Pennsylvania Personal Injury attorney Tim Rayne offers a legal tip “Why Should I “Stack” My Uninsured/Underinsured Coverage in Pennsylvania?” If you have more than one vehicle insured on your car insurance policy, you are permitted to “Stack” your Uninsured/Underinsured Coverage. “Stacking” multiplies the coverage limit by the number of vehicles and greatly increases your protection at low cost. If you would like advice on car insurance or accident issues, contact Tim at 610 840 0124 or trayne@macelree.com.

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Your Medical Doctor or Chiropractor has released you from treatment for your motor vehicle accident and enough time has passed so you’re about to position yourself to sit down with Adjuster Henry Hard-Nose. His employer is Rock Solid Insurance, the company who insures Fred Fuddle, the individual who plowed into your rear end, smashing you with a tremendous crash which was responsible for your injuries plus the “Pain and Suffering” you’ve had to endure.

To be adequately compensated for what you’ve gone through you must have accumulated what’s identified in the world of insurance claims as “Special Damages”. Those are your Medical bills, your Lost Wages plus every dollar paid out to help with your recovery. When building the value of a personal injury claim there are several key elements you should be aware of:

LIABILITY: In the vast majority of motor vehicle accidents it’s clear who was at fault. Assuming that Fuddle struck you a mighty blow in the rear end (rear-enders make up well over half of the motor vehicle accidents that take place in the United States each year) yours is a case that must be settled. (Final Statistics prove that in 83% of accident’s that took place in 2003 it’s clear who was at fault) !

The very doubtful liability case has little, if any, settlement value. If that’s the situation you should obtain the services of the local Legal Beagle who does a good job at that, Attorney I.M. Greedy. But, if you do, be very careful when you sign Greedy’s “Contingency Fee Agreement”. Read it closely. Don’t sign anything that will let him charge you one penny, other than his normal fee. Do not – - in any way whatsoever – - allow him to chisel any money from you, for his out-of-pocket expenses. All Greedy should be compensated for (if he’s successful at busting loose some bucks from Rock Solid) is his fee and that should be no more than the usual locally published accepted percentage of the total recovery.

TYPE OF INJURY: If there are severe injuries (which make up only ten to fifteen percent of all motor vehicle accidents) you should obtain the services of a lawyer. But, if you’ve had minor injuries like whiplash, bumps, bruises, sprains and/or strains (and it’s clear you’re not at fault) you can handle and settle the claim yourself.

TYPE OF PERSON YOU ARE: Rate yourself and be brutally honest. You’re most likely an average motor vehicle owner/driver, living a normal life. But, if you’ve spent some time behind bars, have a criminal record, or a history of character defects that often get your butt in a jam with the local cops (and this is well-known) you must take those facts into consideration when forming expectations regarding what your case is worth.

THE TYPE OF PERSON FRED FUDDLE IS: The better Fred Fuddle looks, or the better the “entity” “(Fuddle’s business or company, etc.) appears, the better for Rock Solid. But, if Fuddle is a known bookie or drug dealer, they’re in deep “stuff”. On the other hand, if Fuddle is a well-loved philanthropist, that can be a plus for Rock Solid Insurance. Or if the vehicle that struck you was a van driven by Pastor Frederick Fuddle, and the named insured is The Fuddle Camp For Lost Souls, that can be a plus for Rock Solid.

But, if the “entity” that hit you was a dilapidated junk pile on wheels operated by Fred “Goof-Ball” Fuddle, and the named insured is The Fuddle Rotted Cow Manure Corporation, that will obviously not be favorable for Rock Solid.

DAMAGES: There are “Medical Special Damage” Expenses, “Non-Medical Special Damages” Expenses, and/or your “Property Damage” Expenses.

MEDICAL SPECIAL DAMAGE EXPENSES: These typically include Cost of Ambulance, Emergency Room, Hospital and/or Clinic Charges, Chiropractor, and/or Dentist, Over-The-Counter Drugs and/or Prescription Medications, Laboratory Fees and Services, Diagnostic Tests: X-Rays and (CT) Scan, Prosthetic Appliances or Surgical Apparatus, (Cranes & Crutches), Physical Therapy, Registered and/or Practical Nurse Fees, Ace Bandages, Gauze and Tape, Heating Pads, Creams, Lotions, Ointments, Balms and Salves.

When it comes to listing your Medical Special Damage “expenses” don’t overlook one single dollar because, when it comes time to settle your claim, that dollar can increase the value of your payment for “Pain and Suffering” by a multiplier of four or even five! (Yes, that means a $20.00 bill can be worth $80.00 to $100.00 more ,in your pocket, from Rock Solid Insurance, at settlement time).

NON-MEDICAL SPECIAL DAMAGES: These typically include Lost Wages and Earnings, Lost Vacation time and/or Sick Leave, Travel Expenses (car rentals, public transportation, expenses incurred getting to and from your Chiropractor and/or hospital and/or physical therapy “treatment” of some sort) Household Help during disability and/or Child Care. Be sure to obtain written proof of such “Non Medical” Special Damages.

LOST WAGES: The income you lost, because you were unable to work, is an area where adjusters take terrible advantage of the typical claimant because they know so little about it.

Commissions and overtime can make a huge difference in your lost earnings. Be sure to get a letter from your employer, on their official letterhead, explaining that in detail. Or, if you’re self-employed, get this information stated on your accountants letterhead.

The time you miss from work (thus the money you may have lost) is calculated and this element constitutes what is known as “Lost Wages” or “Lost Time Verification”. In most situations you’re entitled to compensation for lost time and earnings, even if you have no actual loss of money! Such as, for example, when your salary is paid by your company insurance coverage, or by taking sick leave, or some similar arrangement.

Even if you’re salaried you should obtain a “Lost Earnings”, or “Time Lost Verification”, in writing on your employer’s letterhead.

IF YOU’RE SELF-EMPLOYED: To prove your lost earnings you’ll probably have to assemble some inside information for Hard-Nose. If you don’t like the idea of submitting private documents to him, in the privacy of your home or office, just think how you’d feel about producing them in the non-private environment of a courtroom. When a case goes to trial, and if you want to prove your damages so as to collect adequate compensation, that’s your only alternative.

TWO CRITICAL AREAS REGARDING LOST WAGES: Did the injury necessitate a change of job or employment at a lesser rate? Or, did the injury allow your going to work but only on a part-time basis? If the answer to either question is “Yes”, it would be wise to ask your employer to document these facts on their letterhead.

IT’S CRUCIAL FOR YOU TO KNOW: Even if you’ve been paid while out of work, you can still compute your time lost from work as “Lost Wages” .

PROPERTY DAMAGE EXPENSES: These typically include Motor Vehicle Repair, Damaged Clothing, Broken Glasses, cost of Substitute Car Rentals, Towing and Storage. Make copies of all bills relating to any of your property damage expenses. Keep the originals. Be sure to have these in your possession when you and Hard-Nose plunk yourselves down to “Talk Turkey”. Photocopies are sufficient to give him.

YOUR AGE: Because of their obvious innocence, insurance claim accident victims, up to the age of 12, generally have excellent settlement results. Those in their teens, and into their late 50’s, fall into a fairly normal category because they’re generally considered to be at the height of their physical stamina. Those in their late 60’s, and over, usually fare extremely well; primarily due to the sympathy that’s often invoked, from a judge or jury, because of general attitudes regarding frailty and the elderly.

MOST IMPORTANT TO REMEMBER:The information Hard-Nose places into your file plays a major role in the ultimate value of your claim. Never underestimate the importance of his impressions and conclusions! Should, one day, your case ends up in front of a judge, or jury, what Hard-Nose feels, observes and then reports into your file at Rock Solid about you, his insured Fred Fuddle, and/or possible witnesses, etc., (in addition to the information you’ve documented for him) could have massive influence on the value of your claim – - especially if Fuddle is a loser and he’s absolutely in the wrong. At that point the only thing stalling a settlement is the amount of money it’s going cost to get rid of you.

And, should your file end up in the hands of the local defense attorney for Rock Solid Insurance, all the positive factors about you, your injury and liability, will cause him to gasp, “Hey, what’s going on here? My legal fees will be higher than the few hundred more bucks this one can be dumped for.”

The bottom line: Your out-of-pocket expenses correctly recorded and presented, your injury information properly documented and your lost wages clearly established will seriously increase the dollar value of your personal injury claim.

QUESTION: How does Dan know this to be true? ANSWER: “Because for 38 years Dan was right there, where he saw and done that” !

Copyright (c) 2005 by Daniel G. Baldyga. All Rights Reserved

DISCLAIMER: The purpose of this “How To” Insurance Claim Article “PLACING A VALUE ON YOUR PERSONAL INJURY CLAIM” is to help people understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee of any kind whatsoever, NOR do they purport to engage in rendering any professional or legal service, NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like. Wherever such professional help is desired it is the INDIVIDUAL’S RESPONSIBILITY to obtain said services.

Dan Badlyga has had 3 “How To” Insurance Claim books published, the last being AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM (How To Evaluate And Settle Your Loss) which can be found on the internet at http://www.caraccidentclaims.com or http://www.autoaccidentclaims.com.

This book explains, in simple language, “How To” handle your motor vehicle property damage and/or personal injury claim. It also contains BASE (The Baldyga Auto Accident Settlement Evaluation Formula). THE BASE FORMULA will explain how to determine the value of the “Pain and Suffering” you endured – - because of your motor vehicle accident injury!

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PROPERTY DAMAGE SERIES: In this video, Austin, Texas personal injury lawyer Brooks Schuelke answers the question, “If My New Car Is Totaled In A Car Wreck, Am I Entitled To Another New Car?” To view additional videos in the series or to learn more about personal injury claims, visit his website at www.civtrial.com .

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Technology has linked its way into just about every facet of human lifestyles. For your edification, this continuing discussion, as well as an addition to previous study formats. In offering this informational passage, the legal system is just one more profession that has been conquered by technology.

We are aware of the court stenographers and PC’s that record and track our legal system, but what about the C.G.A. System? The Computer Generated Animation Presentation can be admitted into our American Court System. Admissible Evidence in criminal trial(s) has been recorded as a precedent case ruled on by the Supreme Court. As reported by Asher Hawkins, of the Legal Intelligencer, differing arguments by six Pennsylvania Supreme Court Justices concluded that a Lackawana Common Pleas Judge properly admitted the use of CGA during a first-degree murder case in 2002. CGA has been portrayed on various television shows such as CSI Investigation(s) and Crime 360.

Justice Sandra Schultz Newman wrote, “Society has become increasingly dependent upon computers in business and our personal lives…” She went on the say, “With each technological advancement, the practice of law becomes more sophisticated and commensurate with the need to shed any techno phobia and become more willing to embrace the advances that have the ability to enhance the efficiency of the legal system.”

Prosecutorial teams, including Forensic Pathologists and Crime Scene Reconstructionists presented a murder case to the jury; the prosecutor’s version…the defendant did not possess and/or have access to this tool. One argument against this procedure in court is of a defendant, a poor person, is able to commission an equivalent production. In other words, would the defense be able to match the expenses associated with the prosecutions presentation to the court? Another justice suggested it would be wiser to exclude CGA evidence if an indigent or poor defendant could not afford the costs of “equivalent production.” The basic cost could be upwards of $20,000.00. Another legal professional commented on whether the cost(s) of CGA was worth the expenditure. The justices also took note on the fact that CGA’s are becoming increasingly less expensive to produce and could be a vital tool in the rapid expedition of court cases. In any case, pre-trial motions that include CGA evidence should be treated with respect. Jury instructions and indigent (lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished, destitute) defendants are needed with the court’s permission for the presenting of such evidence.

The judges position was to make certain that Computer Generated Animation was fair and accurate while permitting defendants an opportunity to challenge its foundation. It has also been noted by the justices, to make clear to the jury that it was not meant as a re-enactment or simulation, but merely an expression of opinions formulated by expert witnesses. Another justice stated his position…”I think it’s a valuable tool, but a tool that needs to be used sparingly. I don’t think it’s necessary in every case.” Newman also wrote, “The difference is one of mode, the law does not, and should not; prohibit proficient professional employment of new technology in the court-room. This is, after all, the 21st century.”

Each state has its own court system. There’s also a system of federal courts. Decisions made during adjudication by federal administration agencies may be appealed to a federal court. Similarly, decisions made by state administrative agencies may be appealed to a state court. The definition for adjudication (adjudicate) is to render a judicial decision. In the administrative process, the proceeding in which and administrative law judge hears and decides on issues that arise when an administrative agency charges a person or a firm with violating the law or regulations enforced by the agency. An administrative agency is a state or federal government agency established to perform a specific function. Administrative agencies are authorized by legislative acts to make and enforce rules to administer and enforce the acts.

Typically, a state court system will include several levels, or tiers, of courts – (a) trial courts of limited jurisdiction, (b) trail courts of general jurisdiction, (c) appellate courts, and (d) the states highest court (often referred to as the State Supreme Court). Anyone who is party to a lawsuit has the opportunity, and/or right, to plead his/her case before a trial court and then if he/she loses, before at least one level of appellate court. Furthermore, if a federal statute of federal constitutional issue is involved in the decision of the State Supreme Court, that decision may be further appealed to the United States Supreme Court.

Have you ever wondered, with all the juris prudence (the science or philosophy of law, a body or system of laws, a department of law, Civil Law. decisions of courts, esp. of reviewing tribunals) activities flooding the land, how could the legal system function without technology?

Monica Bay, of Law Technology News, reported of lawyers at small firms, especially solo practioners, have resisted adopting practice/case management (CMS) software – even though there’s no doubt that it can help firms deliver faster, better, and cheaper services to their clients. Several observers suggest that the initial threshold of setting up a management system intimidates firms. A software consultant, Tom O’Connor said, “Everybody loves technology but hates installing it.”

Project Management has not been a topic stressed in many schools, according to an independent IT consultant from Minneapolis. A successful project management is dependent upon a large network of personnel. An effective Electronic Data Discovery (EDD) Project Network includes: clients, partners, legal IT staff, associates, paralegals, inside counsel, service providers, and technical experts. Without a doubt, the use of (PM) Project Management to mitigate risk while delivering consistent, quality results that represents significant benchmark(s) in the maturing process of the EDD environment.

Used in many corporations to increase productivity, quality control programs such as Sigma Six, have been generating interest. Understanding why and where problems occur has a great impact on the decrease in mistakes. The application of these principles and practices on Electronic Data Discovery processes improve a lawyer(s) result(s) with increased quality and decreased costs. Reasons for rising interest in Project Management are recognition in the success depends on effective management.

Mitigating risk and lowering cost by applying “Electronic Discovery Techniques” offered a myriad of considerations, for example, matching time tables, securing outside IT experts, propose and follow “E-Discovery” protocol, engagement of a special master to monitor compliance and resolvement of disputes, use of checklist(s) containing critical steps and reminders for every step in and of a project, working service providers, working with attorneys to find answers to the right questions, as managing vendors require special attention to service level agreements (SLA’a).

Meanwhile, discover these definitions/terms of legal jargon that may help you in your administration, business, everyday life, and tech studies:

Subrogation – any right a creditor has against a debtor now becomes the right of surety. Inclusive are creditor rights in bankruptcy, rights to collateral possession by the creditor, and rights to judgments secured by the creditor – the surety now stands in the shoes of the creditor against the debtor.

Indemnification – The right to pursue guaranteed reimbursement/payment to a director for legal costs, fees, and/or judgments involved in defending corporations – (clients) related law suits. Simply put the right to compensation for services as directors (representatives/attorneys).

Habeas Corpus – held against your will – against your constitutional right(s), a writ requiring a person to be brought before a judge or court, esp. for investigation of a restraint of the person’s liberty, used as a protection against illegal imprisonment, one of a variety of writs that may be issued to bring a party before a court or judge, having as its function the release of the party from unlawful restraint.

Writ – a legal order, a document of the court.

Tort – personal injury, a civil wrong not arising from a breach of contract…a breach of a legal duty that proximately causes harm or injury to another.

Posterity – the offspring of one progenitor to the furthest generation; descendants; all future generations; succeeding or future generations collectively; Judgment of this age must be left to posterity; all descendants of one person.

HIPPA – The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted to ensure that personal information stored, accessed or processed adheres to a set of guidelines or “security rules.” These rules outline security measures that should be implemented to adequately secure all electronic protected health information (EPHI). LogRhythm directly meets some HIPAA requirements, reduces the cost of complying with others, and it features out-of-the box HIPAA reporting packages.

SOX - require public companies to create, monitor, and manage controls over many aspects of their financial reporting. Some companies have found that such transparency doesn’t come easily. The rules require not only new processes, but also fresh tools that can determine whether systems and reporting standards are up to snuff. In general, SOX applications can be classified into three main market segments, according to Forrester Research. Those in the enterprise-application space include Oracle and SAP; IBM and Stellent fall under the enterprise-content management (ECM) heading; and OpenPages and Paisley Consulting are considered specialists, competing with Certus, HandySoft, and other pure-play vendors.

Where is it that technology hasn’t reached? Are the courtrooms truly behind in technology? Are they out of the loop as are many “non-techie” or poor people are? The “Great Technical Divide”…go figure!

After all, this is the 21st century.

Til next time…

by

Gregory V. Boulware

3.16.10

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The Environmental department at Levin Papantonio discusses how environmental issues affect people and they address current environmental problems. Environmental issues can affect people on local and national levels. On a local level, such as civil lawsuits, may involve personal injuries was as well property. National levels or regulatory lawsuits are cases where the government sues/addresses environmental issues. Levin Papantonio Law Firm, located in Pensacola Florida, has experienced Environmental Litigation Attorneys licensed to practice in Florida. For more information go to: www.levinlaw.com

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