August 31, 2010

Car Accidents Cost The US $99 Billion In Just One Year

The Georgia Injury Lawyer & Attorney Blog has posted a startling article, originally from FleetOwner.com, about how car accidents, including medical costs and productivity losses, in the year 2005 cost the US $99 Billion...which roughly averages to a $500 bill to each licensed driver in the country.

Here's some of the number breakdown:

-"Costs related to fatal motor vehicle-related injuries totaled $58 billion. The cost of non-fatal injuries resulting in hospitalization amounted to $28 billion, and the cost of injuries to people treated in emergency departments and released was $14 billion. "

-More men were killed and injured than women (70% men, 52% women). Men represented about $74 billion of all costs.

-Teens and young adults make up 28% of injuries and fatalities-about 31% of all costs ($31 billion).

-Motorcyclists comprise 6% of injuries and fatalities, but the cost is $12 billion due to the severity of their injuries as opposed to those riding in cars.

-Pedestrians, who aren't protected at all when struck by a vehicle, make up 5% of injuries- $10 billion because of the extent of their injuries

The majority of these deaths and injuries can be prevented in several different ways:



.• Graduated driver licensing (GDL) policies: these laws allow new teen drivers to get experience on the road in lower-risk situations as they gain experience over time and are proven to reduce teen crashes. Strong GDL laws have been associated with up to 40% decreases in crashes among 16-year-old drivers, the CDC said.

• Child safety seat distribution and education programs: increased use of correctly installed and fitted child safety seats could help reduce the $3.6 billion annual bill for injuries to children, the cost of deaths and injuries determined by this study for this population group.


• Primary seat belt laws: these laws allow motorists to be stopped and cited for not wearing seat belts. Seat belts reduce the risk of death to those riding in the front seat by about half, the CDC noted.

• Enhanced seat belt enforcement programs: Enhanced enforcement programs in which law enforcement officers focus on getting people to buckle up (e.g.: Click It or Ticket), are effective at increasing safety belt use and reducing deaths and injuries, the agency pointed out.

• Motorcycle and bicycle helmet laws: helmets can reduce the risk of death in a motorcycle crash by more than one-third and reduce the risk of brain injury by 69%.

• Sobriety checkpoints: these checkpoints, where drivers are stopped to assess their level of alcohol impairment, can reduce alcohol-related crash deaths by more than 20%

Let's all remember to be very careful on the roads!

July 1, 2010

Great Post On Rules Plaintiff's Lawyers Must Follow

Paul Luvera has a great post on ten rules lawyers who represent injured folks must adopt and commit to having.

I was going to give you some of these but I want for you to read all of them at Paul's excellent blog.

Thanks Paul for good stuff there!

John Watts
Birmingham, Alabama

June 30, 2010

Video - Alabama Car Wreck - What Is Subrogation?

If you are involved in an Alabama automobile accident and if you have health insurance (Blue Cross Blue Shield, etc) then you will face subrogation.

Subrogation is the basic concept of BCBS wanting to get its money back out of any settlement or verdict that you receive from your car wreck lawsuit or settlement demand.

Please call me if you have any questions - 205-879-2447.

Thanks

John Watts
Birmingham, Alabama

June 28, 2010

Video - What Is The Difference Between A Settlement And A Verdict

A settlement in a personal injury case (car wreck, truck wreck, slip and fall, etc) is where money is paid to you by the defendant or the defendant's insurance company.

A verdict is where a trial has occurred and the court and jury have reached a decision.

Let me know if you have any questions regarding this - 205-879-2447.

John Watts
Birmingham, Alabama

June 26, 2010

Video - Alabama Car Wreck - What Is Uninsured Motorist Benefits

In this video we explain the basic idea behind a very important concept in Alabama car wreck law - Uninsured Motorist Benefits. This is the part of your insurance that protects you if you are injured by a driver who is uninsured - who does not have any liability insurance.

Let me know if you have any questions - you can call me at 205-879-2447.

John Watts
Birmingham, Alabama

June 24, 2010

Video - Depositions - The Four Rules Of Answering Questions

Four reminders or rules will keep you in good shape during your deposition:

1. Make sure you hear the question;
2. Make sure you understand the question;
3. Think about the truthful answer; and
4. Only answer the question asked - nothing else.

We'll continue to expand on this in future posts....

Thanks

John Watts
Birmingham, Alabama

June 22, 2010

Video - Most Important Rule In Being Deposed

Here's the big secret of giving deposition testimony - tell the truth.

I know.... startling, isn't it?

But it really is this simple - tell the truth.

In other blog posts we'll give more details on how to make sure that you are testifying truthfully and accurately but it all comes down to making sure that you give truthful and honest answers.

I hope this has been helpful and if you have any questions contact me at 205-879-2447.

Thanks

John Watts
Birmingham, Alabama

June 21, 2010

Why is the insurance company denying my claim when their insured rear ended me?

In years of representing countless personal injury victims from car wrecks, this is one of the more common questions.

Clearly there is an accident. Clearly the other driver ran into the back of you. Clearly you were hurt and went to the hospital.

You gather your medical bills and send those to the adjuster for the guy who smashed into the back of your car.

The insurance adjuster, who seems like a nice guy, promises that he is going to review all this information and look through your medical records and then make you a fair deal. Of course you do not need to talk to a lawyer because he is going to take care of you.

You then become very surprised when he tells you that despite all the treatment that you have had and the time off from work that he can only offer you $1,500.00.

What just happened?

Here’s the deal. We must always remember that insurance adjusters do not work for us and are working for the person that hit us but instead they work only for the insurance company.

No matter how nice they may seem, they are not on your side. They are not your good neighbor. They are not your friend. You are not in their good hands.

Truth be told, they are not even any of those things for the guy that hit you. He may very well want the case settled but the adjuster and insurance company are quite willing for him to face a trial and potentially get a judgment which will stay on his credit report for many years.

The only person the insurance adjuster is working for is his or her insurance company and their primary goal is profits.

There is nothing wrong with an insurance company making money but you should never be deceived about where the loyalty lies – it’s not with you but instead it’s with paying you as little as the insurance company can possibly get away with.

If you’ve been a wreck, and it was the other person’s fault, then go in with your eyes open wide that you may very well have a battle on your hands. Here’s the solution:

1. Document everything as thoroughly as possible. Every medical visit, every phone call, every email, how you were feeling every day, etc.

2. Educate yourself on your rights. Most good personal injury lawyers will have free materials for you to review to help educate yourself so that you can make the right decisions. Get those materials and study them.

3. After you have reviewed the materials, then it is probably worth your time to have a free consultation with a personal injury attorney in your area.

4. Don’t give up. Understand that there will be difficult times but be willing to press forward if you are not getting a fair settlement offer from the insurance company.

I hope this has been helpful to you and if you live in Alabama and have any questions please feel free to call us at (205) 879-2447 or through this website. You are also welcome to receive our free book: "Alabama Car Wrecks - 7 Ways To Lose Your Credibility Which Will Cause You To Lose Your Case" - just let us know if you would like this.

June 20, 2010

Video - What Are The Requirements To Prove Fraud In Alabama?

Fraud law in Alabama is a powerful tool to stop companies that have cheated you and to force them to compensate you for your losses.

The four basic requirements or elements of fraud in Alabama are:

1. Misstatement or lie;
2. About a material fact or an important detail;
3. You must properly rely upon the lie - you can't be overly naive or close your eyes to the truth; and
4. You must have suffered damages.

I hope this video is helpful to you and if you have any questions feel free to contact me through this site or you can pick up the phone and call me at 205-879-2447.

John Watts
Birmingham, Alabama

June 19, 2010

What I Learned About Alabama’s Comparative Negligence Rules From Reading An Alabama Personal Injury Lawfirm’s Website

I was reading a website of a personal injury firm that is a heavy advertiser and several things struck me about the website.

First, it was solely focused on the lawyer and how wonderful the lawyers are and rarely mentioned anything about you, the person that has been injured.

The other thing that caught my eye was various inaccuracies related to the law. For example, in the Frequently Asked Questions (FAQ), the question was posed to the effect of “If I am partially at fault, can I still recover damages for my personal injury case?

The answer started off “Under Alabama’s comparative negligence rules …” Unfortunately, Alabama does not have comparative negligence. Instead Alabama has contributory negligence which means if you were even 1 percent at fault, this will completely bar your recovery if you have sued under negligence.

Note - if you have sued under wantonness or recklessness then contributory negligence is not a bar.

I mentioned this to say for several persons. One is to be very careful about what you read and just because it is online and by a lawyer does not mean that it is accurate. The second reason is to provide a little bit of additional education on our rather strange law concerning contributory negligence which is one of only about three states in the nation that have the rule of contributory negligence barring your recovery. In every other state there is some variation of a formula used that, in essence, takes the degree of fault on your part and reduces the jury verdict by that percentage.

I hope this post has been helpful to you. You are welcome to have our free book - "Alabama Car Wrecks - 7 Ways To Lose Your Credibility Which Will Cause You To Lose Your Case" - just let us know if you would like this... Simply pick up the phone and call me at (205) 879 2447 or send me a message through our website here.

May 29, 2010

Defamation - Overview of Alabama Law on Defamation (Slander/Libel)

We are often asked if someone can be sued for defamation. Or what is the difference between libel and slander and defamation.

We hope this short blog posts answers these questions by providing a simple overview of the law.

Defamation encompasses libel and slander. Normally we think of libel as "written defamation" and slander as "spoken defamation."

For either form of defamation, here is what is needed:

Publication
Defamatory statement
Specific to Plaintiff
Intentional

Here's the quick breakdown of each of these:

Publication
The statement must not have been only made to Plaintiff (injured party) but must have been made to others. Thus, there is no law against saying untrue things about someone if you only say that to the person.

Its when that false statement is told to others that we have this element of "Publication" present.

Defamatory Statement
The basic idea is a false statement that a reasonable third party (i.e. someone other than the Plaintiff) understands to be damaging to the reputation of the Plaintiff.

The words are judged according to their natural (normal) effect upon the mind of the person who hears or reads the words.

Specific to Plaintiff
The false statement has to be specific enough to let the third party know it is likely directed at the Plaintiff - not just a vague statement that could include anyone or everyone.

Intentional
This means the Defendant intended to say or write this false statement that has been published and is about the Plaintiff and not someone else.

We hope this overview of Defamation in Alabama has been helpful and we will follow this up with other posts that go into Defamation in more detail.

If you have any questions, please feel free to call us at 205-879-2447.

We look forward to hearing from you.

John Watts
Birmingham, Alabama

May 25, 2010

Video - Alabama Injury Law - Defense Of Assumption Of Risk

This is similar to contributory negligence and is also a favorite of defendants who are sued in Alabama for negligence.

The basic idea is if you, as the injured plaintiff, do the following:

1. See a dangerous condition;
2. Appreciate the danger of it; but yet
3. Put yourself in that dangerous condition anyway

Then the defendant will argue you are not entitled to recover any money because you "assumed the risk" of the injury.

We'll talk more about this but this gives you the overview of this defense.

Please call me at 205-879-2447 if you have any questions regarding this defense.

John Watts
Birmingham, Alabama