How Insurance Companies Evaluate Your Injury Case

           It used to be that insurance adjusters were highly trained experts who evaluated the likely jury verdict range of an injury claim and in generating a settlement offer.  Nowadays however, insurance companies use computer programs. The insurance adjuster simply plugs key words or codes found in the medical records into a computer program which then spits out an evaluation.  If the proper terms are not available or if the medical records are not in a format that is convenient, the full value of the case will not be recognized and settlement offers will be low or nonexistent.  To be compensated in this day and age, it is critical that medical providers not only treat you with skill and compassion but that they properly document each and every problem you have on each and every visit, with the exact terminology and codes required by these computer programs.

 

            Injury attorneys must be fully aware of how these computer programs work and how injury information should be presented so that it can be recognized by the computer and generate reasonable compensation for the client.  This system is not fair and indeed was specifically designed to reduce the value of cases. However, it is the system that we deal with in settling cases. Not every case is settled of course and the computer program is not involved in taking your case to a jury and having a verdict your peers determine what you injury and impairments are worth. The injury lawyer should definitely make every possible attempt to get reasonable compensation through settlement before resorting to the expense, delay and uncertainty of litigation.

 

            Knowing how these computer programs work and how to appropriately document your case is critical in this effort.

 

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

REAREND COLLISIONS AND INJURIES FROM WHIPLASH

 

Many of the injured people who come to me for help suffer from neck, back and brain injuries resulting from rear end collisions.  Based on my experience and the findings of noted personal injury author Arthur C. Croft, DC, MS, FACO, these injuries are common but many physicians fail to comprehend the forces at play and the seriousness of injuries caused. These injuries can result in lifelong disability and pain.

I have invited insurance adjusters who claim that no one could be injured in a "low speed" collision to sit blindfolded in a target vehicle and allow me to rear end that vehicle with another at a moderate speed of 5 to 10 miles an hour. I have never had anyone take me up on this.  There are YouTube videos available demonstrating what happens to the human body when a car is struck from the rear at these comparatively low speeds.  The head is heavy and the forces act almost instantaneously. Back when cars showed crush damage, a lot of the energy given up by the striking vehicle was absorbed in heat and deformation of metal and plastic parts. Today, however, cars are designed not to show damage but instead to attenuate or delay for a few milliseconds the transmission of energy to minimize damage to automotive parts.  Unfortunately, the delay that preserves the automobile does little or nothing to prevent injury when the car accelerates forward.

 

These accidents and the transfer of severe energy pulses to the bodies of unaware victims, happens so fast that most victims can't even remember what happened to them.  Often the weight of the passenger loads up the seat back with energy as the vehicle is pushed out from under him. His head flies back and then the seat back unloads the energy and springs forward flinging the passenger to wrap around the seat belt and shoulder harness. Often unaware accident victims when asked, will say they did not hit themselves on anything inside the vehicle, when they indeed violently struck their heads and torsos on the head rest and seat of the vehicle and then on the restraint systems, then back on the seat and head rest again.

 

Neck pain is the single most common complaint following a whiplash injury. The complex structures of the human neck are easily injured at the forces and energies generated even by low speed vehicle collisions. It is the almost instantaneous  acceleration of the body which is pushed out from under the unrestrained human cranium that tears and injures these micro structures. It's no wonder people suffer weakness confusion, clumsiness, tingling and pain in their necks shoulders and arms following these traumatic events.  The fibers within the discs that cushion the joints of the vertebral bones can and are often crushed and permanently deformed by these traumas.

 

Low back pain is also a common type of injury. The rapid flexion and extension of the joints in the low back stretch and tear muscles and ligaments and compress and herniate the vertebral discs. 

 

Brain injuries are often seen as a result of these reared collisions and whiplash injuries even without loss of consciousness.  The jelly-like consistency of the human brain allows it to slap back and forth inside the rugged interior of the cranium, stretching and tearing fine structures in the brain.  Recent advances in MRI technology allow this fine “axonal shearing” to be routinely imaged if the proper protocols are requested by attorneys or physicians. Many of my clients have extended periods of confusion, memory trouble, emotional upset, fatigue and other nervous system disorders.  Although I am not a physician, I have seen the vacant, numb stare of these unfortunate individuals from across my desk many times in the past.

 

Other victims complain of hormonal problems, headaches, visual problems, ear problems (both ringing and dizziness), and pain and popping in the jaw joints.

 

 

The symptoms are so varied that it is critical for anyone who suffers injury in a rear end collision to be thoroughly evaluated by someone familiar with these injuries and the wide variety of symptoms that can result. The most important thing an accident victim can remember is to: tell every doctor, every problem, on every visit.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Common Personal Injury Accidents

Personal injury accidents can happen anywhere and at any time. However, some types of accidents are more common than others. It is important to understand the most common types of personal injury accidents to that you can try to avoid them and so that you can seek the assistance of a personal injury lawyer if you have the misfortune of being involved in such an accident.

Most personal injury accidents happen when someone acts negligently. In order to prove negligence, the injured party must be able to establish that the defendant:

·         Owed the plaintiff a duty of care: The definition of a “duty of care” varies among the states. Some states look only to whether a personal injury was a foreseeable consequence of the defendant’s actions while other states look to the foreseeability, the possible magnitude of the harm, the cost of avoiding the harm and other factors.

·         Breached the duty of care: A defendant breaches his or her duty of care if the defendant failed to act like a reasonable person would have acted given the situation. The reasonable person standard is often one that is contested and argued about in personal injury litigation.

·         Caused the plaintiff’s injuries: which would not have happened but for the defendant’s breach of the duty of care. In other words, the plaintiff’s injuries must have occurred because of the defendant’s actions and not because of some underlying medical cause or action that the plaintiff took.

·         Is liable for damages to the plaintiff: If the above elements of negligence are satisfied and the plaintiff is either the injured party or someone with standing to sue then the plaintiff is entitled to damages.

Negligence is often established in the following types of common personal injury accident cases:

· Car Accidents: including rear end accidents and intersection accidents;

· Motorcycle Accidents;

· Truck Accidents;

· Boat Accidents;

· Bus Accidents;

· Pedestrian Accidents;

· Bicycle Accidents;

· Medical Accidents: including birth injuries, surgical errors, the failure to diagnose, emergency room malpractice and other forms of medical malpractice;

· Slip and Fall Accidents: including slipping and falling on uneven ground, wet floors or slippery spots;

· Workplace Accidents: including workplace illnesses such as Mesothelioma and injuries caused by machines or other equipment;

· Defective Product Accidents: including foodborne illnesses, children’s toys, defective drugs and defective medical devices; and

· Animal Bite Accidents: by any animal not under your personal care or control.

Personal injury attorneys are familiar with the common types of personal injury accidents and can help you determine if you have a valid claim against the party or parties responsible for your injuries. Each state has a specific statute of limitations within which you must file a lawsuit to recover compensation for injuries sustained in a personal injury accident or forego your claim. Therefore, if you have sustained injuries or a loved one has been killed in any of the above listed common personal injury accidents or another type of personal injury accident then you should contact a personal injury lawyer in your state as soon as possible.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Distracted Driving Awareness Month

In honor of Distracted Driving Awareness Monthl, the American Society of Safety Engineers (ASSE) Transportation Practice Specialty (TPS) group is spreading the word that every driver must steer clear of the dangers of distracted driving.

Statistics show that 6,000 people are killed by distracted drivers every year, and another 500,000 are injured. Young drivers are more likely to be killed in distraction-related crashes, according to the U.S. Department of Transportation (DOT). Distracted driving is dangerous and is consequences can be dire. As ASSE President Terrie S. Norris, CSP, ARM, puts it, "life can change in a second."

Look at this-  To illustrate this point, ASSE TPS members Earnest F. Harper, CSP, and Timothy C. Healey explained that at 40 mph, a car is traveling 58.7 feet per second (fps). If the driver takes their eyes off the road for 2.9 seconds to glance at a phone, they will have traveled 170 feet. And at 60 mph, the car is moving 88 fps, meaning that a 2.9-second glance away equals a distance of over 255 feet.

"In either case, at these common speeds, each is more than enough time to end up being several feet under that slow-moving tractor-trailer rig ahead of you that you didn't see," Healey said. "And in a 40 mph crash, a 100-pound person or child who isn't wearing a seat belt will hit the dash board with a force of 2.6 tons, and a 3,000 pound car crashing at 40 mph will experience a crash force of 80.28 tons, reducing any chance of surviving."

ASSE is urging motorists to put their phone down, or simply turn it off when they're in the car, avoid eating while driving and program the GPS before you leave. Minimizing distractions allows drivers to maximize their attention on the road.

To avoid distracted driving, the TPS group suggests:

· Program your device so you do not answer and notify the caller that you will be driving and are not available to respond at the moment. In an emergency, family should know to call 911 or other family members.

· In case someone urgently needs to reach you, devise a procedure such as three rings, hang up, wait 2 minutes, call again and repeat to allow time to pull over safely.

· Know your route in advance and, if using a navigation system, pre-program it.

· Prepare the vehicle cab and yourself for driving, including your management of any distractions, be they inside or outside of your vehicle.

· Maintain safe spacing on the road or move to a less obstructed lane.

Currently, 35 states, the District of Columbia, and Guam ban text messaging for all drivers and many states now ban cell phone use by drivers. The list of states banning in-vehicle cell-phone use is at  http://www.distraction.gov/content/get-the-facts/state-laws.html.

Unfortunately  FLORIDA is not one of them...but it's only a matter of time before this legislation comes forward.

But I think it’s time everyone start talking and thinking about potential solutions.

I invite you to let me know what you think and leave a comment below in the comment box.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Social Security: The most successful social program in our history.

Can it continue to do what it has done so well?

I was so very interested in an article I recently read by Amanda Berthoff in the Perspectives Magazine that is published  by the University of Missouri at Kansas City, that I decided to use much of its content as the basis of my next blog post.

We often hear younger workers voice concerns that they’ll have to bear the burden of paying for the aging population themselves. This is an issue, but prior to the creation of Social Security, a large number of retired workers lived in poverty, especially women because they tend to live longer than men.

                Government estimates suggest that when Social Security began in 1935, close to 50 percent of the elderly population lived in poverty. By 1959, the rate had fallen to 35% but remained higher than that of other groups, including children and working-age adults. During the 1960’s and early 1970’s, Social Security benefits increased and poverty rates among the elderly declined rapidly. By 1974, the poverty rate for elderly Americans had fallen below that for children, where it has remained since. In 1993, it fell below the rate of working-age adults and today just 11% of the elderly have incomes below the federal ($10,890 for 1 person family; $14,710 for 2 person family) poverty line .

                Studies show that without income from Social Security, the poverty rate for the elderly would be much higher. The Social Security Administration estimates that 47% of individuals age 65 and older would live in poverty without Social Security benefits, four times as many as in poverty today. Social Security’s poverty-reducing record- along with its inclusiveness- has made it one of the most popular social programs in history. “The value of that is something we don’t want to lose sight of,” says Mary Daly, a social security expert. “We don’t want to move away from it completely. At some point younger workers will be older and will want that kind of insurance.”

                Another reason younger generations should care about older generations is because someday, they will be in the same boat. “If you don’t die, you’ll get old,”  says Gloria Thomas Anderson, M.S.W. ’06, clinical instructor at UMKC’s department of social Work. “If you live long enough, you’ll reach that point in your life, and you don’t know what it’s like until you actually get there.”

Finding a Middle Ground

To better understand what a cross-generational compromise might entail, it helps to consider age expectancy.  Americans now work more productively and longer into their lives that ever. “Raising the retirement age- if you were expecting to retire at 65 and now you’re retiring at 67 might not really be that bad,” Daly says. “You have more time after retirement that people did when social security was created.”  Social Security used to guarantee 6 to 7 years of post-retirement living because life expectancies were lower. Now it’s more like 15 to 20 years.

Because of longer age expectancy, the value of the benefits for older workers has increased and with it- the burden on younger workers. “We’re supporting employees for longer periods of life when they’re not working,” Daly says. That’s where compromise comes from. Boomers are going to have to see that they can’t have all that. And younger workers are going to have to agree to pay for some of it.

Here are some Interesting statistics regarding the four generations:

As a % of the entire population in 2010-

Generation Y  (1980 -2000)- 28%       

Generation X (1965- 79- 20%      

Baby Boomers (1946 - m1964- 26%      

Silent Generation (1925- 1945)- 13%                                     

As a % of the workforce in 2010-

Generation Y- 25%        Generation X- 32%       Baby Boomers- 39%       Silent Generation- 5%                (1980-2000)                                   (1965 – 1979)                            (1946 – 1964)                   (1925 – 1945)

Note- The average monthly Social Security benefit in 2011 was:  $1,181 or a total  of $14,172/Yr.

So, now what do we do?  Daly says, “Some painful compromises will have to be made by both the younger generations and the older generations.”  Possibilities include a younger generation that sees more income going to support an older generation and/or a retiree generation that sees lower benefits than expected.

As a personal injury attorney I see family incomes heavily impacted by the loss of wages as a result of an injury and that will just complicate these social issues going forward.

But I think it’s time people start talking and thinking about potential solutions.

I invite you to let me know what you think and leave a comment below in the comment box.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

The Benefits of Litigation Funding

                                

The law provides a potential remedy for plaintiffs who are hurt due to the negligence or recklessness of others. Specifically, state and federal laws allow plaintiffs to sue defendants to recover the damages that they incur as a result of the defendant’s legal negligence. While the effects of the personal injury can never be fully negated, damages are intended to put the plaintiff in the position he was prior to the accident, to the greatest extent possible. So, for example, damages may include compensation for medical bills, lost wages and pain and suffering.

However, many times plaintiffs must engage in costly litigation in order to recover those damages. A plaintiff who has costly medical bills and lost wages may not be in a position to cover the costs of litigation even if the potential damages are important to the plaintiff’s future and the litigation costs are recoverable from the defendant. Accordingly, litigation funding is important to both plaintiffs and to the justice system. 

Litigation Funding May Allow for a Fair Conclusion to a Legal Dispute

The financial pressure associated with recovery from a personal injury is often an important factor in determining whether a plaintiff accepts a settlement offer from an insurance company or defendant. Often, insurance companies and defense attorneys are aware of the plaintiff’s mounting bills and obligations and offer settlements that are significantly lower than what a plaintiff is likely to recover at trial. They reason that plaintiffs need the money quickly to pay their lawyers, their doctors and in some cases to keep their health insurance or their homes and that plaintiffs will therefore take the early settlement even if it is for less money than they are entitled to recover.

Litigation funding companies can remove much of the immediate financial pressure for plaintiffs. The money that is obtained from litigation funding companies can be used to fund the litigation itself or to pay any of the plaintiff’s bills. Without the immediate financial pressures, many plaintiffs may be willing to wait for a better settlement offer or be willing to take the case to trial.

Litigation Funding May Provide the Plaintiff with Cash Quickly

Many litigation funding companies quickly provide cash to plaintiffs who are approved for their programs. The funds may be used for any purpose. Often, they are used to pay medical bills, rehabilitation services, household help and everyday expenses while the plaintiff is recovering from injuries. For many plaintiffs, litigation funding companies can provide funds months and even years earlier than the judicial system can award damages. That can significantly help a person’s recovery by reducing the stress associated with the mounting bills and expenses.

Litigation is lengthy, stressful and, costly. Litigation funding companies can help plaintiffs in their quest for justice by removing some of the financial barriers that often prevent them from pursuing their case until a fair settlement is offered or a jury renders its verdict.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks
or so I’ll provide additional meaningful articles regarding
personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Litigation Funding

What is Litigation Funding?

Sometimes you have no choice but to sue another party in court for personal injuries that you sustained in an accident. The reasons for the lawsuit may be just and the potential outcome of the lawsuit may be important. However, no matter how just or important a case is the potential plaintiff must weigh the potential benefits of litigation against the actual costs of litigation.

The Costs of Litigation

There is no arguing that litigation is expensive. In addition to attorney’s fees, plaintiffs usually have to pay court costs and may also need to pay for things such as expert witnesses and discovery. Some plaintiffs feel that they cannot handle these litigation costs and they either choose not to file a lawsuit or they accept a quick and often low settlement offer in order to avoid incurring further expenses. They should be aware, however, of different litigation funding options which may help them effectively handle the costs of litigation.

Litigation Funding Options

Few plaintiffs have the resources to pay all of the costs described above out of pocket. Instead, many personal injury plaintiffs use one or more of the litigation funding options that are available. Depending on his or her financial situation and the circumstances of his or her case, a plaintiff may find one of the following litigation funding options beneficial:

·      Contingent Fee: Many personal injury attorneys are hired by plaintiffs on a contingent fee basis. That means that the attorney does not collect a fee unless the plaintiff recovers damages either through a settlement or a court proceeding. If the plaintiff does not recover any damages then the attorney is not paid. However, plaintiffs should be aware that attorneys who are paid pursuant to a contingent fee arrangement may take a relatively high percentage of the damages in return for the risk that they take of not being paid at all. Also, the plaintiff is still responsible for all court costs, expert witness fees and other litigation costs. Often, these costs must be paid periodically throughout the course of the ligation.

·       Loan from a Relative or Friend: Many plaintiffs find it necessary to borrow money from friends or relatives in order to pay their attorney fees and / or their litigation expenses. The terms of every loan are different. Some plaintiffs might find these the least complicated and least expensive way of borrowing money to fund their lawsuit. However, other plaintiffs may find it uncomfortable to borrow money from a friend or relative.

·         Litigation Funding Company: Litigation funding companies provide qualifying personal injury plaintiffs with funds in advance of the lawsuit’s resolution. If the litigation funding company finds it likely that the plaintiff will recover damages then the company may provide money to the plaintiff. Then when damages are awarded the litigation funding company is repaid the money that was borrowed along with any previously agreed upon fees and interest.

·       Personal Loan: It is often difficult for personal injury plaintiffs to obtain personal loans through banks in order to finance their lawsuits. Banks typically view these loans as too risky since it is difficult to predict how a jury will view the facts of the case and what kind of award the jury might make in a case.

If you are a personal injury plaintiff then it is important to consider all of your funding options prior to deciding how best to proceed with your lawsuit.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer