After being in an automotive accident it is a wise decision to hire an attorney to represent your case, this can ensure that you get fair treatment and the compensation you deserve. When first meeting with an attorney to discuss your case, it’s vital to provide them with as much information as possible. The more facts and documentation (evidence) the attorney has, the better the chances are that you will have a strong case. Here is a list of most of the important documents you should have prepared when getting ready to speak with an attorney. Keep in mind that they may require additional information, but this checklist below will provide you with a solid head start on the proceedings.

Your Insurance Policy:  If you have automobile insurance your attorney will want to see a copy in order to review the extent of your coverage and see what kind of insurance compensation you may be entitled to. If you do not have your own copy your attorney will be able obtain one, with your permission.

Evidence of Premium Payments: Providing evidence of your insurance policy is important, but equally important is being able to prove that your insurance premiums are paid up to date! Periodically insurance companies will send a bill when each payment is due. Providing this correspondence as well as evidence of your payment (such as a cancelled check or receipt) will prove that your policy is up to date.

Information Exchanged at the Accident Scene: Often, names and telephone numbers are exchanged during an accident while talking with the other parties involved. Your attorney may need this information, even if you have already contacted them.

Information Provided by Police at the Accident Scene: Most of the time police are called to the scene of an accident. In these situations the police are required to make an accident report, which may even include a diagram of where the cars and/or pedestrians were at the time of the accident. Most importantly, the report will also include the on-scene officer’s initial impressions of the cause of the accident. This information is essential to helping the attorney understand the specifics of your case. Be ready to provide your attorney with the accident report and anything else written by the police. If you do not have a copy of these documents your attorney may be able to obtain one on your behalf.

Tickets Related to the Accident: If you have been given a ticket in relation to the accident, make sure you let your attorney know. For example, if you were given a ticket for “failure to yield” this information is very important to your case.

Photographs: If your car was damaged as a result of the accident and you were able to take pictures they will be helpful for your case (see Personal Injury Accidents: Preserve Evidence for more information). However, if you did not take pictures it’s okay, a representative of the insurance company may have. If you do have pictures provide your attorney with them. If you do not, but think the insurance company might, tell your attorney that information as well.

Statements: Occasionally after an accident you will be contacted by a representative of your insurance company who is looking to get a statement from you about the accident. If you were contacted you have a right to a copy of the statement you gave. If you have a copy, give it to your attorney. If you do not, let your attorney know that you spoke to an insurance representative so they can obtain a copy of it. It is important to note that generally you are not required to give the insurance company a statement, especially after securing an attorney to represent you. In any case, let your attorney know if you have been contacted by the insurance company.

Medical Records: If you have suffered injuries as a result of your accident, chances are that you saw a medical professional. If you have seen someone, your attorney will need copies of your medical records to determine the extent of your injuries and potential recovery time. Provide your attorney with any medical records you have. If you do not have any, provide your attorney with the name and address of any medical providers you have seen. Your attorney will be able to obtain your records on your behalf.

Psychological Records: If your accident caused emotional or mental damage for which you received psychological or psychiatric care, your attorney needs to know about this as well. Similar to medical records you should provide any psychological records or the name and address of any mental health providers you saw.

Pay Records: If you have been forced to miss work as a result of your accident you may be entitled to recover those lost wages. You will need to provide evidence of how much you earned before the accident and evidence of how much earned after the accident. Your attorney can use this evidence to calculate how much income you have lost because of your injuries in order to determine the amount of compensation.

For more information contact us (800) 272-LAWS (5297)

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Many states have laws requiring motorcycle riders to wear helmets. These laws are a key factor in determining your ability to recover for head and neck injuries sustained in an accident. Monetary recovery depends on your state’s motorcycle helmet law, the nature of your injuries, and whether or not you were wearing a helmet at the time of the accident.

Helmet Laws and Motorcycle Safety

Evidence overwhelmingly suggests that wearing a helmet while riding a motorcycle is significantly safer by reducing the amount and severity of head injuries. The National Highway Traffic Safety Administration estimates that for every 100 motorcyclists killed in a crash while not wearing a helmet, 37 would have survived if they had been wearing one. This alone is a staggering figure, but when taking into account the enormous reduction in non-fatal injuries that helmets are also responsible for it is easy to see why many states enforce helmet laws for motorcycle riders. These laws vary by state; in some all riders are required to wear helmets, but in others only those under a certain age must wear them. Only three states don’t have any helmet law at all: Illinois, Iowa, and New Hampshire. To see a list of state helmet laws, check out the Insurance Institute for Highway Safety’s website at www.iihs.org (click “Laws & regs,” then “Helmet use laws”).

Motorcycle Helmet Laws and Recovery for Injuries

If you are in an accident as a motorcyclist, your state’s helmet laws play a large role in whether you can recover for any resulting head or neck injuries. Here are some possible scenarios and what your chances of recovery are in each one.

• Wearing Helmet, No Head or Neck Injury: If you received no head or neck injuries as a result of an accident than whether or not you were wearing a helmet is irrelevant, but pointing out that you were wearing a helmet will help show that you are a responsible rider.
• Not Wearing Helmet, No Head or Neck Injury: Similarly, if you are not wearing a helmet but still don’t receive any head or neck injuries the fact that you were not wearing a helmet is irrelevant. This is true even in a state that requires you to wear a helmet.
• Wearing Helmet, Head or Neck Injury: If you were wearing a helmet and suffered head or neck injuries because of an accident the helmet is important to your claim and potential recovery amount. Wearing a helmet shows that your injuries were not made worse by any carelessness on your part and it also shows that your injuries could have been much worse had you not been wearing a helmet which will illustrate how dangerous the other driver’s actions were.
• Not Wearing Helmet, No State Helmet Law, Head or Neck Injury: If you were not wearing a helmet but suffered head or neck injuries it may be difficult to recover for your injuries- this is true even in states with no helmet laws. By not wearing a helmet you can be considered to be “comparatively negligent”—meaning you might be found partially responsible if by not wearing a helmet you contributed to the severity of your own injuries. Insurance adjusters will likely produce evidence showing that wearing a helmet usually significantly reduces head injuries. You must prove that you would have sustained the same injury whether you were wearing a helmet or not. However, if an insurance adjuster believes a helmet would have reduced your injuries then your recovery compensation amount will be reduced.
• Not Wearing Helmet, State Helmet Law, Head or Neck Injury: If the state law requires you to wear a helmet and you were not wearing one during an accident and additionally received head or neck injuries it will be extremely difficult to recover damages for your injury. You may still be entitled to recover for other injuries, but not wearing a helmet with a law requiring it automatically qualifies you as comparatively negligent. A motorcyclist in this situation might still be able to obtain some compensation by proving the injury would have still occurred even while wearing a helmet, but this is a tall order –if possible at all- and requires knowledgeable and experienced personal injury lawyers.

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In the state of Arizonaa 16 year-old teenager can legally obtain a driver’s license with the cooperation of a parent or guardian. This stipulation is required because the teen is not yet an adult in the eyes of state law. Because of these two facts an Arizona law potentially imposes a significant financial risk to the parents or guardian who signed off on the license until the teen is 18 years-old.

Anyone under 18 years old who applies for an Arizona driver’s license must have their application signed by at least one parent, or under some circumstances by a legal guardian, employer, or other responsible person. Without these signatures a driver’s license will not be issued to anyone under age 18. An adult who signs for a minor’s license assumes responsibility for any damage the minor may cause while operating a motor vehicle, including personal injury to others.

This doesn’t mean that your 16 year-old sons or daughters shouldn’t be allowed to drive; after all gaining a license at 16 is essentially a rite of passage and usually a teen’s first foray into personal responsibility. That of course is the key word- Responsibility. There are 3 important steps to take as a parent or guardian to ensure that you and your minor are covered in case an accident does happen.

• First of all the parent or guardian of the minor should call their insurance provider and tell them that a minor is now going to be driving the car. Additionally, if the minor owns a car make sure your insurance coverage extends to it as well.
• Second, always maintain adequate automobile liability insurance coverage. Although the state law does not require this much, limits of $100,000 per person and $300,000 per accident should be considered minimum protection.
• Finally, make sure your children are trained in the proper operation of an automobile. Strive to teach them defensive driving techniques that will enable them to be aware of potentially hazardous situations and how to avoid accidents and personal injury to others while driving.

In extreme situations it is also possible to withdraw or cancel authorization on a minor’s driver’s license. If you choose to go this route the minor’s license will be cancelled.  The specific financial responsibility imposed on the person who signed for the license under this particular law is eliminated if the minor’s license is cancelled.

For more information about parents liability for under-age teen drivers contact us at (800) 272-LAWS (5297)

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The United States is full of useless laws that had relevance in a past era of American history but now seem ridiculous.   Some of these laws that don’t make much sense are still on the books today! Luckily they are not enforced by police officers.

Can you figure out which one of the laws below is actually true. Let us know which one you think is true on Twitter @PhillipsAndLyon. The answer may surprise you…

• It is unlawful to refuse a person a glass of water.
• It is illegal to carry more than 3 guns in plain view at one time.
• Destroying a beer cask or bottle of another is illegal.

Check back for the answer!

 A Look at Damages in Personal Injury Cases

When considering a personal injury lawsuit a common question arises, “What is my case worth?” Each case is unique because of individual factors but the answer comes down to damages- determining what your injuries have cost you monetarily, physically, mentally, and, in some cases, whether the defendant’s actions were severe enough to warrant additional punishment.

In a personal injury case, damages are paid to the injured person (known as the plaintiff) by the person or company who is found to be legally responsible (known as the defendant or insurer). Damages can be awarded in a couple of different ways: an award can be agreed upon after a settlement negotiated by the parties involved, insurance companies, or attorneys. Or, an award may be granted by a judge or jury following a court trial.

Compensatory Damages in Personal Injury Cases

Most personal injury damages are considered “compensatory”. This type of damage award is meant to make the injured plaintiff “whole again” from a monetary standpoint. In some cases compensatory damages are easy to determine such as when a car is damaged in an accident, for example. But, other injuries are harder to place monetary value on, like pain and suffering or the inability to enjoy hobbies because of long-term accident-related injuries.

There are many types of compensatory damages. Here is a short explanation of the more common types in a personal injury case.

• Medical Treatment: Personal injury cases almost always award the cost of medical care associated with the accident, reimbursement for treatment already received, and compensation for any future medical care that will be needed as a result of the accident.
• Income: You may be entitled to compensation for the accident’s impact on your wages. Not only are you entitled to income you have already lost but also potentially money you would have been able to earn in the future had it not been for your injuries. This is known as “loss of earning capacity”.
• Property Loss: You will likely be entitled to reimbursement for any items that were damaged or compensation for the fair market cost of an item if it is lost.
• Pain and Suffering: You may be entitled to compensation for pain and serious discomfort caused to you as a result of an injury.
• Emotional Distress: These damages may be awarded if a person suffers any psychological impact including fear, anxiety, and sleep loss as a result of an accident or injury.
• Loss of Enjoyment: when injuries keep you from enjoying day-to-day activities like hobbies, exercise, or other recreational activities, you may qualify for loss of enjoyment damages.

Punitive Damages in Personal Injury Cases

Punitive damages result when a defendant has acted extremely poorly and compensatory damages are not considered enough of a punishment. Punitive damages can be awarded to a plaintiff in addition to compensatory damages and are intended to punish the defendant further in order to deter any future similar behavior.

How Plaintiff’s Actions (or Inaction) Can Affect a Lawsuit

In some situations an injured person’s role in the accident, or inaction after being injured, can lower the amount awarded in a personal injury case.

If you are even partially at fault in the accident that caused your injuries, most likely your award will be lessened as most states follow a “comparative negligence” standard that links damages to degree of fault. A few states follow a “contributory negligence” standard for personal injury cases, which means you may not be able to recover any damages at all if you are found to be partially to blame for the accident.

If you fail to mitigate the financial impact of the harm caused by an accident you may be awarded significantly less in damages for your case. This means, if an injured plaintiff fails to get necessary immediate medical treatment which in turn makes the injuries worse, the damage award can be greatly reduced.  

For more information and specifics about your personal injury case contact us at (800) 272-LAWS (5297)

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