Personal injury settlements are agreements made between the two parties of an injury lawsuit. They outline the compensation that an injured party receives.
Deaths from San Francisco Big Rig Accidents Are on the Rise Deaths from San Francisco big rig accidents are on the rise. While trucks grow the economy by moving tons of cargo between states, these large carriers are also responsible for thousands of crashes every year, many of which are fatal. Those who do make it past a big rig accident suffer severe injuries and incur high medical treatment costs, lost wages from time away from work, lost earning capacity and loss of enjoyment of life. If you have been involved in a big rig accident in San Francisco, you may want a San Francisco big rig accident attorney to help you navigate the post accident process. Many big rig accidents are the result of negligent or reckless driving. This is actionable in court. If you or a loved one was involved in an accident with a large truck, consult a San Francisco big rig injury lawyer today. Big Rig Accidents Rising – What Data Shows The Federal Motor Carrier Safety Administration (FMCSA) regulates interstate commercial driving and reports on trucking safety. This is what its most recent report on large truck accidents shows: In 2015, as many as 4,050 large trucks were involved in fatal crashes, an 8 percent increase from 3,749 in 2014. The large truck fatal crashes resulted in 4,067 fatalities in 2015, 667 of which were large truck occupant deaths. In 2014, the number of fatalities was 3,908, 656 of which were large truck occupant deaths. Large truck fatal crash involvement rate per 100 million miles covered also increased from 1.34 in 2014 to 1.45 in 2015. In 2015, 87,000 large trucks were involved in injury crashes while 346,000 were involved in property damage only crashes. Overall, both large truck fatal crashes and fatalities in large truck accidents have risen more than 20 percent since 2009. A Look at California Locally, there were 271 fatal crashes involving large trucks in California in 2015, five accidents more than in 2014. These accidents resulted in 296 fatalities. According to the FMSCA report, 60 percent of all fatal big rig accidents occurred on rural roads. Only 25 percent occurred on interstate highways. In addition, 75 percent of fatal crashes occurred during the day and majorly on weekdays (83 percent). What Causes Big Rig Accidents? The US Department of Transportation reports that close to 90 percent of large truck crashes are caused by human fault; either the driver was negligent, reckless, careless or distracted. This happens when the driver is: Distracted by devices such as mobile phones Excessive Speed Fatigued (30 percent of truck crashes were caused by driver fatigue) Intoxicated Insufficiently trained Violating traffic rules Non-human related causes of truck accidents include: Bad weather Obstructions on the road Poor road conditions Defective vehicle equipment Impact of Big Rig Accidents Because of the sheer size of big rigs, accident victims suffer severe injuries that include: Broken bones Loss of limbs Neck and spine injuries Brain injuries Permanent scarring Bruises, cuts and lacerations In the worst cases, these injuries cause death. Victims have to incur high medical bills because of their injuries. In fact, fatal trailer accidents cost Americans over $20 billion each year, Find more of our auto accident articles using the link below https://www.deldarlegal.com/bus-accident/san-jose-bus-accident-lawyer/ https://www.deldarlegal.com/auto-accidents/west-covina-car-accident-lawyer/ https://www.deldarlegal.com/auto-accidents/the-three-types-of-distracted-driving/ https://www.deldarlegal.com/auto-accidents/common-myths-about-auto-accident-coverage/ https://www.deldarlegal.com/auto-accidents/what-if-i-was-at-fault-in-the-car-accident/ https://www.deldarlegal.com/big-rig-accidents/los-angeles-big-rig-attorneys/ https://www.deldarlegal.com/bus-accident/fault-municipal-bus-accident/
After suffering a dog bite injury, you will probably be contacted by the other side’s insurance company. It may seem tempting to take the initial settlement offer, because you may feel like moving on from the incident as soon as possible. However, this may not be in your best interest.
When settling a case, the final settlement number may not be your final number. When a person suspected that a family member or themselves have been a victim of medical malpractice, there are certain things that they need to know. When people feel that the treatment they received or a loved one received was negligent, many thoughts race through their heads. One major thought is, “they did this to me, so they should have to pay.” THEY DID THIS TO ME SO THEY GOT TO PAY! On the surface this is an easy statement that should be true, right? The injured party should be made whole for the costs associated by the negligent act of a doctor or hospital. However, it is not that easy. To get to the point in the conversation where money is discussed a whole investigation and in many, many cases, suit must be filed. This article does not deal with what is required to bring forth a suit. Marcus and I have covered the minimum requirements in many articles and videos over the years. The purpose of this article picks up from the point where a case has been filed and is in the process of litigation. Suppose that you are at the point where you are trying to decide whether to enter into negotiations and attempt to settle your case, or if you should move to trial. Of course, each case and each client is different. Sometimes the defense does not make an offer or will not attempt to negotiate a settlement. In those instances, there’s not much that can be done other than a trial. However, if you have an active negotiation, whether it be a formal mediation or a more informal negotiation, there are several pieces of information to take into consideration before saying, “I accept.” First, when you say accept, that ends the litigation aspects of the case. What is left is for the attorneys to hash out any specifics when it comes to form of payment, disbursement of funds or setting up a certain type of account for the funds. FINAL SETTLEMENT NUMBER MAY NOT BE YOUR FINAL NUMBER When you hear the numbers regarding settlement, remember that main number is what the defense is willing to pay to end the entire case. Anything that you are responsible for paying will be subtracted from that amount. For example: if you are responsible for litigation fees, costs of your experts, medical bills, legal fees, etc, you should take these all into consideration when deciding whether to settle. Many attorneys and firms who handle medical malpractice cases work on what is called a contingency fee. Contingency fee in its most basic form, means the firm or attorney does not receive a legal fee if you do not recover in your case. Their payment is contingent (or dependent) on your payment. Some firms still charge costs or litigation fees regardless of whether you recover. Others may only recover any costs, fees that they bad when you recover. Medical bills may need to be repaid, too. However, that is case specific. Here is a general example of how your final settlement number may not be your final number: The defense offers you a settlement of $200,000. Your medical bills total $50,000. Your experts have submitted bills totaling $8,000. Your attorneys have spent $7,000 to file suit and litigate your claim. In addition, you and your attorney have negotiated a 35% legal fee. Your net would be $65,000. Now can you see how your final settlement number may not be your final number. Now you can see how a final settlement number may not be your final number. Before deciding whether to settle your case, be certain that you have an understanding as to what costs and fees and been extended on your behalf and understand what bills, if any, need to be repaid. The choice as to whether to settle your case or go to trial is yours. However, you should have all the information before making your decision. J. Renee 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
Auto Crash Motorist Reminder 1) State law requires all motorists involved in an accident to immediately stop at the scene or as close as possible to the scene without obstructing traffic. Motorists are required to immediately return and remain at the scene of the accident if the vehicle is not stopped at the scene of the accident. 2) If an accident occurs on a busy roadway and the vehicle is drivable, motorists are encouraged to move to the nearest side street or parking lot if possible. State law requires law enforcement officers to investigate all accidents on public roadways involving at least $1,000 worth of damage and all accidents that result in either injury or death. 3) Motorists are required to exchange all necessary information for accidents involving less than $1,000 damage that occur on public roadways. Motorists are also required to exchange all necessary information for accidents that occur on private property regardless of the amount of damage involved. Officers will respond to crashes that occur on private property if one of the drivers does not have insurance. 4) All operators involved in accidents are required to exchange necessary information consisting of: name, address, driver license number, license plate number and insurance information. It is also recommended that operators exchange phone numbers. If a motorist strikes an unattended vehicle, they are still required to leave the necessary information with the vehicle involved. 5) Officers will investigate crashes that occur on private property for the following reasons: A) They result in either injury or death. B) They involve drivers who are under the influence of alcohol or a substance other than alcohol. C) Hit & Runs with credible evidence such as license plate information, surveillance footage, etc. Credit: https://www.odessa-tx.gov/Home/Components/News/News/8984/29?npage=12 xxx xxxx
Washington Case Laws on Subrogations The Washington State Supreme Court specifically holds in Liberty Mutual v. Tripp, 144 Wn.2d 1, 22, 25 P.3d 997 (2001), that there is no presumption of full compensation simply because a plaintiff settles for less than policy limit. The issue of full compensation is a factual question that may be determined by the jury. There, Liberty mutual relied on Allstate Insurance co. v. Batacan, 89 Wash.App. 260, 266, 948 P.2d 1316 (1997), for the proposition that the insured settles is impliedly fully compensated. The court in Tripp overruled Batacan. See, Allstate Insurance co. v. Batacan, 139 Wash.2d 443, 986 P.2d 823 (1999). Truong v. Allstate (2001). In Truong, the court sided with Allstate ruling that accepting less than the policy limit of $25,000 not because Truong was not made whole but because Truong failed to meet his burden of rebutting the evidence set forth by Allstate that was fact-specific to prove Truong was not made whole. There, Truong relied on two paragraphs of expert opinion by an attorney, which the court found entirely conclusory and unsupported with facts. Thus, both 1st party and 3rd party in that agreed on 50% property damage liability and the adjuster thought he was paying out at 50% liability. Elovich v. Nationwide Ins. Co., 104 Wn.2d 543, 556, 707 P.2d 1319 (1985), our Washington State Supreme Court cited for the proposition that the insurer "is entitled to recover only if the released entities' negligence exceeded the settlement figure as a percentage of the plaintiffs total injuries." The Elovich court explained: In other words, to establish prejudice [the insurer] must show (1) the percentage of negligence of [each of three tortfeasors]; (2) the total losses the plaintiff suffered; (3) that the settlement as a percentage of plaintiff's total injuries was less than the percentage of the settling entities' comparative negligence. Only if the latter percentage exceeds the former will [the insurer's] subrogation rights have been prejudiced. Otherwise the rule from Thringer v. American Motors Ins. Co., 91 Wn.2d at 222, applies: the insurance company's subrogation rights arise only after the plaintiffs have received full compensation for their injuries. The Defense case other than Truong v. Allstate Some insurances will relied on Hall v. Encompass ins. co. which relied upon Peterson v. Safeco ins. Wash. Ct. App (1999), which, in turn, relied on a decision of the Court of Appeals in Allstate Ins. co. v. Batacan (1997) to argue that settlements for less than the tortfeasor's liability limits raise a presumption that the insured have been made whole. However, the Washington Supreme Court in Liberty Mutual v. Tripp, 144 Wn.2d 1, 22, 25 P.3d 997 (2001), had put this issue to rest by overruled Batacan. Further, there is no other precedent cases for a position that settlement for less than the tortfeasor's liability limits magically give raises to a presumption of full compensation.
So, the question presented is why does money matter in a medical malpractice case? This is an interesting question because from time to time we are contacted by individuals who strongly suggest, and in some cases state, that they are not bringing their case because of the money aspect of things. For example, some will focus on getting the doctor to “admit” that they did something wrong or was the cause of the client’s injury. In this article I will explain why does money matter in a medical malpractice case. At the conclusion, you will see why attorneys run an analysis of the financial aspect of the case. MARYLAND LAW WILL REQUIRE THAT MONEY IS SPENT… Before stepping into a Maryland circuit court (if this is where you file your case) you will more than likely must spend money. This is because of what is required to get your case to circuit court. You will have to have medical experts who will review your case and give an opinion as to certain issues which are present in your case. The law is that a medical expert(s) has to give an opinion as to whether the treating doctor fell below the standard of care, causing your injury or harm. These experts will come to these conclusions by reviewing all the necessary medical records and facts of the case. Why does money matter in a medical malpractice case? Well, these medical experts are rarely handling these cases out of the goodness of their hearts. In other words, they want to be paid for the work performed, and rightfully so. Many law firms in Maryland that handle these types of cases will “front” the costs associated with these experts and be repaid the costs at the conclusion of the case. Please remember, that it will be your responsibility to determine whether the law firm you are hiring will front your costs or have you pay for them upfront at the start of the case. This is an important issue and you want to make sure that you have a good understanding before you sign a contract with an attorney/law firm. WHY DOES MONEY MATTER IN A MEDICAL MALPRACTICE CASE? When you speak with an attorney, more than likely they are going to see if the amount that you can recover for your case will be enough to overcome how much it will cost to try the case. Therefore, money matters because if the client will be upside down with the case, then it may not be in the client’s best interest to more forward on a medical malpractice case. What all of this means is that it is not enough to bring a medical malpractice case to have the doctor “apologize” for what was done, or have the hospital admit something one way or another. This is not how the process works. Another point to make on this issue is that the job of the court in cases like this is to order the defendant(s) to pay money to make you whole for the injury and damages experienced. The court is not able to do anything else. DO YOU HAVE MORE QUESTIONS? You can speak with me further about this process by calling me a 301-850-4832. I would be happy to talk with you about your situation. 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
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Only a lawyer will be able to estimate the value of your settlement, but calculating your damages will give you an idea of what to expect.
What you say to the insurance company will impact their settlement offer.