car wrecks Archives - Louisville Accident & Injury Attorney Jim Desmond

Don’t Trust The Television Advertising Lawyers!

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.

We’re Getting Better, but Kentucky Needs to Buckle Their Seat Belts More Often

Seat belts save lives, and reduce the severity of many injuries in a car crash. We’re getting better, but Kentucky needs to buckle their seat belts more often. In 2011, there were 537 people who lost their lives in Kentucky car wreck. Only 230 of these individuals, or 43%, were wearing seat belts. Most people killed in Kentucky car accidents were not wearing a seat belt. The latest year we have data for is 2015. We improved a bit, as 44% of those who lost their lives in a car crash were wearing seat belts. This is a 1% improvement over 5 years, but we can do a lot better.

The percentages for those who were injured are very similar. The fact is you are less likely to be seriously injured or killed in a car accident if you wear a seat belt. After more than 20 years of representing people who are injured in Kentucky and Indiana I can tell you to buckle up. The forces inside a car during a crash are powerful. A person who is not restrained is moved very quickly in multiple directions during the few seconds at impact. This results in multiple injuries that could be avoided. Seat belts help to reduce the injuries to your back and neck. They also keep you in a more protected posture instead of hitting the windshield or one of the support beams in the car.

No one leaves their house expecting to be in a car crash. If you fasten your seat belt you significantly increase the chances of returning home safely. If you are involved in an accident you have a much better chance of reducing or eliminating injury altogether by wearing your seat belt.

Kentucky needs to buckle their seat belts more often to reduce the amount of injuries each year. If you are injured in a car crash caused by someone else I will help to ensure you recover as much as possible to cover your medical bills, lost wages and other expenses. Always seek medical treatment after an accident (even if you don’t think you were injured) and call me on my phone at [number] for a free consultation.

Mr. Trump’s argument on the 14th Amendment misconstrues the U.S. Constitution.

I have been practicing personal injury law for over 20 years and in that time; I have found that I like to keep to my niche, i.e.. car wrecks as much as possible. I have tried to direct my blog to you, the consumer, and what information you may need in regard to the handling of a personal injury claim. However, after debating whether to comment for several days, I feel compelled to comment on Donald Trump’s argument about the 14^th Amendment of the United States Constitution.

Mr. Trump is referring to the Citizenship Clause which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” In 1868, the Fourteenth Amendment was ratified and made part of the U.S. Constitution.

What bothers me is that a political candidate is suggesting modifying part of the U.S. Constitution that has existed for 147 years by seeking to declare it unconstitutional. The U.S. Constitution can be amended if two-thirds of the U.S. Congress approve the Amendment by a joint resolution and three-fourths of the states ratify this Amendment. As I understand, thousands of amendments have been proposed but only 33 have actually been enacted. However, instead of reaching across political lines and obtain a majority support from both parties, he is stating that he and his lawyers believe the U.S. Supreme Court would find the Citizenship Clause unconstitutional.

Am I conservative? Yes! Conservative in the sense that I believe in the U.S. Constitution establishes our freedoms and that any changes to that Constitution should be strictly construed. I believe that one little document was established 228 years ago in such a manner that all citizens of the United States of America are guaranteed the right to “life, liberty and the pursuit of happiness” and that any changes to that document, should be strictly scrutinized.

Very simply, the men and women of our military lay down their lives every day for the principles contained in the U.S. Constitution; the primary principle being that we, as citizens of the United States, have the right to live our own lives with minimal interference by governmental authorities. The Bill of Rights, our legal system, our judicial system and both our State and Federal government are controlled by these very same principles. I am skeptical of anyone who wishes to alter the U.S. Constitution for political gain because I hold that document sacred as it why I live in the U.S. rather than some other nation.

Tag: car wrecks

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