Legal advice on Medical expenses for personal injury

What Does Med Pay Cover? Med Pay covers your initial medical bills including ambulance, emergency room, imaging work and can be used for other medical treatment including physical therapy, massage and chiropractic. Med Pay coverage is a good idea even if you have good health insurance. The reason is because Med Pay benefits never have to be paid back from the injury settlement proceeds. In contrast, when you use your health insurance to pay for your medical care after a crash your health insurance has what is known as a right of subrogation. This means the health insurance company has a right to stand in your shoes and look to the at-fault driver and his or her auto insurance policy for reimbursement for money spent on your medical care. Just about every car accident case in which the injured party has health insurance has subrogation claims that need to be negotiated and resolved. With Med Pay, however, there is never a right of subrogation for the medical treatment billed and paid for by Med Pay. This almost always puts additional money, often thousands of dollars, into an injured person's pockets at the end of the case. This additional money is on top of other money recovered for your injuries, damages and losses. How Does Med Pay Work With Health Insurance? The best-case scenario is when an injured person has both Med Pay coverage and high-quality health insurance. Med Pay works in addition to your health insurance to benefit your case. Health insurance companies have contracts with many medical providers which provide substantial discounts in the cost of the medical care you receive. For example, if a hospital charges $10,000.00 for your emergency room visit, your health insurance will likely negotiate a substantial reduction in the amount that it pays. At the end of the case, the subrogation payment may be less than half what the hospital originally charged. This effect almost always puts more money into the injured person's pocket at the end of the case. Remember, the goal of personal injury representation is to recover as much compensation as possible for your injuries, damages, and losses. Med Pay and health insurance can be helpful tools for reaching those goals. Other Considerations There are of course other tools including knowledge of the insurance industry, timing of demands, negotiation, litigation, trial skill, and familiarity with each insurance company's negotiating style. Even if you don't have Med Pay or high quality health insurance, and many clients don't, you will likely benefit from the skill of an experienced trial attorney who can position your case for a favorable settlement or jury verdict. The Max Law Firm is well equipped to help you seek the full compensation your case deserves. The firm understands the insurance industry and offers extensive trial experience from a former prosecutor who has gone to trial on numerous felony cases including First Degree Murder, Vehicular Homicide, Vehicular Assault, Attempted Murder, Sexual Assault, Domestic Violence, Assault, Robbery, Theft and Felony DUI.

Introduction I love dogs. Some of my fondest childhood memories include “Bandit,” my black Labrador retriever, running with me in my front yard, and romping in the pond on my grandfather’s farm. We were inseparable. However, there are times when interactions between people and dogs are tragic and sometimes even deadly. By the Numbers According to a study conducted by the Center For Disease Control (CDC), approximately 4.7 million dog bites occur in the United States each year, and 800,000.00 of those bites result in injury requiring medical treatment. As of 2017, the population of the United States was approximately 325.7 million. That means a dog bites 1 out of every 69 people. Between 2008 – 2018, dog attacks resulted in 376 deaths in the United States; 182 of those were children. The victim of a dog attack can end up owing thousands if not hundreds of thousands of dollars in medical expenses. Victims also suffer from lost wages, pain and suffering, physical and emotional trauma, and more. Those who suffer death pay the ultimate price and their families are left to grieve because of a life that was wrongfully taken. Responsibilities of Dog Owners: Criminal Liability - Dogs Running at Large Running at Large State law provides: [T]he owner of a dog commits a[] [criminal] offense if that dog goes uncontrolled by the owner upon the premises of another [person] without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally. Tennessee Code Annotated § 44-8-408 (b). The owner of a dog may be charged with and found guilty of a misdemeanor and fined if the dog, while running at large, causes damage to a person’s property or inflicts bodily injury on someone. If a dog running at large causes serious bodily injury or the death of a person, the dog’s owner may be charged with a felony. Assuming the owner has no prior criminal convictions, he or she could be sentenced to a maximum of two (2) years in the Tennessee Department of Correction (“TDOC”) if the dog caused serious bodily injury to someone, and could be sentenced to a maximum of four (4) years in TDOC if a person died as a result of an attack by their dog. See Tennessee Code Annotated § 44-8-408 (g). Punishment increases in all circumstances if the violation involves: (1) A dog that was trained to fight, attack or kill or had been used to fight; or (2) The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death. By way of example, a person whose dog kills someone where one (1) or more of the above factors exists may be charged with a Class C Felony and be sentenced (again assuming the owner has no prior criminal convictions) to a maximum of six (6) years in TDOC. Tennessee Code Annotated § 44-8-408 (h)-(i). Exceptions to Criminal Liability A dog owner does not commit the offense of allowing a dog(s) to run at large if: (1) The dog was on a hunt or chase; (2) The dog was on the way to or from a hunt or chase; (3) The dog was guarding or driving stock or on the way to guard or drive stock; (4) The dog was being moved from one place to another by the owner of the dog; (5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog; (6) The violation of subsection occurred while the injured person was on the private property of the dog’s owner with the intent to engage in unlawful activity while on the property; (7) The violation occurred while the dog was protecting the dog’s owner or other innocent party from attack by the injured person or an animal owned by the injured person; (8) The violation occurred while the dog was securely confined in a kennel, crate or other enclosure; or (9) The violation occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog. Tennessee Code Annotated § 44-8-408 (c). Responsibilities of Dog Owners: Civil Liability & Circumstances Where Strict Liability Applies When Dog Running at Large Injures Someone in a Public Place or on another person’s Private Property In 2006, 60-year-old Dianna Acklen was mauled and killed by three dogs while walking in a residential neighborhood in the small Franklin County city of Decherd. In response, the Tennessee General Assembly enacted “The Dianna Acklen Act of 2007” which abolished the “first-bite” rule. Prior to this, owners could not be held accountable for violent acts of their dogs unless they were aware that their dog had previously attacked or bitten someone else. The Act amended the “Dog Bite Statute” by imposing strict liability on dog owners under limited circumstances. For a dog owner to be held strictly liable for damages suffered by a person who is injured by the owner’s dog while in a public place or lawfully in or on the private property of another, a plaintiff must show only that, at the time when he or she was injured, the dog owner: (1) Did not keep the dog under reasonable control; or (2) Did not keep the dog from running at large. The dog owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog’s owner knew or should have known of the dog’s dangerous propensities; hence the phrase “strict liability.” Tennessee Code Annotated § 44-8-413 (a)(1)-(2). Exceptions to strict civil liability exist under the Act. Strict liability will not be imposed on the owner of a dog if: (1) The dog is a police or military dog, the injury occurred during the course of the dog’s official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog; (2) The injured person was trespassing upon the private, nonresidential property of the dog’s owner; (3) The injury occurred while the dog was protecting the dog’s owner or other innocent party from attack by the injured person or a dog owned by the injured person; (4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or (5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog. Tennessee Code Annotated § 44-8-413 (b)(1)-(5). Responsibilities of Dog Owners: Common Law Civil Liability Retained For Certain Cases At common law (law developed in England from custom and judicial precedent and that continued to be followed in the British Colonies in America, after Independence, and to the present day) and under statutes that have adopted the common law, a plaintiff may only recover from a dog owner for damages suffered by a person who is injured by the owner’s dog while the person is on residential, farm or other noncommercial property, and the dog’s owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee if: (1) The injured plaintiff can establish that the dog’s owner knew or should have known of the dog’s dangerous propensities. Tennessee Code Annotated § 44-8-413 (c)(1). In discussing its application of the common law rule in the 1914 case of Missio v. Williams, 167 S.W. 473 (Tenn. 1914), in which a woman was mauled in a Memphis street while on her way home from her job as a “scrubwoman” at the Peabody Hotel, the Tennessee Supreme Court observed that the rule is first found in Exodus 21:28-29: If an ox gore a man or a woman, that they die: then the ox shall surely be stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit. But if the ox were wont to push with his horn in time past, and it hath been testified to his owner, and he hath not kept him in, but that he hath killed a man or a woman; the ox shall be stoned, and his owner also shall be put to death. Missio, at 473-474; Exodus 21-28-29 (emphasis added). The “residential exclusion,” requiring persons injured by dogs in or at the residence of the dog owner to prove that he or she knew or should have known of the dog’s dangerous propensities, is a legal shortcoming that the Tennessee General Assembly should and hopefully one day will remedy. Tennessee is the only state in the nation to retain the “residential exclusion.” Fifty percent (50%) of dog bites occur on the dog owner’s property. As such, the “residential exclusion” prevents many if not most people who are injured by a dog in or at the dog owner’s residence from being properly compensated for their injuries and the things which naturally flow from being injured – pain and suffering, loss of wages, emotional distress, disfigurement, loss of enjoyment of normal activities, and the like. The “residential exclusion” barred recovery in a Benton County case in which a seemingly friendly Australian Shepherd bit a little boy on his face as he sat in his mother’s lap in a chair inside the dog owner’s house. Searcy v. Axley, No. W2017-00374-COA-R3-CV (Tenn. Ct. App. Oct. 19, 2017). The boy, whose mother had driven him to the dog owner’s home to visit with their daughter, suffered severe injuries. Axley, at *2-3. The “residential exclusion” results in other such outcomes. Statute of Limitations A person who is injured by a dog has only one (1) year from the date of the injury to file a lawsuit against the responsible party – the dog owner in this context. Tennessee Code Annotated § 28-3-104 (a)(1)(A). Tennessee, joined by her sister Southern states of Louisiana and Kentucky, has the shortest statute of limitations for personal injury cases. A person whose real or personal property has been destroyed or damaged by a dog has three (3) years from the date the destruction was accomplished to file a lawsuit against the responsible party. Tennessee Code Annotated § 28-3-105 (1). Conclusion Owners should be mindful that the law requires them to control their dogs and make sure they do not run at large. Injury by a dog to the property or person of another person can cost the dog owner money and possibly jail time. If you are a homeowner and have a dog (especially a breed generally known to be aggressive), check to make sure your homeowners’ insurance policy covers injuries to guests caused by your dog. Persons who walk through neighborhoods or enjoy city parks should make themselves aware of their surroundings and note if an unleashed or uncontrolled dog is near. Also, no one should ever harass or provoke a dog. Like most other mammals, dogs will defend themselves. Quickly seek out an attorney if you or your child has been physically injured by a dog because you only have one (1) year from the date of the attack to file a lawsuit against the responsible party.

Introduction You may not know that insurance companies use a mathematical formula or algorithm to figure out how much compensation should be paid to a victim in a personal injury settlement. The use of such formula doesn’t actually determine how much compensation someone will receive; it is a tool that insurance adjusters (representatives of the insurance companies that deal with injury claims) use as a starting point in the process of figuring out how much a claim is worth. Final determination about how much compensation should be paid to a claimant is not made until several other facts are considered. Why the Need for a Damages Algorithm? In general, a person liable for an accident (the negligent driver) -- and therefore that person’s liability insurance company (in California liability insurance is mandatory for all vehicles in operation) -- must pay an injured person for: Medical care and related expenses; Missed work time or other lost income; Pain and other physical suffering; Permanent physical disability or disfigurement; Loss of family, social, and educational experiences (otherwise known as loss of consortium); and Emotional damages resulting from any of the above. While it is usually simple to add up the money spent and money lost, there is no precise way to put a dollar figure on pain and suffering, and on missed experiences and lost opportunities. That’s where the damages formula/algorithm comes in. How the Damages Formula Works At the beginning of negotiations on a bodily injury claim (as opposed to a claim for property damage, i.e., damage to a vehicle), an insurance adjuster will add up the total medical expenses related to the injury. These expenses are referred to as “medical special damages” or simply “medical specials.” As a way to begin figuring out how much to compensate the injured person for pain and suffering, permanent disability, and emotional damages -- together called “general damages” -- the insurance adjuster will multiply the amount of special damages by about one-and-a-half to three times (known as the “multiplier”) when the injuries are relatively minor (i.e., soft tissue injuries only), and up to five times when the injuries are particularly painful, serious, or long-lasting (i.e., permanent bodily injury, injury needing surgery, broken bones, etc.). After that amount is arrived at, the adjuster will then add on any income you have lost as a result of your injuries. As noted above, these calculations are for bodily injury, and are in addition to compensation paid to repair your vehicle, cover expenses of obtaining a rental vehicle while your vehicle is being fixed, and to pay for items in the vehicle damaged in the accident (i.e., baby car seat), amongst other things. That total -- medical specials multiplied by one-and-a-half to five times (occasionally higher depending on type and seriousness of injury), then added to lost income -- becomes the number from which settlement negotiations should begin. We say “should,” but unfortunately that is not always the case. Seasoned insurance adjusters will always seek to take advantage of unrepresented claimants, who do not know or understand their process. Several things determine which level of multiplier will apply to the special damages in your claim: The more painful the type of injury you suffered, the higher the multiplier; the more invasive and longer-lasting your medical treatment, the higher the multiplier; the more obvious the medical evidence of your injury, the higher the multiplier; the longer the recovery period from your injuries, the higher the multiplier; and the more serious and visible any permanent effect of your injury, the higher the multiplier. Insurance Adjusters Don’t Manually Calculate Case Value Since large insurance companies began to use computer software programs to value cases in the 90’s, reliance on computerized quantification of injury value has become standard protocol. Thus, programs such as Colossus, Claims Outcome Advisor, and Claims IQ now generally “calculate” the settlement value of car accident injury claims for insurance adjusters. Sound convenient? It is convenient, for insurance companies at least, but harmful for victims. The problem comes down to a simple man versus machine dilemma – no computer program can adequately put a value on human pain and suffering to capture how an injury, no matter how minor, impacted a person’s life. The art of the personal injury claim negotiation is therefore to demonstrate how an insurance adjuster, armed with his/her case valuation programs, has greatly undervalued your injury claim. That is why you need experienced and aggressive attorneys on your side to show the insurance companies that you are an individual with unique experiences, activities, emotions, and lifestyles, and that the impact of the injury on you cannot be quantified by a preplanned algorithm. Insurance Adjusters Don’t Reveal Their Formula During negotiations on an insurance claim, adjusters usually will not tell you what formula they are using to calculate value (they can’t tell you anyway, since programs like Colossus use over 10,000 distinct rules to generate claim value), how much they actually (as a human being) believe a claim is worth, or even that they are using any formula at all. They are following a basic rule of negotiation – don’t let the other side know how or what you are thinking. Moreover, the programs are created and managed by people working for the insurance companies, so you can imagine that the programs themselves never tend to over-value a claim to the disadvantage of their insurance company client. So, when you begin your claim negotiation, you typically start from a deep hole, where the "numbers" are stacked against you. This is why you need to engage an experienced law firm, right at the beginning of your matter, who can bring industry knowledge, training, personnel, and technology to the fight, all in support of your road to recovery.

Attorney Chris Estes explains and shows the # 1 Tip you can take right now to protect your property and to settle a claim with an insurance company WITHOUT paying a lawyer. Attorney Chris Estes explains how to collect and preserve crucial evidence to protect your property, and an easy tip to effectively present the evidence to an insurance company should you ever have to make a claim. Anyone that owns property can and should do this immediately!

What is PIP? PIP stands for Personal Injury Protection and it is a mandatory coverage for all auto policies issued in Oregon, providing at least $15,000 for medical expenses, or two years, whichever comes first. There is also a wage loss benefit if you miss two or more weeks of work. How do I know if I have PIP? If you have an out of state policy, for example Washington or California, PIP is not required in these states and you will need to check your coverages. You can request a declarations page, or reach out for a consultation and I can help you check your coverages. If you have a Washington PIP policy, the minimum coverage is $10,000. California allows PIP or MedPay policies that provide only $5,000 of coverage. What does PIP cover? You can use your PIP to pay for any medical expenses that is necessary because of your injury related to the motor vehicle collision. You can use your PIP for ambulance rides, emergency room visits, primary care doctors, specialists, chiropractors, physical therapists, massage therapists, acupuncturists, almost anywhere. How does PIP work with my health insurance? PIP is primary, which means PIP will pay first and your health insurance will start paying after your PIP runs out or expires. PIP for Passengers In Oregon, the first PIP coverage applicable to you is the coverage of the car in which you were riding. If you have your own auto policy that is different than the policy of the vehicle in which you were a passenger, then you likely have additional PIP coverage that you can use if the first PIP coverage runs out. These policies stack on top of each other, essentially giving you double coverage.

Were you Injured? The first question you should ask is whether you suffered an injury from your accident. If the accident caused damage to your vehicle but not to your person, it is rarely a good idea to hire an attorney. The reason for this is that damage to your car has a specific value that you can only deviate so far from. An attorney is not going to increase a property damage award by enough to cover the attorney's fee unless there is a substantial underpayment offer. How Significant was your Injury? The significance of your injury is the determining factor in your ultimate settlement. If you have an injury that you have fully recovered from within a month and the insurance offers to pay your medical bills plus a reasonable amount for pain and suffering, you are not going to get a ton of value added by hiring an attorney. However, if the insurance just offers to cover medical costs or offers an amount that seems unreasonable, it is always best to check with an attorney. If you have a serious injury, it is nearly always worth it to hire an attorney. You will end up with more money in your pocket even after paying the attorney fee. Is Liability a Question? If an insurance company is saying that the accident was not the other drivers fault, it is almost always necessary to hire a lawyer. Insurance companies have a very bad habit of taking advantage of people by saying it was probably not their insured's fault and therefore they are going to only offer a small settlement. The reality is, if they were confident that the accident was your fault, they would not offer anything. This is simply a attempt at getting you to sign a settlement for lower than what your case is worth. If you are not sure if the accident was your fault or not, contact a lawyer. It should not cost you any money to talk to the lawyer and get his or her opinion on your case. Did the Insurance Company Make a Quick Offer? If an insurance company offers you a settlement really quickly, do not accept it without talking to an attorney. Insurance companies will often make a quick settlement saying they can get cash in your pocket quickly. While this might sound great, you are giving up your right to make a claim if something else arises. It is often the case that the initial diagnosis will miss something that becomes a big issue later on. If you accepted the offer early, you have no right to go back and make another claim even if an un-diagnosed injury arises. Do I Really not Pay Unless I Win? Most of the time. I do not charge my personal injury clients anything until a judgment or settlement is reached. Some personal injury attorney's will charge a fee to set up a file or to pay initial costs. While these fees are much lower than hiring an attorney at an hourly rate, they can still be close to $500-$1,000. Some attorney's will require the client to pay for costs even if they lose the case. Be sure and clarify this with the attorney you choose. What Should I Expect to Pay if I Win? If you win your case, you should expect to pay between 33% and 40% to your attorney. It is possible to find an attorney that will charge 25%, but that can often be a sign of a bad personal injury attorney who is just looking to get a lot of clients. Read the next section if these numbers make you nervous. What is the Value of an Attorney? The reality is that 33% seems like a lot. The reason that these rates are high is because the attorney is taking all the risk. They only get paid if they win. That means they could put in a significant amount of hours into a case and end up getting paid nothing. But your concern should be about the value to your case. A 2017 study conducted by Martindale-Nolo found two significant pieces of information: First, 91% of of people that hire a personal injury attorney get some form of a payout. In comparison, only 51% of those that represented themselves received a payout. Second, even after paying attorney fees at 33%, the average represented client made nearly three times (3x) the amount that unrepresented person. When in Doubt, Call! If you still do not know whether you should hire a personal injury attorney, it is always best to call and talk to one. Most personal injury attorneys will be happy to talk to you with no requirement that you sign up with them. If an attorney pressures you to signing with them before giving you a good evaluation of your case and answering all your questions, it may be a good sign to find another attorney to talk to. I have told many potential clients that they will not benefit from an attorney after hearing their circumstances. It is always best to make sure!

Who Is Responsible For My Medical Bills If I Am Injured In An Accident? It is important to draw a distinction here between the upfront or initial, provisional payment of medical expenses and bills, and the ultimate responsibility for those charges. If it is ultimately determined that someone is at fault for the injury [e.g. a negligent actor in a personal injury case] then that liable person [or their insurance should they have insurance] is going to be responsible, ultimately, for the medical bills or costs. However, the accounting and process to determine ultimate responsibility for medical expenses often takes years, and potentially litigation, and is of little immediate benefit for an injured individual with mounting bills and unpaid expenses related to an accident. For a person in that circumstance, the far more pressing question is: "how are those bills paid immediately?" There are essentially five sources of initial, up-front payment for the medical expenses, bills and other costs associated with the provision of medical care in the wake of an injury-causing accident. Workers’ compensation insurance- if the injury occurred at work PIP or personal injury protection benefits if the accident involved a motor vehicle Health insurance Government benefits such as Medicare or Medicaid Self If the insured individual suffers their accident while at work, the medical expenses related to that injury [potentially for life] are the responsibility of the employer and hence the workers' compensation Insurance company. If an individual is injured in a car accident, then the personal injury protection insurance covering the vehicle- typically in which they were a driver or passenger- is responsible for the medical expenses for the injury, up to the amount of the policy -generally $2,500 If an injured person has health insurance either through an individual policy or group policy through work, that insurer may pay expenses related to a personal injury-causing event. If an individual is a recipient of a government-funded health insurance alternatives such as Medicare or Medicaid, those entities may also pay expenses related to a personal injury. And finally, an individual may, of course, pay their own way. In the context of a personal injury matter, a more practical alternative is for the individual to locate a provider who is willing to defer payments and collection of medical expenses until the conclusion of the underlying case. What is subrogation? Ultimately, however, the individual at fault, if there is an individual or entity that is ultimately deemed responsible for the injury, is correspondingly responsible for these medical expenses. If the injured claimant settles with that negligent or at-fault party, medical expenses will be incorporated into the settlement figure or awarded by a court after trial. In the same fashion, if a private health insurance company, Medicare or Medicaid have paid expenses related to an injury, and another is ultimately deemed responsible, those payors have a right to reimbursement -sometimes called a subrogation right-against that individual and hence a lien, or right to reimbursement, from settlement or judgment proceeds.

What is Comparative Negligence? Before defining comparative negligence, it makes sense to first explain ordinary negligence. In Wisconsin legal negligence occurs when a person fails to exercise ordinary care. What is ordinary care you ask? Good question. Ordinary care is the care which a reasonable person would use in similar circumstances. I realize this definition is not particularly helpful. Stated differently, a person is not using ordinary care and is negligent, if the person, without intending to do harm, does something, or fails to do something that a reasonable person would recognize as creating an unreasonable risk of injury or damage to you or your property. This concept of negligence is critical to you because if a person is negligent, he or she becomes “liable” for the damages caused by the negligent act or omission. In some accidents, there is no serious question as to liability/negligence. For example, if a motorist who is texting and driving rear ends you, negligence and liability seem pretty clear. However, situations can be more complicated if more than one person was responsible for your accident. In these situations, comparative negligence becomes important. Comparative negligence is the legal concept used to determine the percentage of fault for every party to your accident. Our law states that every person, in all situations, has a duty to exercise ordinary care for his or her own safety. If your case proceeded all the way to a trial a judge or jury would be required to determine the percentage of your fault and for any other party. The only requirement is the total of percentage of fault must equal 100%. Can You Get Money Even if You Are Partially Responsible For The Accident? Yes, you can get money compensation for your injuries even if you were partially responsible for the accident. In Wisconsin, as long as your share of fault for the accident does not exceed 51% you would “win” your case and could recover compensation. If your negligence exceeds 51% then you cannot recover any damages. A finding of 51% of fault, or more, would mean that you were primarily responsible for the accident and cannot recover compensation from any other person. If your negligence is determined to be more than 0 but less than 51% you can still recover money compensation for your injuries, but your recovery is reduced by the extent of your own fault. For example, assume you were injured and suffered $100,000 in damages. Pretend that a jury in your case determined you were 40% responsible for the accident and the other driver was 60% at fault. In this case, although your full claim value would be $100,000, you would only be able to collect 60% of that sum, or $60,000. In effect your damages are reduced by the extent of your own negligence. What Should You Do Next? If you were injured in a motorcycle accident I strongly recommend that you consult with an attorney so you can discuss the details your situation in private. As you can see the percentage of fault can have a significant impact on your case including the possibility of barring you from bringing a claim in the first place. You should keep in mind that your percentage of fault is not magically predetermined in any way. What you may believe is clear fault on the other driver, an insurance company may, and will likely, take the opposite view. The bottom line is this: You should not accept an insurance company’s determination of fault. Rather, I recommend you consult with a motorcycle injury attorney so he or she can properly evaluate your case under the protections afforded by the attorney client relationship.

Though personal injury settlement calculators are easily available online, they should not be relied on. In this video, we discuss why these types of calculators don't work. Have a question? Feel free to reach out to us 602.494.4800. Or you can visit us online at https://zacharassociates.com

Medical bills can be confusing, stressful, and complex especially when they begin to pile up after an accident. This is why Phoenix, Arizona personal injury lawyer, Chris Zachar of Zachar Law Firm goes into detail of how to handle medical bills after suffering an injury. Have a question? Feel free to reach out by visiting us online at https://zacharassociates.com or you can call us at 602.494.4800.

After being involved in a car accident, you assume that the insurance company will help you every step of the way. But why are insurance companies so difficult to deal with? Read more by visiting us online at https://www.zacharassociates.com/personal-injury-wrongful-death-faq/phoenix-personal-injury-lawyer-going-up-against-big-insurance-companies/ or you can call us directly at 602.494.4800.

Do's and Don’ts after a bicycle accident. 1. Do not leave the scene. Always stop and wait for help to arrive. 2. Check for injuries. If you or anyone has been injured seek immediate medical help. Your health and well-being is the most important things to care for after a bicycle accident. 3. Call 911. Calling the Police is crucial. They will document the scene and will provide you with a report or a report number. 4. Do not move your bicycle until the police comes and tells you it’s OK to do so (unless you have no choice) 5. Take pictures or videos from few different angels showing damages to your bicycle (your gear, helmet, …) and the other vehicle involved. Also, from the location (bike lane, if applicable)and the surroundings. 6. Exchange information before you leave the scene. Get contact information (name, address, phone number) driver’s license, and insurance information (name of the insurance company and the policy number) of everyone involved in the accident. Also, write down the make, model, color and license plate of other vehicle involved. 7. Get witness information (If possible, video them or have them text or email you what they saw). See if the other party is willing to admit fault. If so, get it in writing or video him or her admitting fault. Never admit fault at the scene. 2. You should always speak to a personal injury attorney before calling any insurance company Normally, after a bicycle crash you are in a state of shock, under a great deal of stress, and confused. Anything you say could be used against you. The adjusters are not really there to help you. Their main concern is to save money for the insurance companies. Their questions are design to confuse you, downplay your injuries, or to create doubt regarding fault, so they can delay and/or deny your claim. After a bicycle crash, consult with a personal injury attorney before speaking or signing anything with the insurance companies. After a bicycle crash your main concern should be your HEALTH. PROMPT medical care can minimize the seriousness of your injuries and can help with a faster and fuller recovery. You do not need to explain every little detail of the accident to the doctor (They might write it wrong and it will hurt your case later). Do not get fooled. The insurance companies want to close your case as quickly as possible for as little as possible. Call a personal injury attorney for a free consultation before you call the insurance company. After speaking to one or two personal injury attorneys, then you can decide if you want to hire an attorney to help you every step of the way with your claim, or you will call the insurance companies on your own. Just remember, a personal injury attorney will work hard to ensure that you receive the maximum compensation that you deserve.

Do's and Don'ts after a motorcycle accident. 1. Do not leave the scene. Always stop and wait for help to arrive. 2. Check for injuries. If you or anyone has been injured seek immediate medical help. Your health and well-being is the most important things to care for after a motorcycle accident. 3. Call 911. Calling the Police is crucial. They will document the scene and will provide you with a report or a report number. 4. Do not move your motorcycle until the police comes and tells you it’s OK to do so (unless you have no choice) 5. Take pictures or videos from few different angels showing damages to your motorcycle (your gear, helmet, …) and the other vehicle involved. Also, from the location and the surroundings. 6. Exchange information before you leave the scene. Get contact information (name, address, phone number) driver’s license, and insurance information (name of the insurance company and the policy number) of everyone involved in the accident. Also, write down the make, model, color and license plate of other vehicle involved. 7. Get witness information (If possible, video them or have them text or email you what they saw). See if the other party is willing to admit fault. If so, get it in writing or video him or her admitting fault. Never admit fault at the scene. You should always speak to a personal injury attorney before calling any insurance company Normally, after a motorcycle crash you are in a state of shock, under a great deal of stress, and confused. Anything you say could be used against you. The adjusters are not really there to help you. Their main concern is to save money for the insurance companies. Their questions are design to confuse you, downplay your injuries, or to create doubt regarding fault, so they can delay and/or deny your claim. After a motorcycle crash, you do have to notify your insurance agent as soon as possible, but don’t say or sign anything until you speak with a personal injury attorney first. After a motorcycle crash your main concern should be your HEALTH. PROMPT medical care can minimize the seriousness of your injuries and can help with a faster and fuller recovery. You do not need to explain every little detail of the accident to the doctor (They might write it wrong and it will hurt your case later). Do not get fooled. The insurance companies want to close your case as quickly as possible for as little as possible. Call a personal injury attorney for a free consultation before you call the insurance company. After speaking to one or two personal injury attorneys, then you can decide if you want to hire an attorney to help you every step of the way with your claim, or you will call the insurance companies on your own. Just remember, a personal injury attorney will work hard to ensure that you receive the maximum compensation that you deserve.

When is the right time to hire a personal injury lawyer? There are many complex pieces to an injury claim. Make sure you're protected. Make sure you get the facts. Stop guessing. Visit us online at https://www.zacharassociates.com/phoenix-personal-injury-lawyer/ or you can call us directly at 602.494.4800.

Dog Bites in Los Angeles and the San Fernando Valley No matter their size, canines can be ferocious. Sometimes, even unprovoked dogs attack and cause serious injuries. Fortunately, victims of animal attacks may have legal options available to help compensate them for their physical injuries, emotional anguish, and financial expenses. Dog Bite Statistics The Centers for Disease Control and Prevention estimates that about 36 percent of Americans have at least one pet dog. Their data indicates that 4.5 million dogs bite the public each year, and 20 percent of the bite sites become infected. If you were attacked by a dog, it may be wise to consider discussing your case with a seasoned personal injury attorney. A competent Encino or Los Angeles dog bite lawyer may be able to hold the pet owner accountable and recover compensation on your behalf. Dog Bite Injuries in the San Fernando Valley Because canines have about 60 forms of bacteria in their mouths, dog bite victims may become ill after being bitten. Possible post-bite diseases include MRSA, rabies, and Pasteurella. These diseases can be serious and painful. A dog owner might become liable for any illnesses or infections that flow from their pet’s bite or attack. Complications from infections after even the smallest bite may lead to hefty medical bills and missed work. Moreover, they may cause mental anguish and a great deal of pain. People who have suffered a dog bite may have nightmares and other post-traumatic stress in addition to the physical effects of the bite. A capable Encino dog bite attorney may be able to assist the victim of a canine attack with recovering compensation for their injuries.

Step One-Medical Attention Your health and well-being come first, so if you have been injured, you must seek immediate medical attention. Call 911 or request someone to call for an ambulance. Emergency personnel may arrive to the scene and transport you to the closest hospital. If given the choice, I suggest opting for going to the emergency room to make sure you receive immediate medical attention. If pain or symptoms persist after your accident, do not hesitate to go to the hospital or your primary care physician for immediate attention. Step Two- Evidence Gathering If you are able, gather all necessary information about the parties involved in your accident, including gathering insurance information, driver’s licenses, and witness contact information. Take photographs of the scene, vehicles involved, and your injuries. If police arrive to the scene, do not admit fault to the police officer prior to a thorough investigation by your attorney. Follow up with the police department and get a copy of the incident report. If unable to do so, your attorney will be able to obtain the incident report. Step Three- Contact An Experienced Attorney If you have been injured in an accident, you need to consult a skilled law firm with experience in handling personal injury claims. Do not speak to anybody else about your case before speaking with an attorney, especially any representatives from the other party’s insurance company. An experienced attorney is critical to a successful outcome of your personal injury case as they will have the resources to conduct a thorough investigation of your case, gather all the necessary evidence to prove you were not at fault, and will be able to assist in your medical care to ensure that all of your injuries are accounted for a treated by only the most qualified medical professionals. Step Four- Building Your Case After consulting your attorney, the most important thing to do is to treat your injuries and attend all scheduled medical appointments. Being diligent about attending your medical appointments not only ensures a healthy recovery from your injuries but will also maximize compensation for your injuries. The reports and bills from these medical appointments evidence your injuries, the affect those injuries have had on your life, the pain and suffering you have undergone as a result of your accident, and the monetary cost of your medical treatment.

This is a video from one of my employees about what you should do if you are injured in an any type of accident (car accident, slip & fall, trip &fall, dog bite, etc.) Please contact our office if you are injured in an accident and have any questions.

Can you get a second opinion as to the HIE cause? To ask the question another way, if you have questions as to what caused your child's HIE diagnosis can you get a second opinion? For families navigating the world of HIE, the cause of the diagnosis in their baby can be somewhat confusing, especially when mom had an uneventful pregnancy. By uneventful I mean that mom was consistent in her appointments and did not have any issues during pregnancy. However, at the birth of the baby it is determined that there is a HIE diagnosis and a brain injury. In this birth injury article, I will explain why if your questions are not being answered as to the cause of the baby’s HIE diagnosis, then it is ok to get a second opinion to better understand he diagnosis and what may be ahead for your baby. HIE OR HYPOXIC ISCHEMIC ENCEPHALOPATHY HIE is a medical condition that can occur during labor and delivery when a baby has a reduced level of blood and oxygen. For the purpose of this article, I am going to focus on HIE in the context of labor and delivery. While it is true that a baby can have a reduced level of blood and oxygen during pregnancy, it will not always hold that this is when the reduced level of blood and oxygen occurred. In some cases, the reduction in blood and oxygen will be because of something that was done or not done by doctors and nurses during labor and delivery. One tool that doctors and nurses can use during labor and delivery to ascertain whether the baby is tolerating delivery is the electronic fetal heart monitor. This device can not only inform doctors and nurses of a baby's heart rate during labor and delivery, it can also help determine acceleration or deceleration patterns. It can also track things like variability. When the monitor is suggesting that the baby may be in fetal distress, doctors and nurses have to properly diagnose the condition and treat it appropriately. Failure to properly diagnose and treat fetal distress can cause a baby to suffer a reduced level of blood and oxygen thus experiencing a brain injury. Remember what I said above, that HIE is in simple terms is a reduction of blood and oxygen causing a brain injury. A SECOND OPINION AS TO THE HIE CAUSE? For some families, questions will arise as to the cause of the HIE diagnosis when the facts of the matter do not align with the reasoning. One example of this can be when the calls of the diagnosis is due to genetics. How this can happen is that the doctors may say that a genetic condition is the cause of the brain injury, but when the families follow up with the listed symptoms of the genetic diagnosis, they do not match up with what is going on with the baby. When issues like this arise, and it seems that doctors are not explaining these inconsistencies, families can have even more questions. It is here where the question of can we get a second opinion as to the HIE cause presents itself. In my opinion, if you think that a second opinion would help with your baby’s diagnosis and treatment, getting the second opinion is something you should do. Parents should never be afraid to advocate on behalf of their baby. The second opinion may confirm what the first doctors are saying. However, it might give an alternative reason. At the end of the day, it is answers that you need! WANT TO TALK ABOUT YOUR BABY’S HIE DIAGNOSIS?? If you have more questions about these issues, then you should pick up the phone and call me. I talk with families all the time about HIE, CP, MAS, and other birth related issues all the time and I will be happy to talk with you. I can be reached for further discussion at 301-850-4832. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

One of the more interesting questions that we can get when parents are looking to have an investigation done into cause of their child’s HIE diagnosis is what is a role for parents in a HIE claim? As I gave this question thought, I began to realize that this issue presents itself in many ways during these types of cases. With that said, it is important for parents to not forget, with everything going on, their role as an advocate and care provider for their baby during this time. In this short birth injury educational article, I will help you understand the roles of each of the adult parties in these types of cases. As with many specific issues, if you have specific questions about your situation you should direct them to your attorney. THE ROLE OF THE ATTORNEY IN A HIE CLAIM… When a family reaches out to an attorney regarding an investigation as to the cause of their baby’s HIE diagnosis during birth, one of the most important things that attorney can do is work it get answers for the family. This is because with some families, answers may be limited. For example, some parents who I speak with have little understanding of some of the key issues which may have been present during labor and delivery. Was the baby in fetal distress? What were the reading on the electronic fetal heart monitor? Should an emergency C-section have been performed based on what was happening; or was the C-section performed but it was delayed? All of the above, and more, are but some of the areas in which an attorney will investigate for a family when looking to find answers. In some cases, the investigation may reveal that the cause of the HIE diagnosis had nothing to do with the medical professionals. In other words, there was not a departure from the standard of care which caused the injury. On the other hand, in some other cases the cause of the HIE diagnosis had nothing to do with genetics or developmental issues, but it was because of failures on behalf of doctors and nurses. If there are answers to the questions posed by parents of children with HIE they deserve to have those answers. A ROLE FOR PARENTS IN A HIE CLAIM One important role for parents when dealing with an HIE claim is to continue to advocate (look out for their baby’s best interest) for their baby. Another way to put this is to keep doing the things that you are doing for your child. Let the attorneys worry about the “legal stuff” and you keep doing the day to day things that your child needs. For example, taking your baby to treatment appointment, or other types of appointments. If physical therapy is needed, for example, then continue to support your child during their physical therapy appointments. Same can be said for seizure studies and any other type of treatment. Taking the time to “worry” about the legal aspect of things can add another burden that is not needed for you or your family. So, to re-cap, when thinking about a role for parents in a HIE claim, it is best to have the parents continue to advocate for their child and leave the “legal stuff” to the attorneys. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

Paying for HIE future is a concern for many parents, as the cost in general for medical care in the United States can be staggering, especially for long term care conditions. For some of the families who contact us, especially when they think that their baby’s HIE diagnosis was through no fault of their own, trying to deal with the costs of future care is of serious concern, and rightfully so! Below I will discuss one tool that HIE and birth trauma attorneys use when advocating on behalf of a baby and family. Although sometimes government aid can be offered, there can limits to this aid and other stipulations, in some cases. WHY WILL SOME HIE BABIES NEED HELP WITH FUTURE CARE? HIE, or hypoxic ischemic encephalopathy is a medical condition that, according to some research, can impact around 2-3 babies per 1000 births. The outlook, or prognosis for a baby with a HIE diagnosis will vary from child to child, with a focus on the severity of the injury and what part(s) of the brain is injured. For example, if the basal ganglia area of the brain is injured, then movement can be impacted due to the injury. How this injury can play out for a baby is that as the he or she gets older, problems with movement and posture can occur. This can mean medical devices may be needed to assist with movement. In addition, if there are feeding issues associated with the injury, then feeding tubes and other devices may also be needed to support the baby. These are but some of the areas of need regarding future care for a baby with a HIE diagnosis that has impacted his or her life. As I stated above, all these things, and more come with a financial cost. PAYING FOR HIE FUTURE CARE… One way in which attorneys who handle birth trauma cases help families with paying for HIE future care is through the deployment of a life-care plan. A life-care plan is created by a professional who is certified in life-care planning. This person can be a vocational rehabilitation specialist or have medical or legal training. To be able to get a good feel for the needs of the baby and the family, the certified life-care planner might come out to meet the family and do a day in the life of the family. The purpose of the visit is to see how the family interacts and goes about their day. In addition to looking at the family interactions, the life-care planner will also note the needs of the baby. When noting the needs of the child, the life-care planner will note how long these needs to have to be met, and the financial cost associated. For example, of there are bowel related issues, which cannot be corrected, diapers and wipes will have to be factored into the child’s lifespan. In addition, let us say that the baby will need wheelchairs (costs associated with the chairs will be factored in also) for life, and the family lives in a two-level condo with stairs. The life-care plan will have to reflect the need for home renovations if possible or the purchase of a new home. TYING ALL OF THIS TOGETHER… A life-care plan is something that is calculated into the damages portion of a birth trauma claim. This is the portion that explains how much you need a jury to order the defendant(s) to pay so the baby and family can be made whole. The same for a settlement/mediation agreement. Because many of these children will need help far into the future, it is here where the expertise of attorneys like myself is important. Some parents, because this is all so foreign, do not immediately see how these issues can play out over time. If your baby has been diagnosed with HIE and you would like an investigation done into whether the doctors and nurses missed the condition and my doing so, failed to properly treat it, this is what I invite you to do. Pick up the phone and call me. I talk with families all the time about MAS, HIE, CP (cerebral palsy) and I would be happy to listen to your story. I can be reached at 301-850-4832. Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP