Car Wrecks Archives

Legal Experience Matters: The Importance of Attention to Detail

Episode 11: Louisville personal injury attorney Jim Desmond discuss why he wrote a controversial blog post. He demonstrates why attention to detail matters to him and his clients. A lady called to see if he could help. She had already been turned down by two other larger firms. Jim was able to figure out that actually, a fairly significant case did exist. Let’s talk about why this happens.

Louisville personal injury lawyer discusses why attention to detail matters

Many of the advertising law firms are very competent attorneys. However, when there are a ton of cases coming in, the process matters. Not every case will get the attention it may require. This is especially true if the case isn’t being handled by an actual attorney.

Some television ads mention how a specific firm may have tremendous financial resources to handle your case. That’s true, but it doesn’t matter if the attorney never really gets the time to work on your case. Large marketing budgets and staffs require a tremendous amount of case volume to support those overhead issues.

When an attorney, like Jim Desmond, has the time to investigate the facts and details of your case, there’s a good chance that an effective strategy can be developed, assuming the case itself has merit. Small discrepancies in the facts can lead to significant outcomes. An attorney needs to assess all of the factors, develop a strategy for the case and begin pounding away at the facts of the case. This takes time and attention to execute.

If you’ve been in an accident, the evidence is critical. Photographs, witness statements and other types of evidence help to support your attorney’s argument in the severity of the case, the resulting damages and the value of your case. An experienced personal injury attorney knows how to gather these elements and how to use them. Non-attorney staff members may not have that level of experience.

Jim discusses various ways he handles cases in an effort to maximize the settlement and the funds the client keeps, once all is said and done. This is extremely important when health insurance liens are involved. Kentucky provides no-fault insurance, which should often be reserved to enable other sources of funds to be used before tapping into the no-fault funds, if possible.

The facts of each case are unique to that specific situation. How the case is approached and managed may be very different, because the evidence and the related issues require specific steps to benefit the client’s objectives. A general approach (or template) doesn’t apply. It’s why when handling a legal case, attention to detail matters.

COVID-19 Impacts Law Firms, Too

The system has slowed down for a variety of reasons. However, the process is still moving forward. Staying organized and carefully monitoring the documentation is even more important when others may not be responding as quickly. Let’s be honest, the “normal” way of doing things has been disrupted.

Jim takes specific steps to ensure PPE measures are taken when he’s meeting with clients, during the COVID-19 crisis. Much of the contact can be done over the phone, via mail and other methods. It depends on what the individual client is comfortable with, at this time.

The key is to keep a client informed of the steps that are being taken, behind the scenes. A lot of what goes on may not involve/require direct interaction with the client, but a good attorney will keep the client up to date on what’s going on so they know the case is moving.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

Important Disclaimers:

The information provided on this podcast is for general informational purposes only. It should not be construed as legal advice and does not constitute an attorney-client relationship. You should seek the advice of an attorney for guidance related to your specific situation. I am only licensed in Kentucky and Indiana, so the general advice provided may not apply outside of those states.

This podcast maybe freely shared, but may not be the modified or edited in any way. This is an attorney advertisement. Principal office is located in Louisville, KY. Co-host Jim Ray is a non-attorney spokesperson.

Beware of TV Advertising Lawyers: Why You Shouldn’t Trust Them!

Jim Desmond discusses television advertising attorneys

Why do I balk about using a big, law firm to handle your personal injury claim? It is all about customer service and knowing the details of your injury claim.

I worked at a big, television advertising law firm for over four years. Guess what? First, those firms have an attitude of arrogance. Why? Because your single, personal injury claim is not going to make or break them. If things don’t work out with your car wreck, they will just move on to the next one.

Second, when you are handling a bunch of cases at once, it is hard to concentrate on the details of a personal injury claim. The problem being that you know what really drives the value of a personal injury claim, the details of that claim!

For example, I am presently handling the injury claim of someone severely injured in a motorcycle wreck. All indications are to date that the medical bills alone will far exceed the liability coverage on the at-fault driver and the underinsured motorist coverage available on the motorcycle’s insurance policy. Nevertheless, there is a chance that the at-fault vehicle was owned by a car dealership at the time of the motorcycle accident and therefore, this insurance of that car dealership may apply. This is hugely important as it MAY increase the possible personal injury settlement by over 10 times since now, there may be enough insurance coverage to cover my client’s injury claim.

Why do I think the car dealership might have to provide insurance coverage? Because I took the time to run the title of the at-fault vehicle and despite several times being told there were no such documents, I obtained copies of the title history which shows that the car dealership owned the at-fault vehicle on the day of the motorcycle wreck. In other words, having the time and commitment to really focus on the facts of this one motorcycle wreck might substantially increase my client’s personal injury settlement.

To give you another example, I had a phone call last year that I want to share with you because it made me mad! Not because the caller did anything wrong but because the injured victim was given incompetent advice about car accidents from two different law firms that spend a whole lot of money on television advertising every year.

The potential client was in a severe car wreck that resulted in surgery. Because of the COVID virus shutdowns, she was unemployed and had let her car insurance lapse, prior to the car wreck. Due to this lack of insurance and the fact that Kentucky is a no-fault state, she was INCORRECTLY told by two big law firms, that advertise on television, that she did not have a personal injury claim even though she was not at fault for the car wreck. Wrong! We settled that claim for more than the state minimum of $25,000 and because we used the client’s health insurance to pay her medical bills, since there was not any no-fault coverage to pay those medical bills, the client still walked away with about 60% of the total settlement; even after deductions for attorney’s fee and case costs.

To say it again, and as illustrated by the above-discussed personal injury claim, the fact that Kentucky is a no-fault state means that the insurance company for the vehicle you are in, regardless of the fact that this is not the at-fault vehicle, covers the first $10,000 of your medical bills and lost wages. That’s it! It does not mean you don’t have a personal injury claim.

If your car, was not insured, you cannot recover the first $10,000 of your medical bills and lost wages. So, if you have a surgery bill for $50,000, you can only recover $40,000 of that surgery bill from the at-fault driver’s insurance if your vehicle was not insured. Big whoop! You still have a claim for $40,000 in medical bills AND your claim for pain and suffering.

I established Desmond Law Office 15 years ago and from day one, I only handled car and motorcycle wrecks. I think I have done this long enough to figure out a way to get around the penalty for being uninsured. However, if you go with a big firm and only speak to a “case manager” and not your injury lawyer, good luck with getting around such a penalty. After, as discussed above, one of my clients was given bad information by two television attorneys and had she listened to that advice, the recovery on her personal injury claim would have been $0.

Further, I want to say something about the big law firms. As many of my injured clients know, I spent a large part of my career working for a television advertiser; so I am speaking from experience. These firms bring in a large number of personal injury claims every year by spending over $1,000,000 a year on television advertising.

If you allow a big firm to handle your personal injury claim, you are a little fish in their big pond. When the case does not have enough value or the client becomes too high maintenance, they often let the case go and move on to another personal injury claim, generated from their large advertising budget.

Whether it is my firm or another law firm, let the attorney handle your car wreck where your case is going to be the big fish in their little pond. From over 25 years of practicing law, I promise you that you will get more bang for your buck with this small guy. After all, can you reach your injury attorney on his cell phone? All of my clients can!

Unlike the television advertising lawyers, I am not going to tell you that every pile of dog poop is worth money. I will, however, make sure that you know what your legal rights are so you can make an informed decision about the damage to your car, your medical treatment and your personal injury claim!

I am still working during this lockdown. I will come to you if you can’t come to me and I always wear a mask. If you have been injured in a car accident or a motorcycle wreck, quit listening to the nonsense and empty promises made by the TV advertising lawyers. Instead, call me directly on my cell phone and get immediate answers to your problems. It is really that simple.

All the best and stay safe during this crisis.

More on Car Wrecks Involving Workers’ Comp Claims

Episode 8: In Part 2 of this conversation, Louisville automobile accident attorney Jim Desmond continues his discussion with Louisville workers’ compensation attorney Scott Scheynost about how a collision might involve both an auto accident claim and a workers’ comp claim.

Louisville personal injury lawyer discusses your auto accident claim may involve a workers' comp claim

There are more options if a workers’ compensation is involved in your automobile accident case. Rather than simply having to rely on the at-fault drivers’ insurance policy (and potentially your own UM/UIM coverage), Kentucky’s workers’ comp system provides more benefits.

What if a Work-Related Accident Results in Death?

Jim and Scott describe a previous case involving a work-related fatality. Workers’ compensation benefits are often tied to the amount of money you were earning, prior to the accident. However, under the current workers’ comp system, there’s a significant lump sum death benefit amount that’s paid directly to the deceased worker’s estate. The current amount is approximately $85,000. This amount is not related to your earnings.

Your dependents may also be able to receive benefits, based on the amount of money you were making.

How Do Workers’ Comp Attorney’s Fees Differ from Personal Injury Attorney’s Fees?

While a typical personal injury lawyer may charge a 1/3 fee (33%) or more of any financial award in an automobile case, under Kentucky’s workers’ compensation law, workers’ comp lawyer fees are limited to 20%, up to a maximum of $18,000.

Can worker’s comp benefits be disputed?

There may be a valid argument that an employee may have decided to deviate from his/her work-related travel. Generally, minor deviations during the day may still be covered. For instance, stopping off at a restaurant for lunch, pulling into a rest area to use the restroom. It really depends on how far the driver went for a non-work-related activity.

If the workers’ compensation is successful in arguing the employee made enough of a deviation that the accident is not covered, the employee still has the option of pursuing a normal auto accident claim. Remember, if it is work-related, the claim will be handled as a workers’ compensation claim. That system is considered “primary.”

Are Independent Contractors Covered by the Employer if They’re in an Accident?

The employer’s control over the laborer or independent contractor, may legally require the employer’s workers’ compensation coverage to pay benefits. The more say a company has in the activities, tools, etc., the higher the amount of control over the activities of that individual. In this case, the law may actually consider the independent contractor to be eligible for workers’ comp.

If the employer doesn’t have workers’ compensation coverage, the government has a fund to cover these situations, if someone qualifies. This is the Kentucky Uninsured Employers Fund.

A personal injury attorney can handle the property damage and a auto accident claim for pain and suffering. The workers’ compensation attorney will handle the medical expenses claim. There’s also a possibility that both can use a permanent impairment as part of the multiple claims. If your attorneys can work together, you may have multiple options for recovering compensation for the issues related to the collision.

Can Company Executives File for Benefits if Injured Traveling for Business?

For more highly-compensated employees (e.g. managers or executives) who are injured while traveling for business, their medical expenses could be covered, but there is still a limit on the Temporary Total Disability (TTD) payments, because they are capped at 2/3 or your average weekly income. There’s also a cap on the dollar amount of your TTD (currently it’s approximately $900).

If the individual is traveling outside of Kentucky, Kentucky workers’ comp coverage should still apply, in addition to potential automobile accident coverage (e.g. UM/UIM), if they were driving. It’s also possible that local coverage may apply, enabling the individual to choose which system to use.

For more information about Louisville Personal Injury Attorney Jim Desmond, visit www.AttorneyDesmond.com.

For more information about Louisville Worker’s Compensation Attorney Scott Scheynost, visit http://www.scheynostlaw.com/.

Important Disclaimers:

LMPD May Not Show Up for Your Wreck

LMPD indicated yesterday that they will not be responding to non-injury car wreck and/or hit and run accidents. So, stop and think about the fact that when a car accident happens, you potentially have four claims immediately: 1) a claim for the damage to your vehicle; 2) a claim for the loss of use of your vehicle while it is being repaired or because it was a total loss; 3) a claim for any medical bills stemming from any injuries sustained in the car wreck and; 4) a claim for your pain and suffering. Even though LMPD may not show up, you should be proactive.

For the moment, just concentrate on 1 & 2 and realize that without a police report, YOU have the burden on obtaining detailed information so that you can get your car fixed! As a result, let’s discuss what steps YOU need to take as a consumer should you be in a car accident.

If there is not going to be a police report, the biggest change is realizing that the burden of getting detailed information about the car accident will fall to you! So, remember the old phrase that a picture is worth 1,000 words! The easiest way to gather information is to pull out your smart phone and go crazy by capturing the information through photographs.

What kind of information do you need?

Where did the car wreck happen? Insurance carriers will want street names, cross-streets. You should note any landmarks that might be useful later on. Make a note as to which direction both drivers were traveling and on what street. Take photographs of the street signs.
Take photographs of the location of the vehicles and the damaged area of each vehicle. Take a picture of the license plate of the other vehicle. For a Kentucky plate, we can run the license plate through the County Clerk and find out the insurance information for the last time that vehicle was registered.
You are going to want the name, phone number and address of the other driver(s). You can find liability insurance for a car wreck on the driver of a vehicle or on the vehicle itself. As a result, you will want to know 4) does the other driver own the car they were operating? If not, get the name, address and phone number of the vehicle’s owner.

Be Proactive at the Crash Scene, Because LMPD May Not Show Up.

Get the name and policy number of the other driver’s insurance carrier. When I call a claim into an insurance company, the first issue is can we locate an insurance policy on the at-fault driver. As a result, the more information I have, the better. So, take a picture of the at-fault driver’s license plate, insurance card, the vin number of the vehicle and the make and model of the vehicle. Correct, some of this may be overkill and you may not need to take all these steps. However, realize that without a police report, your personal injury claim against the at-fault driver will turn into an uninsured motorist claim against your own insurance carrier unless we know who hit you and who they are insured with. On that note, recall that Kentucky uninsured motorist coverage does not cover your vehicle; you need collision coverage for the property damage claim. So again, the lessen is go overboard on getting the information while you can so you can get your car repaired.
For a hit and run accident, remember the law does not want me to hit a tree and then have a personal injury claim because I said someone ran me off the road. As a result, the law essentially requires contact between the two vehicles. Now, because LMPD may not show up, you need to create documentation. So, if you are involved in a hit and run car wreck and can’t get a police report, take a bunch of photographs. Take photographs of the damage to your car and the accident scene while at the scene of the wreck.
Look for surveillance video that may have captured the car wreck at the surrounding businesses. It has become a regular part of my legal practice to look for videos of the car wreck. Why? Because when someone tries to argue my client was at fault for the car wreck, it is the best way to prove otherwise.
Insurance carriers are going to be more likely to ask you to give a recorded statement if there is not a police report. Insurance companies have to investigate a claim, even property damage, and a recorded statement is one way to do that. While I am not a fan of recorded statements, they do seem more necessary when there is no police report. As a result, my advice to you is to remember what you hear on television, “Anything you say can and will be used against you in a Court of law.” So, don’t minimize your injuries and don’t guess at facts you don’t know. Usually, I like my clients to give the recorded statement to their own insurance carrier and then get that insurance carrier to share the statement with the at-fault driver’s carrier. Also, more importantly, if you did your job and collected a bunch of photographs, get those photographs to both insurance carriers. It may prevent the need for a recorded statement.

For additional information, you can listen to my podcast episode on What to Do after a Car Wreck. It provides some additional tips for your consideration.

I hope this article provides you with with some valuable information you and your loved ones my need, during the next few weeks and/or months, especially because LMPD may not show up. If you need to speak with me, you can call my cell phone at (502) 609-7657. Please drive safely.

Personal Injury and the Corona Virus

As a personal injury lawyer, I did not expect to have to comment on the coronavirus. However, several phone calls I recently received have made a couple of points worth mentioning.
1)    I am still open and doing business. If you have a legal question about a car accident, I am still answering my cell phone and will continue to do so.
2)    Many aspects of a personal injury claim can be handled electronically if that makes you more comfortable.
3)    Yes, I am happy to come to you to meet with you or we can handle most of the initial sign up over the phone.
4)    If a doctor’s office is closed because of the virus, we can find you another one where you can continue your treatment. I know of some doctors who will even come to you.
5)    Most importantly, from what I am hearing about the virus, I expect the U.S. economy is going to suffer a downturn.  Because of this downturn, there is a strong likelihood that more drivers will not have car insurance or will lower their liability coverage in an effort to save money. As a result, it is all the more important that you realize that the other driver may not have enough insurance coverage to pay the medical bills from your car wreck or any of your other out of pocket expenses.
6)    As a result, the need to have at least $100,000 per person of uninsured and underinsured motorist coverage, on your own automobile insurance, is all the more important.

Category: Car Wrecks