Your Medical Care After a Car or Truck Accident

One of the mistakes claimants sometimes make is trying to arrange their medical care in such a way as to maximize the potential settlement value of their case.  For instance, some accident victims will try to schedule more frequent doctor visits, figuring that more medical visits will lead to higher medical bills which, in turn, will lead to a higher potential settlement.  That’s a big mistake.

If you’ve suffered injuries in an accident, your first priority and focus should always be getting the appropriate medical treatment to help you get better and not on trying to increase a potential settlement.

Here are some key do’s and don’ts to keep in mind when speaking with your health care providers after an accident:

DO be 100 percent honest with your health care provider.  It is imperative that you give your doctor a completely accurate history of previous injuries or accidents you may have had.  You can be sure that the insurance company will uncover any prior accidents and injuries, and in doing so, will cast doubt on your doctor’s current diagnosis.

DON’T exaggerate the details of your accident.  If you tell your doctor that your car was totaled when it actually only had minor damage, you’re asking for trouble.  Your doctor may be called to testify at trial about your injuries and will end up getting embarrassed by the insurance lawyer if you’ve misled him or her.

DON’T exaggerate your symptoms.  You should tell your doctor exactly what symptoms you are experiencing.  Exaggerating your symptoms won’t make your case stronger, and in fact, can sink your case if evidence (such as video surveillance) comes to light that contradicts what you told your doctor you can or can’t do on a daily basis.

DO follow the treatment plan your doctor recommends.  This means following through on physical therapy, making it to all of your appointments, and taking prescribed medications.  If you fail to do so and your recovery takes longer than expected, the insurance company lawyer will blame you and make the argument at trial that you must not have been hurting that badly.

ER Mistakes

Problems of understaffed and overcrowded emergency rooms frequently appear in the media.  Doctors, nurses, aids, technicians and other staff struggle to manage a tangled and confusing health care system while treating an endless number of sick or injured people.  As a result, it’s not surprising that mistakes regularly occur in many ERs throughout the country.

Common ER mistakes include:

• Improper or incorrect amounts of medication administered (including anesthesia).
• Incorrectly collected or interpreted lab work.
• Surgical errors.
• Infection caused by unclean work environment or failure to follow procedures.
• Failure to prescribe the right medication or prescribing the wrong amount.
• Incorrect diagnosis.
• Negligence by hospital staff or EMT/paramedic personnel.

If a doctor, nurse, or other staff member fails to appropriately triage a patient, heart attacks, appendicitis ruptures, strokes, or aneurysms can occur – often with catastrophic implications to the patient and the patient’s loved ones.

If these errors occur, doctors and hospitals can be held liable, and the injured party may be able to recover money to compensate them for past and future earnings, medical expenses, and pain and suffering.  If you feel that your or a loved one has been further injured because of a visit to the ER, please contact an experienced medical malpractice attorney.

FAQ: Can I Still Receive Compensation for My Injuries?

Q: I was recently hurt in a car accident that was caused by the other driver.  Unfortunately, my auto insurance lapsed before the accident.  Can I still receive compensation for my injuries?

A: While it is unlawful in West Virginia to drive without it, not having insurance does not impact your ability to recover damages (money) from the person who caused the crash.  If the accident was the fault of the other driver, you can still file a claim with his or her insurance company.  You may be able to obtain compensation for your medical expenses, lost income, and other damages associated with the collision.  Rest assured, though, that it is not going to be easy to work with the insurance company.

A Deadly Mix of Distractions on the Road- Texting While Driving

TEXTING WHILE DRIVING

According to the U.S. Department of Transportation, distracted driving can be broken down into three main types of distraction — visual (in which you take your eyes off the road), manual (in which you take your hands off the wheel), and cognitive (in which you take your mind off what you are doing).

 While any type of distraction while you are driving can be dangerous, what makes driving while texting especially problematic is that it involves all three main types of distractions.

 Statistics show that around 20 percent of all crashes involve some type of distraction, and in 2008, nearly 6,000 people were killed in collisions involving a distracted driver.

And even though many states have banned or are considering bans on texting while driving, it is up to drivers themselves to use common sense. When you’re behind the wheel, put the phone down entirely, or if you absolutely have to send a text, pull over to a safe area on the side of the road or into a parking lot.

 Currently in West Virginia, drivers younger than 18 that hold either a learner’s permit or an intermediate license are banned from cell phone use of any kind while operating a motor vehicle.  There is a bill being considered for the next legislative session that will ban texting while driving in the State of West Virginia for anyone driving a motor vehicle.

If you or a family member has been victim in an accident caused by a distracted driver, you should contact an experienced personal injury attorney

Teen Drivers The Disturbing Facts

For the majority of teenager learning to drive and getting their license is a rite of passage. They look forward to this day for years with great excitement and joy, but the harsh reality is teens and driving is, more often than not, a dangerous pairing.

According to the Centers for Disease Control and Prevention (CDC), motor vehicle crashes are the leading cause of death for U.S. teens.  In 2008, an average of nine teens died every day from motor vehicle crashes and more than 350,000 were treated at emergency departments for injuries.  In addition, per mile drive, teens from the ages of 16-19 were four times more likely to crash than older drivers.

Despite the troubling statistics, there is hope for preventing teen crashes.  Research shows that states with the strictest and most comprehensive Graduated Driver Licensing (GDL) systems have reduced teen fatal crashed by 38 percent, and injury crashes by 40 percent.  GDL laws delay full licensure and utilize restrictions (such as limits on nighttime driving or the number of passengers allowed) to enable teens to get their initial driving experience under low-risk conditions.

West Virginia’s GDL law establishes a three stage licensing process:  learner, intermediate and full privilege.  During the learner stage, which must last at least 6 months, a driver must be accompanied by a fully privileged driver and may carry no other passengers.  During the intermediate phase, a driver must be at least 16, cannot drive between 10:00 p.m. and 5:00 a.m. and can carry no non-family passengers for the first six months.  To receive full driving privileges, one must be at least 17 years old and have completed 50 hours of supervised driving or a driver education course.

Our firm strongly encourages parents to know, understand, and enforce our state’s GDL laws to help keep our teen drivers safe.

Your Medical Care After a Car or Truck Accident: Don’t Put an Accident Claim Ahead of Your Health

 One of the mistakes claimants sometimes make is trying to arrange their medical care in such a way as to maximize the potential settlement value of their case.  For instance, some accident victims will try to schedule more frequent doctor visits, figuring that more medical visits will lead to higher medical bills which, in turn, will lead to a higher potential settlement.  That’s a big mistake.

If you’ve suffered injuries in an accident, your first priority and focus should always be getting the appropriate medical treatment to help you get better and not on trying to increase a potential settlement.

Here are some key do’s and don’ts to keep in mind when speaking with your health care providers after an accident:

DO be 100 percent honest with your health care provider.  It is imperative that you give your doctor a completely accurate history of previous injuries or accidents you may have had.  You can be sure that the insurance company will uncover any prior accidents and injuries, and in doing so, will cast doubt on your doctor’s current diagnosis. 

DON’T exaggerate the details of your accident.  If you tell your doctor that your car was totaled when it actually only had minor damage, you’re asking for trouble.  Your doctor may be called to testify at trial about your injuries and will end up getting embarrassed by the insurance lawyer if you’ve misled him or her.

DON’T exaggerate your symptoms.  You should tell your doctor exactly what symptoms you are experiencing.  Exaggerating your symptoms won’t make your case stronger, and in fact, can sink your case if evidence (such as video surveillance) comes to light that contradicts what you told your doctor you can or can’t do on a daily basis.

DO follow the treatment plan your doctor recommends.  This means following through on physical therapy, making it to all of your appointments, and taking prescribed medications.  If you fail to do so and your recovery takes longer than expected, the insurance company lawyer will blame you and make the argument at trial that you must not have been hurting that badly.

The Best Way to Lose Your Accident Case

It doesn’t matter how good your case is, if you lie to your lawyer or the insurance company about past injuries and accidents, the jury is going to make sure you lose.

Remember, the insurance companies have access to vast databases about your life, including past lawsuits, claims, and injuries.  Also, with the popularity of social media sites like Facebook and Twitter, there is even more information out there about you that they can use.

As always, honesty is the best policy.  Tell your lawyer all about past claims and injuries, so that he or she can deal with the issues.  The worst thing is for your lawyer to be the last one to know!

FAQ: What kind of compensation can I receive for my injuries?

Unfortunately serious personal injuries may result from a sever accident, leaving you emotionally harmed along with physically. This is a stressful time and you wonder what exactly you can get reimbursed for through a personal Injury Claim. A successful personal injury claim can enable a victim to recover both monetary and non-monetary damages.

Some common examples of monetary damages (which are also known as special damages) include:

• Lost wages, including wages lost while recovering from an injury or loss of future earning ability.

• Medical expenses, which can include both past and future medical care and rehabilitation costs.

• Costs associated with living with disability, such as the cost to make a home wheelchair-accessible.

• Costs of property damages, such as the value of your automobile.  West Virginia law also covers damages for the aggravation and inconvenience that results from having your car damaged or destroyed.

• Funeral expenses.

Examples of non-monetary damages (also known as general damages) include:

• Pain and suffering.  Victims can receive compensation for the actual pain for their injuries as well as the emotional distress caused by them.

• Loss of consortium.  Spouses of personal injury victims can receive damages for being deprived of the emotional and physical elements of a marriage.  In West Virginia, loss of consortium also includes damage to the relationship between parents and children that often result from serious physical or emotional injuries.

If you have questions about the types of compensation you may be owed, please call our office to speak with one of our experienced attorneys about your specific situation.

The Sobering Statistics

With spring in full swing and summer just around the corner motorcyclists will be taking the roads for some well needed fresh air. With the warmer weather upon us the concern for motorcycle riders safety is on the forefront of our minds.

The National Highway Traffic Safety Administration (NHTSA) reports that 5,290 motorcyclists were killed in 2008, an increase of 2 percent over 2007, which marks the eleventh straight year fatalities have increased.  In addition, nearly 100,000 motorcyclists were injured in 2008.

According to the WV Governor’s Highway Safety Program (GHSP), in 2004 motorcycle fatalities represented 7 percent of all motor vehicle fatalities but 3 only percent of registered vehicles; 9 percent of fatalities but 3 percent of registered vehicles in 2005; and, 9 percent of fatalities but 6 percent of registered vehicles in 2006.

The blame should not all fall on the motorcyclist, the state is also responsible for the well-being of all vehicle operators also. Only 20 states, the District of Columbia, and Puerto Rico, require helmet use by all motorcyclists.  Other states require just some riders (those under the age of 18 for example) to wear helmets or have no requirement at all.  West Virginia has a universal helmet law.

According to estimates by the NHTSA, helmets saved the lives of 1,829 motorcyclists in 2008.  Additionally, the NHTSA estimates that 823 more lives could have been saved if all motorcyclists had worn helmets.

Alcohol continues to be a major factor in motorcycle crashes, as well as fatalities.  In 2008, 43 percent of motorcycle riders who died in single-vehicle crashes had blood alcohol levels (BAC) of .08 or higher.

The NHTSA says wearing a helmet and the right gear, checking equipment before riding, never drinking and riding, and getting the right training can make a big difference in motorcyclists’ safety.

Don’t Skip on your Motorist Insurance Coverage.

This situation is becoming all too familiar, you are injured in an auto accident and come to find out the other party has little or no insurance. This is becoming reality, in light of the current economic situation, many are opting to not get insurance or get the minimum amount required by law.

The only way to protect yourself is to renew your auto insurance policy. The  declaration page of the policy lists the coverage you are receiving and providing the premiums that you are paying for each. The most important persons to protect are you and your immediate family members. Your family member are the uninsured (UM) and underinsured motorist (UIM) coverages, which apply when you are hurt by a driver with no or little insurance.  Further, unlike liability coverage, UM and UIM coverages apply (with some limitations) even when you are not in your own automobile – they follow you around.

It is advisable to have UM and UIM coverages in the same amount as your liability coverage.  For example, if your liability coverage is in the amount of $100,000, then your UM and UIM coverages should be $100,000 each.  In other words, you should protect yourself and your loved ones at least as much as you protect the other guy.

In West Virginia, unlike most states, UM and UIM are separate coverages.  Also, UM coverage is mandatory in West Virginia while UIM coverage is optional (yet still highly advisable).  As the name implies, UM coverage will likely be the only source that you have to pay for damages that you suffer when struck by a driver with no liability insurance.

If you are in a situation where you are hurt by a driver without enough insurance, your UIM coverage will apply to any damages that you suffer in excess of his limit.  For example, if you suffer $120,000 in damages but the other driver only had $20,000 in liability coverage, your UIM coverage would step in and pay the next $100,000 (if you have that much in coverage).
Check with your insurance agent you may be surprised at how little additional cost these critical coverages will add to your policy.