and I will mail you a copy of the pamphlet. I hope you are never in a car accident and have to use this information, but if you are you will now know what to do.

We have all seen the Television commercials where attorneys are offering quick settlements and checks to anyone that has been in an auto accident in the sate of Kentucky, or anywhere for that matter. There are attorneys morphing into tigers, swinging bats and talking to dogs. They are funny and give us a laugh until we realize this is all the information we have to make a decision on hiring an attorney if we have been injured in a car wreck. Lawyer advertising is uninformative and in my opinion a disgrace.

What does this tell you about the attorney and what they do to help accident victims? Not a thing, except we will get you the money you deserve. This is important but it isn’t the whole story. It doesn’t tell you what an attorney can do for you if you have been unfortunate enough to be a victim of an accident case.

When you have been in a car accident you have many questions and problems that you need help with. A personal injury attorney will help you solve these problems with very little involvement on the part of the accident victim so they can concentrate on going to the doctor and getting better.

A personal injury attorney will not only get you the recovery you deserve, but will:

• Educate you about the claims process
• Help you get your loss wages paid
• Help you get your medical bills paid
• Manage all the paper work that is accumulated
• Open the insurance claim and provide relevant information to the at-fault insurance company
• Speak with the insurance adjusters so the accident victim does not have to
• Prepare you when you do have to talk to the insurance adjuster
• Help you get your car fixed or settle for a fair amount if your car is totaled
• Take witness statements
• Sends notification to health insurance and settle those subrogation liens when appropriate
• Gather and review all medical records
• Gather and review all employment records
• Send a settlement demand tot eh insurance company and negotiate an settlement when [possible
• Confirm unpaid medical bills and negotiate a reduced payment
• Take your case to trial
• and be there to counsel you on many aspects of your accident case

Attorneys do a whole lot more than what Television advertisements lead you to believe. There is a whole other side to the practice of law that you can’t get from a commercial. Attorneys are there to protect your rights against the insurance company. They are there to make sure you are not taken advantage of. Lawyers counsel you during a very difficult and often tragic time in one’s life. It’s a lot more than a quick check. If you are in an accident and are injured your attorney is someone who will counsel, guide and fight for you.

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.