How Do I Settle A Claim With An Insurance Company Amicably?

This is another question I recently received.

A person was injured in a car wreck, they submitted a demand letter, and tried to negotiate, but the insurance company was stonewalling them.  What are they supposed to do?

There isn’t a good answer for someone in this situation.  Insurance companies may engage in stonewalling tactics that are designed to get you to accept less than the full value of your claim.

When you hire us, and this happens, our response is to file suit.  That’s the alternative and the hammer you can use to get a new adjuster, get a new perspective to the insurance company from a lawyer and to prove that you can enforce the claim.

But if you’re trying to represent yourself, you don’t have that option.  As a result, the insurance company, knowing that you don’t have a real alternative, doesn’t have an incentive to pay the full value of your claim.

This type of conduct is one of the reasons that insurance company studies find that claimants who are represented by lawyers do substantially better overall than those who try to represent themselves.

I am sorry to be the bearer of bad news to people in this situation.

Will Austin Ban Use of Cell Phones While Driving?

A lot of momentum seems to be developing for the idea that Austin will ban drivers from using hand-held devices while driving.  In February, the Austin City Council appointed a Distracted Driving Study Group to look at the problem of distracted driving.  On Monday, the study group released a memo recommending that the city council outlaw the use of handheld devices while driving.  There seem to be two main reasons for this.  One, using a hand held cell phone while driving can be distracting and dangerous.  Two, making it illegal to use hand held devices would make it easier to enforce the ban on texting whiile driving (now it’s difficult to tell is someone is texting or dialing a phone number).

I’ll keep you posted on the story as details emerge.  In the meantime, KXAN has done a nice story on the issue.  You can watch it below.

 

I Waited Two Months To Go To The Doctor. Do I Still Have A Case?

I received this question the other day, and I thought others might be interested in the answer as well.

The short answer is “yes.”  Just because you didn’t immediately go to the doctor does not mean that you were not hurt and that you don’t have a case.

But those types of delay do make presenting your personal injury claim much more difficult.  Insurance companies are looking for any small excuse they can find to not pay your claim.  And a “gap in treatment” (as described in the question) is one of the key factors they rely on to defeat claims.

That’s not to say that I agree with insurance companies or that a gap kills your case.  I know a number of people who just don’t like to go to the doctor.  They’ll suffer an injury and try to wait on the problem to resolve to see if they can avoid going to the doctor.  Others simply can’t go to the doctor as soon as they would like.  Perhaps they can’t afford a doctor’s visit, don’t have time to go to the doctor, etc.

So while this type of gap doesn’t mean you no longer have a claim, it can make your claim much more difficult.

Head Injuries: New Settlement In NFL Concussion Lawsuit

helmet smallYou may recall that the previous settlement agreement between the National Football League and a class of former players was scrapped by the judge, who was concerned that there wouldn’t be enough funds to fully compensate the injured players who sustained head injuries.

Yesterday, the parties entered into a new settlement agreement.  Unlike the last settlement, this settlement isn’t capped at any specific amount.  This ensures that any former player who develops a qualifying neurocognitive condition will be compensated for the injury.

This is an interesting way forward.  Obviously, we represent a number of clients who have sustained head injuries, so I know the ways that these types of injuries can affect someone.  But I’ve also done some work on class actions, and it’s highly unusual to craft a settlement that doesn’t have a cap on the damages.  It will be interesting to see how the case proceeds and whether the ultimate amount paid out will surpass the $765 million that was being set aside in the prior agreement.

Auto Insurance Isn’t All The Same

There’s an insurance company currently running television ads here in Austin (and I assume elsewhere) encouraging you to use them because “all insurance is the same” so use them and avoid the middle man.

That’s basically fraud.  All auto insurance isn’t the same.  There are different coverages to buy, different deductibles to consider, and a whole host of other traps that a consumer probably doesn’t even know exist.  And without an agent to help consumers navigate these issues, too many consumers unwittingly end up with low-coverage insurance that comes back to bite them.  That’s a problem.

To help address the problem, I’ve written a new booklet, Understanding Texas Auto Insurance: Top 9 Mistakes When Buying Your Auto Insurance.  You can order a free, hard copy by requesting a book through the “Speak to an Attorney” box.  Alternatively, you can download an electronic version starting on this page.

But please take advantage of this opportunity for free information to help protect you.

Brain Injuries: Invisible Injury

CBS Boston ran a story about one of the Boston Marathon survivors.  Titled “Marathon Bombing Survivor Struggles With ‘Invisible Injury’,” it describes what many of our brain injured clients have to deal with.  If you or a loved one has suffered from a concussion or other brain injury, it’s worth a watch:

 

National Safe Boating Week: Wear Your Life Jacket

http://www.iclipart.com/dodl.php?linklokauth=LzAzMS9iYXRjaF80Mi9MaWZlX0phY2tldF9SZXF1aXJlZF8yLmpwZywxNDAwMjY0OTgzLDI0LjczLjI0NC4yMTgsMCwwLExMXzAsLGE5MTc1NWM4YjYxNWQ5ZjYzZjAxOTFkNTdmNWVjYzc5/Life_Jacket_Required_2.jpgI’m going to talk about statistics later in the week, but I wanted to start with the most important safety advice for boating: WEAR YOUR LIFE JACKET.

U.S. Coast Guard statistics show that drowning was the reported cause of death in almost three-fourths of recreational boating fatalities in 2012 and that 85 percent of those who drowned were not wearing life jackets.

I know when I was a kid and my dad lived on Lake Austin, I couldn’t wait to turn 14 so I wouldn’t have to wear a life jacket.  Frankly, I was an idiot.  Too many things can easily go wrong if you’re not wearing your life jacket.  In most emergencies, you won’t have time to get life jackets out of storage and pass out to all your guests.  Or heaven forbid you hit your head on something and get knocked unconscious.  Wearing a life jacket in advance is the only way to protect you in those circumstances.

Don’t let your vanity cost you your life.

National Safe Boating Week Is Here

ski boatThis year, May 17-23 is National Safe Boating Week.  Having represented those involved in boating and water based accidents, I know the importance of these safety measures.

Over the course of the week, I’ll have a few posts detailing the dangers and safety measures related to safe boating.  For today, I’ll give you the big overview of what you should do to make your trips out on our waterways just a little safer.

1. Avoid drinking and driving. This should go without saying, but a significant percentage of boating accidents involve alcohol.  Even worse, being on the water magnifies the effects of alcohol.  I’ve heard that one drink on the water is equal to four drinks on land.  I’m not sure that’s completely accurate, but it’s probably close.

2. Use your lights. Austin Lake Police have indicated that one of the biggest risks of danger is night time collisions.

3. Wear your life vest. The law requires you to have one life jacket on the boat for each person.  But if something goes wrong, you might not have the opportunity to grab a life jacket from storage.  Be safe and wear it instead.

4. Look out for others. As the lake crowds increase, make sure you are cognizant of other skiiers, tubers and wakeboarders. And always remember that as you follow, they could fall in an instant. On the other hand, when you voluntarily stop to get in and out of the water, make sure that you are doing so in as safe a place as possible.

First Summer Drowning Of The Year?

I’m in the process of getting organized to help teach a bunch of Boy Scouts about water safety for their swimming merit badge class.  And it appears that the lessons are as important as ever.

It’s not even mid-May yet, and Austin has apparently had its first summer drowning.  Earlier this week a 28 year old paddle boarder jumped off his board (presumably to cool off) and never resurfaced.

These types of things are scary, and the early event might prompt me to write a post or series on water safety later in the week or month.  But the most important thing to remember now is to always wear a US Coast Guard approved life jacket.  We all think we’re good enough swimmers to survive a fall from a paddleboard, canoe, or boat.  But we never know what’s lurking in the water or what other types of dangers might be there.

 

Great News! Number of High School Athletes With Concussions Doubles

Concussions are on the rise.  New research published in the Journal of Sports Medicine finds that the number of high school athletes who have suffered a concussion has doubled between 2005 to 2012.

This is great news!

Why?

Researchers think the reality is that the number of concussions is the same, but we’re becoming much more aware about the diagnoses.  That is good news.

We’re learning more and more about the potential short and long-term consequences of concussions.  For example, we know more now about second-impact syndrome — if a person has a second head impact (even one not very severe) while the brain still suffers from a head injury, it can lead to severe disability or death.

We’re also learning that for the brain to heal, it needs to rest.  As weird as it sounds, that means no electronics, no television, and limited thinking.  A kid can’t follow these instructions if the concussion isn’t diagnosed.

Unfortunately, I know first hand how important this is.  My son suffered a baseball related concussion in February.  While he’s fine now, it was difficult to see him suffer from the consequences — the headaches, the inability to focus, etc.  Fortunately, we had it diagnosed right away, we got instruction on how to rest his brain, and he healed (after five or so weeks).

Increased awareness can help increased the likelihood of a successful outcome for others as well.

 

If you or a loved one has suffered a concussion in a wreck or accident, please call us at 512-476-4944 to see if we can help.

Perlmutter & Schuelke, LLP maintains offices in Austin, Texas. However, our attorneys and lawyers represent clients throughout the state of Texas, including Dallas, Houston, San Antonio, Forth Worth, El Paso, New Braunfels, San Marcos, Kyle, Buda, Round Rock, Georgetown, Lockhart, Bastrop, Elgin, Manor, Brenham, Cedar Park, Burnet, Marble Falls, Temple and Killeen. By Brooks Schuelke

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