When you hear the words “personal injury,” what comes to mind?  For some people, personal injury law appears to be a murky area of dubious ethical conduct.  Some people believe that personal injury attorneys enable people to take advantage of an accident and make money from a misfortune.  Unfortunately, this is a very prevalent view of what personal injury attorneys do, although it is very inaccurate in most cases.

In fact, personal injury lawyers are one way that the legal system stays balanced and fair for all people.  If insurance companies and at-fault persons were not held accountable, people would soon be able to disregard the law and safety measures with impunity.  Employers would not be worried about employee safety, drivers would not care if they caused injuries, and stores and businesses would not impose safety measures to keep customers from harm.  Unfortunately, human nature shows us that unless people are held accountable, they will not take extra efforts to ensure that someone else does not suffer.

Personal injury attorneys perform the function of balancing the needs of the public with the rights of the individual.  When a person is injured, he or she has the right to compensation, and personal injury attorneys in Santa Ana help these victims to recover those damages.

Why, then, do some people have such a negative view of personal injury law?  This often springs from a few well-publicized cases that are in no way representative of the bulk of personal injury settlements.  In a few cases, circumstances have conspired to allow a plaintiff to recover an enormous sum of money from what appeared to be a relatively minor accident.  Each time this happens, the media saturates the public with stories about the settlement, leading people to believe that there are many more of these types of cases than really exist.

In fact, Santa Ana personal injury lawyers primarily work with “small” personal injury cases.  While no case is small to a person who has been injured, few personal injury cases settle for millions of dollars unless the injuries are very severe or wrongful death has occurred.  For a “simple” personal injury case, the personal injury attorney will be happy if the case settles for a fair amount, including payments for medical damages, pain and suffering, and perhaps some personal expenses incurred as a result of the accident.

Before you dismiss the idea of filing a personal injury case, consult with an expert personal injury attorney and discover the facts about what your case is actually worth.

• To confirm or disprove the severity of your injury.
• To confirm or disprove your ability to perform activities and sports.
• To confirm or disprove your ability to work.
• To confirm or disprove whether you interact normally with friends and family.

• Don’t post anything you wouldn’t feel comfortable having the insurance adjuster read (or maybe I should say your mother).

• Check your privacy settings and block anyone you do not know from viewing your personal pages. Public is never the best setting in my humble opinion.
• Search your name on all sites that you are a member of and on Google to see what comes up.  See what photos you have been tagged in and take the appropriate action to remove photos you are not comfortable with.
• Do not accept any friend requests or answer any e-mails from people you don’t know. They may be working for the other side.

An injured Kentucky car accident victim will be contacted by both their insurance company and the at-fault insurance company within days of the accident.  The insurance company for the at-fault party is going to call almost immediately after an accident.

Their purpose is to try to get your statement.  The insurance adjuster will ask you questions that seem insignificant at the time.  They are trying to get information they can use against you.  The purpose of the call is to find out what happened in the case and find out what the value of the case is.  They also want to know whether or not their insured is going to be found liable, that is if the accident was their fault and they will have to pay for pain and suffering.

Another purpose of the call is to see if they can lower the value of your personal injury claim based on your conduct and history.  They want to eliminate or reduce what’s going to be paid on the case.

It’s a good idea to wait until you’ve spoken to an attorney before you talk to the insurance company and give a statement.  You should see if it is in your best interests to give a statement, and if it is, to get prepared to give that statement.  I personally meet with a client for at least an hour to prepare them to give a statement to the insurance company.  A statement is something the insurance company adjuster does almost every day.  For most people, the only time they’re ever going to give a statement is that one phone call when they’ve been in an accident.  It’s best to wait until you’re feeling better, your adrenalin’s not pumping, and you’re not on medication, so you can think clearly when you are responding to the questions asked.  This will increase the chances of a successful outcome to your personal injury case.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”.

They think that if I don’t go to work, they will automatically be paid for the time
they missed.  That if they just go to a doctor, they are going to get a good settlement just for being in a car accident.  This is not always the case.  If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other
side.  There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury.  To have weekly care.  To have arthritis.  To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going
to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that.  Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth.  There are various names for these programs, Colossus, Teach and Smart.  There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range.  If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I
simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim.  They would look at the case and decide this is what it’s worth, this is what this person truly deserves.  Today most insurance companies have turned the claims department into a profit center.  They are trying to make money or lower the amount that they pay out per claim.  The
less they pay out the more of the premium they collect they get to keep which
means less money for you.

Some car accident victims that come into my office think “I’ve been in an accident and I am entitled to X amount of money”. They think that if I don’t go to work, they will automatically be paid for the time they missed. That if they just go to a doctor, they are going to get a good settlement just for being in a car accident. This is not always the case. If you have been in a car accident and you are truly hurt in the accident, I can put a million dollars on the table and I could put your health as it was prior to this accident on the other side. There is not enough money for you to be paid that’s going to make it worth while going through life with a back injury. To have weekly care. To have arthritis. To be in pain every day for the rest of your life.

When an accident victim is seriously injured their injuries and problems are going to affect them for the rest of their life. The court system is not a get rich quick scheme or anything like that. Those who are truly injured will be compensated for those injuries, but it is no windfall.

Another factor in this is that all insurance companies now use computer programs to determine what a claim is worth. There are various names for these programs, Colossus, Teach and Smart. There’s over 10,000 items (or value drivers) that can be entered into these programs.

These numbers then give the adjuster a settlement range. If you don’t know how to manipulate that program a little bit, that number is going to be lower.

Because of this The Insurance Company will not give you a reasonable offer if I simply call them or write them a letter. 20 years ago insurance adjusters had a lot more freedom in settling a personal injury claim. They would look at the case and decide this is what it’s worth, this is what this person truly deserves. Today most insurance companies have turned the claims department into a profit center. They are trying to make money or lower the amount that they pay out per claim. The less they pay out the more of the premium they collect they get to keep which means less money for you.

For a personal injury case almost all attorney fees are a contingency fee, which
means the attorney is paid a percentage of what is collected at the end of the
case.  This is so that the injured victim, who is usually off work, doesn’t have to pay a flat fee or an hourly fee right up front out of pocket.  Most attorneys charge one third or 33 1/3 percent of the amount that is collected for the injured person at the end of the case.

There are some attorneys that may charge a little bit less.  There are other attorneys that will charge 40 percent for a more complicated case. Medical malpractice cases are usually charged 40 percent because the cost in reference to that case, to get it ready for trial is much, much greater.  There are other triggers, such as going to trial and appeals, where some attorneys will raise the fee.  It might start out at 25 percent but if you have to go to trial, file a suit it then goes to a third.  If you have to go to trial it goes to 40 percent.  It is important to take a good
look at your contract and see what is in it before you sign the contract with the attorney.  Every attorney’s contract is a little bit different.  If you want
to see an example of one you can go to my website, www.mikeschaferlaw.com and search contingency fee contract in the search box and it will pop up the contract that I use.

The Strengthening Medicare and Repaying Taxpayers Act (SMART Act) was introduced on March 14^th, 2011 in the 112^th Congress by Representative Tim Murphy (R-PA) and Representative Ron Kind (D-WI) with support from both the American Justice Association (AJA), which I am a member of, and a diverse coalition of businesses called the Medicare Advocacy Recovery Coalition (MARC).  The SMART Act will significantly improve the efficiency of the current Medicare Secondary Payer (MSP) system and speed repayment of amounts owed from Medicare beneficiary claims directly to the Medicare Trust Fund.  This means that accident victims will be able to receive their settlement checks more quickly.

The Medicare Secondary Payer (MSP) was created in 1965 to provide health care for America’s seniors.  It is the principal form of health care coverage for everyone over 65 and for millions of disabled Americans.  Medicare is the primary payer-that is, it pays health claims first, and if a beneficiary has other insurance, that insurance may fill in all or some of the Medicare’s gaps.  The MSP system saves taxpayers billions of dollars.  However, its existing rules are inefficient; unnecessarily delay personal injury settlements and waste government, beneficiary, and stakeholder resources.  This is why SMART Act was being promoted by MARC and AAJ.

Roy Franco, the Co-Chair of MARC and representing the MSP efforts for Safeway said, “The SMART Act will help to streamline our government in tight fiscal times by creating a MSP system that works effectively for all stakeholders.”  If the SMART Act is enacted, it will create a more efficient and effective system for all beneficiaries by:

• Implementing safeguards for Beneficiaries’ Personal Information
• Speeding up the Distribution Settlement Funds
• Help to Avoid Unnecessary Litigation
• Protect the Beneficiaries’ Access to Justice and our Court System

With the help of this bill, Medicare beneficiaries will be able to settle claims and the Medicare Trust Fund will be repaid quicker.  Companies will be able to resolve disputes faster and more efficiently.

As a personal injury attorney I have had to deal with the nightmare we call Medicare for years.  It has progressively become harder to deal with and frustrating for those who have been seriously injured in car accidents.  I am optimistic that the SMART Act will live up to its name.

A shocking report was released September 27, 2011 from the U.S. Centers for Disease Control and Prevention (CDC) showing of approximately 1.7 million people suffer a traumatic brain injury each year, many because of auto accidents.

Traumatic Brain Injury (TBI) is sudden, non-congenital physical damage to the brain from an external force that temporarily or permanently disrupts normal brain function.  Some form of traumatic impact such as a blow to the head, violent shaking or penetration of the brain tissue from impact falls, vehicle accidents and violence is usually the cause.  Half of all traumatic brain injuries are the result of a motor vehicle accident.  Any damage to the brain can impair physical and psychological activity.  In more serious cases of TBI, the complications can be fatal.  Injuries can range from mild, to severe but the long-term effects are often devastating and life-altering.  About 75 percent of TBIs are classified as mild, but many who suffer severe TBI require an extensive hospitalization.  The Centers for Disease Control (CDC) has even reported deaths due to TBI.

TBI is sometimes referred to as the “silent epidemic”, because it can manifest itself without outward signs of damage.  Jonathan Lifshitz, an assistant professor at the University of Kentucky Chandler Medical Center’s Spinal Cord and Brain Injury Research Center, stated that many people with TBI are “walking wounded” and suffer from injuries that are serious but not easily observable.  Consequently emergency care and surgery is frequently necessary, followed by medication, therapy and cognitive rehabilitative training when TBI occurs.  TBI can cause permanent changes in mental processing, including slowed thinking, dulled attention, memory problems and impaired judgment and change the victims life wholly.

You or your loved one can make a claim if you suffer TBI or serious injuries which are caused by someone else.  You should contact a personal injury attorney immediately after the incident in order to help and give you advice for any potential legal claims and any significant things for you to know.  Many times a Traumatic Brain Injury is left undiagnosed.  This can be due to coping by the injured or embarrassment.

Do not let traumatic brain injuries go without treatment. I had a conversation with only yesterday where a family member saw noticeable differences in the behavior of a niece after an auto accident. She was from behavioral changes and memory loss which caused her to lose her job. The TBI injury was never diagnosed and no personal injury claim was made. Often someone suffering from TBI does not know what is best for them. Make sure that they get the treatment they need so they can be compensated for this devastating injury.

I love to ride my bicycle. The feeling of flying down down a hill at 40 miles per hour is an incredible feeling. It is a thrill I love. There are others for whom the mere idea conjures danger. They believe it is too difficult. Like my wife, they are scared of the cars on the road.

Those of us that are addicted to bicycling ride for recreation, exercise or health reasons. Others bicycle for personal errands, to visit a friend and to get to work. Many considers cycling safer than traveling in an automobile. I look at the benefits not the dangers. I am not worried about being injured in a bicycle accident.

I follow traffic rules. By being aware I feel I can recognize and avoid collisions between bikes and motor vehicles. Being aware of your surroundings will help avoid serious injuries and being involved in a bicycle accident.

If you ride a bike for recreation or your primary means of transportation you need to follow the road rules and always wear your helmet. Check out this statistic. In 2008, 91% of bicyclists that were killed in bicycle accidents were not wearing a helmet. I always thought they did nothing more then make you feel safer. I was wrong. Wearing a bicycle helmet can be life saver. It reduces the risk of head injury by 85%, brain injury by 88% and severe brain injury by more than 75%.

I ran across a very cool infographic by my friend, Utah attorney Kenny Christensen which shows us the most common injuries that one could get if they are in a bicycle accident and how they affect the cyclists.

The majority of cycling deaths happen to the minority who are not following simple safety procedures such as stopping for traffic lights and stop signs, using lights at night and riding with the traffic. The number of injuries can truly be reduced if all cyclists obey the traffic rules and uses care at all times.

I see this all the time in my Kentucky personal injury practice. A cyclist is injured and they want to be compensated for those injuries. When I ask how the bicycle accident happen I often find that the rules were not being followed.

- A bicycle helmet was not being worn
- The bicycle was being road on the sidewalk
- the bicycle was going the wrong way on the road
- reflectors were not being use

The bottom line is if you use some common sense you will not become a bicycle accident statistic.

Every one is tweeting on Twitter and posting on Facebook.  We are walking down the street with our smart phones checking out our friends. Social media is everywhere. Employers have been looking at these sites for years to determine whether or not to hire somebody.  What happens if someone injured in a Kentucky car wreck posts on Facebook? Who can look at it? Is it just who you want to look at your posts?  

Defense attorneys and insurance adjusters have been looking at social media sites to get information on YOU in an attempt to deny or limit your recovery in your personal injury claim. This is whether it is from an auto accident, bicycle accident or dog bite. 

It is only a matter of time before Kentucky courts start to hear cases on social networking sites. Courts in other states have already made rulings on social media issues.  Here is the question. Are Kentucky Courts going to force an accident victim to give access to their social networking sites to the attorney who represents the person that hit you?  The answer is not clear at this point in time.

Here are some points that Courts in other states have looked at. One question involves privacy settings.  Just because you make something private is it really private to the Courts? Will checking the private box be a barrier to the defense seeing what you posted?  By making settings on my account private I do not intend for everyone to see what I have posted or what is on my profile.  Colorado Courts have allowed Wal Mart to subpoena information from Facebook, MySpace and Meetup because they felt the information sought was relevant and reasonably calculated to lead to the discovery of admissible information. This is legalize for we don’t know if it has anything to do with the case but it might.

Courts have allowed defendants to view social media postings in a variety of situations. In a case where a child had an eating disorder the court said that information posted on a social networking site may show that the disorder came from something other than what is alleged in the lawsuit.  So the plaintiff had to turn over access to the site to the at-fault party and their insurance company.

In Connecticut the Court allowed a defendant to view Facebook accounts stating that it was a snapshot of the plaintiff’s state of mind at the time they were harmed.  New Jersey has a similar ruling. This is disturbing to personal injury attorneys and Kentucky automobile accident victims. If this standard is adopted in Kentucky just about any fact situation in any accident would lead to the court allowing the at-fault party’s attorney and insurance company to look at your Facebook page. 
           

Courts in jurisdictions, including California, have concluded that by posting online you have acknowledged that the information you are giving is not intended to be private no matter what the privacy settings are in place on your account.  If you post it on the internet and you are involved in a lawsuit they are going to let the other side see it.

This means that accident victims must be very careful about what is posted. A recent California case found that private Facebook and MySpace communications between individuals could not be subpoenaed.  So maybe your wall postings are safe, maybe not.

 To date there has been no cases heard in the Kentucky Courts.  We do not know what will happen in Kentucky. Caution is in order. Be CAREFUL! Here are a few tips: 

• Look at your privacy settings and set them to block anyone other than people you know from viewing your site.
• Do not post anything that discusses your lawsuit or accident case.
• Do not discuss your injuries in your postings.
• Do not post photographs of you attempting or doing any physical activity that you are now unable to do as a result of your injuries from the accident.
• Make sure your friends don’t post any of the above.
• Do not accept friend invitations from anyone you don’t know. They could be working for the other side!
• Take a look at your friend list. Remove anybody that you don’t know.   

Just be smart so that information posted on social media sites can’t be twisted and used to make you look untruthful or not injured. Taking these simple steps will help prevent unwanted information getting to the other side and maximizing the value of your Kentucky accident case.

            There is a call that no parent ever wants to receive.  Unfortunately, I did receive that call a couple weeks ago. 

I was in a deposition with a client on their Kentucky car accident case when my cell phone vibrated.  I recognized the number. It was my 16?year-old daughter who had just got her Kentucky driver’s license a month and a half before.  I let the call go to voice mail, but she immediately called me back.  This is our signal that it is an emergency and she HAS to speak with me immediately.  

I asked to take a break from the deposition so I could return my daughter’s call.  On the other side of the line I heard in half understandable words, “Dad I’ve just been in a wreck.”  I said, “Calm down.  Are you all right?”  She responded “The car, the car, the car.” I told her “I don’t care about the car.  Are you all right?” 

As I deciphered my daughter’s words in between the sobs I discovered that her neck was hurting from the automobile accident. She was driving to study for finals with three of her friends. She stopped at a light. Friend #1 stopped behind her. Friend #2 stopped behind Friend #1.  At that point in time Friend #2 was rear-ended by a blue minivan.  This set off a chain reaction that ended up with my daughter getting hit in the rear; the car in the middle was sandwiched and got the worst impact in this car accident. 

Then here’s what happened that made it all the worse.  The van took off.  It was a hit-and-run accident.  None of the girls thought quick enough to even try to get the license plate or a good description.  After all they are 16 and new to driving. The police responded to the scene and did an investigation but there was little they could do with no information. 

Luckily my daughter was okay and her friends appear to have no medical issues after a few weeks of treatment. You have to be extremely careful what you write about your Kentucky personal injury case, whether it is in a blog or on Facebook. That allows me to talk about it at this time and make my point. You should always be alert and try to keep your head after an accident.  Document as much as you can at the automobile accident scene. Take pictures of everything at the scene, including cars and skid marks. Give all information that you can to the police. 

Uninsured drivers are everywhere. If my daughter would have been seriously injured, we have Uninsured Motorist Coverage which would have paid for any pain and suffering.  Thankfully we also had PIP insurance which will pay for any and all medical bills. In fact was have Added Reparations Benefits which will pay medical bills up to $50,000.00. 

I hope none of you ever receive this call but if you do, the most important thing is to make sure that your child stays calm in this traumatic situation.  If anyone reading this would like a copy of the free brochure I offer, “What to do if You’re in an Automobile Accident”, please go to my website. You can download a copy there or if you send me an email I will be more than happy to mail you a copy free of charge.