Car Accident

Negotiating a Vermont personal injury settlement

/ chadwicklawvt / Leave a comment
You only get one shot at settling your claim. Make it count.

There is no hard and fast rule when it comes time to discuss the settlement of your personal injury claim with an insurance adjuster. However, rushing to these negotiations without an understanding of how the insurer is valuing your claim is not an efficient way to reach an acceptable number. If you have suffered an injury in Vermont and an insurance adjuster is rushing to have you agree to a settlement, it may be prudent to take a step back and consider the following:

Have I reached end medical result?

You may be feeling better and, as a result, feel that it is time to put this matter behind you and conclude your claim. It is important not to rush this. If your care providers recommend follow-up tests or care following through on these recommendations is key to ensuring your recovery is complete. Keep in mind, that once you settle the case, you can’t go back if new symptoms arise. This can especially be true in brain injury cases, where the full extent of the severity of the injury may take weeks to fully understand, and months to years depending on the grade to fully treat.

Is there a risk of my insurance seeking reimbursement (a.k.a. a subrogation claim)?

One of the trickiest hurdles in reaching a personal injury settlement is determining who will be responsible for the medical bills associated with treatment. When a settlement is reached, the insurer is often paying a lump sum that settles all of their liability, including medical bills.

In most cases, a subrogation claim will be filed by your insurance company onto the responsible party’s carrier. However, if you have already settled your claim and signed a general release, freeing the carrier from any further liability, you may be on the hook for this claim. Medicare and Medicaid are especially thorough in issuing these claims. It is important to understand that should you be covered by government insurance, there is often an obligation to inform them of your potential settlement and to allow them to claim reimbursement that will need to be settled before you receive your cut of the settlement proceeds.

Do I know the limits of the responsible party’s coverage?

The minimum auto insurance coverage limits in Vermont are $25,000 per individual and $50,000 per incident with $10,000 in property damage coverage. Many drivers carry much higher limits. You have a right to know this information before you begin negotiating a settlement. If the injuries are severe and the coverage is low, you may need to look beyond the offending party’s coverage to seek full compensation for your injuries. This may be accomplished if you carry underinsured coverage on your auto policy, which allows you to seek reimbursement from your insurance company for amounts that exceed the policy limit of the liable party.

Take your time when evaluating whether to settle or litigate a Vermont PI claim

Just because an insurance adjuster wants to settle a case and is waiving around a quick payment to you in exchange for a release of your claim, does not mean you need to jump in immediately to negotiations. Taking your time, to fully understand the degree of your injuries, the risk of a subrogation claim, and understanding the policy limits of the liable party are all prudent steps in ensuring you get a just result in your Vermont PI claim.

The foregoing is for informational purposes only and should not be considered legal advice. Readers of this content who have specific legal questions should seek advice from their personal attorney.

Does a traffic citation equate to liability in a VT car accident?

/ chadwicklawvt / Leave a comment
Only a judge or jury can decide who ultimately is at fault.

There are circumstances where a car accident in Vermont may also lead to a criminal or civil citation. DUIs, driving too fast for conditions or negligent operation are a few of the most common citations a motorist can receive that stem from a collision between two or more vehicles. Although these citations may play a significant factor in the determination of who was at fault for the Vermont car accident, they are not the end-all when it comes to litigation.

How does a Judge or Jury Decide Liability?

12 VSA § 1036 states that “[C]ontributory negligence shall not bar recovery in an action by any plaintiff, or his or her legal representative, to recover damages for negligence resulting in death, personal injury, or property damage, if the negligence was not greater than the causal total negligence of the defendant or defendants,…”

To provide context to this, consider if a Jury finds that one driver was 60 percent liable for a car accident, while the other driver was found to be 40 percent at fault. If the damages sustained by the 40 percent liable party were found to be $100,000, the end result would be an award in that party’s favor of $20,000 (the difference between 60k and 40k or 60% and 40%).

How does a traffic ticket or criminal citation play into this calculation

In most instances, a personal injury case will take a back seat to any criminal prosecution and will only be heard after the criminal case has been resolved. This procedure is based on a criminal defendant’s 5th Amendment right to remain silent, which they do not enjoy in a personal injury action.

Certainly, the outcome of the criminal case will play a role in liability and, in some cases, may be fatal to a claim.

A traffic infraction does not enjoy such protections and, in most cases, will be resolved before the personal injury case. This legal realm will provide a bit of a preview for the larger PI case and is an important step in evaluating liability. If a defendant is found not guilty of their traffic violation, this can help bolster the case that the other party is liable for the accident.

Even if the driver is found guilty of the offense, this may not, in all cases lead to a liability determination. A judge or jury would still need to evaluate all of the other factors surrounding the accident before they dole out the percentage they feel each party was responsible for in creating the circumstances surrounding the accident.

Just because you’re charged does not mean you are liable

Evaluating the strength of a personal injury claim in Vermont can be a complicated matter when there are companion criminal or traffic ticket charges. However, each case is unique and must be reviewed independently of others to truly make such a determination. The result of this review may just surprise you when it is ultimately determined who remains at fault for this unfortunate event.

This content is for informational purposes only and should not be considered legal advice. Readers who have question about their own legal matter should consult with their personal attorney.

How to evaluate the degree of a brain injury after a Vermont car accident

/ chadwicklawvt / Leave a comment
You cannot “walk off” a brain injury. Have the symptoms? Get checked out ASAP!

The science of traumatic brain injuries (TBI for short) continues to evolve as new studies release the long term impacts these injuries can have. What was simply classified years ago as “having your bell rung”, it has now been uncovered that the potential long term consequences of a TBI can be drastic if untreated. For those who have suffered an injury as a result of a car accident in Vermont, it is important to know how medical professionals commonly assess the presence and degree of a TBI.

Glasgow Coma Scale

The Glasgow Coma Scale is a 15 point test that can measure the degree of a TBI by asking measuring a patients ability to follow instructions and their fluency in moving their limbs after impact. Abilities are measured on a scale from 3-15. The higher the score, the less severe the TBI.

Question and Answer

Valuable information can be obtained simply by asking specific questions as to the patients response to the trauma and what they can and cannot remember. It is essential that the patient recall as accurately as possible what symptoms they felt, including lose of consciousness, lack of memory, and any describing factors that can explain how the injury was sustained.

Is Imaging Needed?

If there is concern that structural damage has been sustained to the brain, a CT scan or MRI may be necessary. This imaging may not pick up a TBI, as many of these injuries are not visible even with a more intensive MRI scan. However, if serious damage has been done, such as a brain bleed, this scan be be crucial in minimizing the overall damage of the TBI.

Pressure Monitoring

In some more serious cases, the swelling of the brain can cause significant pressure as it presses against the skull that can increase the damage sustained. In these cases, a monitoring device, known as a Intracranial pressure monitor, can be inserted to evaluate the degree of this pressure.

That headache after a VT Car accident may be something more

Often times, victims of a car accident in Vermont will attempt to self treat themselves, thinking that over a period of time they can “walk off” any injury they sustained. However, when it comes to the brain, it is important not to simply believe that it will heal with rest. With the improvements in medical treatment, TBI’s can be diagnosed and treated more effectively then in year’s past, if you take that initial step of accurately reporting all the symptoms to your medical provider.

The content contained in this post is for informational purposes only. If you need specific legal advice about your injury, consult with your own private attorney.

The importance of journaling during your personal injury recovery

/ chadwicklawvt / Leave a comment
Your story awaits

Journaling is a great way to memorialize your thoughts. From what you ate, to vacation ideas, to how you feel when you roll out of bed, a journal can provide a great reference point when you are trying to refresh your recollection. If you have suffered an injury as a result of a Vermont car accident or other type of personal injury, a disciplined journal of your treatment and symptoms can be key in properly advocating for a just resolution of your claim against the responsible party.

Tell your whole story not just your story of pain

A personal journal should not just surround your injury and treatment, it should cover all aspects of your life. This provides more context for how you have lived your life both before and after the injury, which can be used to compare the new limitations you may suffer as a result of the injury. A narrative form of journaling can also add authenticity to the limitations you may suffer (Ex. “before the incident, I was playing golf 3 days a week and taking 60 minutes of Yoga. After the incident, I am unable to walk more than 9 holes and my Yoga classes are non existent because of the pain in my back”).

Describe how things feel

Journaling is a great way to put into words the type of feeling you are experiencing not just its existence. “A burning sensation that runs down my leg, forcing me to sit down” provides far more context then simply stating “pain in my leg”.

Articulate your response to the pain

Pain is not simply the existence of discomfort, it is also the response to it. If dizzy spells have forced you to stop reading, or you have had to sit down while playing in your yard with your kids because of a sudden back spasm, it is important to note this. The fact that your life has changed due to this injury can be as, or more important, then the pain itself.

Journal every day

Don’t let excuses get in the way of your spending at least a couple minutes each day reducing your thoughts and feelings to paper. Studies have found that journaling can have a substantial positive effect on your emotional well being.

If you are also enduring a personal injury, the positive impact can be even further enhanced. Ensuring that you are able to recount the entire recovery progress in a way that is both credible and expansive well greatly assist you in advocating for a fair resolution of your personal injury claim.

This article is for informational purposes only. If you need specific legal advice, seek out your own private attorney.