Obtaining Witness Information After an Accident

If you are in an accident, witnesses can be a big help, especially if there's a dispute over what happened.

At the scene of a car, slip and fall or other accident, get the names, addresses and work and home phone numbers of witnesses. Try to get this information from all witnesses. This includes workers, others at the scene, and people nearby. The reasons are that some people may move away or have trouble remembering details of the accident. Also, some witnesses see or hear things from different places, so it may be necessary to have information from several witnesses to fully piece together what happened. Questions may arise about conditions at the scene, like weather or lighting. So witnesses may be helpful even if they did not see everything.

After an accident, it may be hard to think clearly and you may just think other people will get witness information. But don't assume that other parties to the accident or the police (if they respond to the accident scene) will get witness information. Obtain this information yourself. It can go a long way to help you get the maximum compensation for your accident injuries and losses.

Answers To Frequently Asked Personal Injury Questions

Many people who have been in an auto or other kind of accident call us with questions. Here are answers to some often-asked ones.

Q. I was hurt in an accident and want to make a claim, but I'm concerned about legal fees. How will I be charged?

A. Most personal injury claims are handled on a contingent fee basis. This means there's no fee unless there is a recovery (there may, however, be court and other costs). The fee is a portion of the recovery.

Q. If I make a claim, how long will my case take?

A. The answer depends on several factors, including your injuries and the other side's willingness to resolve the matter. Many claims are resolved fast, while others -- often because the person's damages are not known for a while -- take longer. Every effort will be made to resolve your claim quickly, with the goal being to get you the maximum compensation.

CNN Investigation Exposes How Insurers Mistreat Accident Victims

Two CNN reporters did an 18-month investigation of how insurers handle car accident claims. Their findings were troubling, but no surprise to anyone who has been victimized by insurance industry tactics.

The report focused on common types of car accidents -- fender benders that cause moderate damage and injuries to the victim's soft tissue, which are hard to see and hard to show by medical examination or x-ray. The report found that insurance companies often:

• delay handling your claim,


• deny that you were hurt, or


• cost you money by forcing you to go to court.

The reporters even obtained an insurance company's training manual which told claims adjusters to try to force small settlements.

A former adjuster told CNN she used these tactics, sometimes offering poor victims as little as just $50. The adjuster knew poor people would take small settlements, fearing that otherwise they would get nothing. An insurance company lawyer admitted the company's strategy was to make fighting the company so costly and time-consuming that even lawyers would not be willing to fight for clients.

According to the CNN report, these tactics have forced accident victims to settle and walk away from billions of dollars, letting insurers keep these amounts for themselves.

Another former employee told the CNN reporters that insurance companies profit from using these practices; that the profits are good and as long as the public lets this occur, insurance companies will get richer and people will not get fair and reasonable settlements.

Insurance companies naturally deny using these tactics. But many people feel they have been victimized twice. First in a car or other accident. Then when a claim is submitted and the insurer wrongly delays and denies the claim, offers only low-ball settlements, and runs up the victim's cost by forcing the claim to court. CNN's investigative report tends to show this is true.

Don't be a victim of unfair insurance company practices. after a car accident, consult your lawyer about your rights to make a claim, and about fair value of your claim. Getting a lawyer's help with your insurance claim can help you get a larger and faster settlement. If the insurance company won't make a fair settlement, your lawyer can advise you on your rights to pursue a claim.

Read the full article at CNN.com: http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html

Making An Injury Claim Doesn't Automatically Mean Going To Court

Many accident victims think that if they make a claim to recover compensation for their injuries, the procedure will involve many court hearings and they will have to go to court. As such, one of the first things most accident victims want to know is whether their claim will be settled or there will be a lawsuit.

Though no one knows what will happen in a specific case, most personal injury claims -- over 80% according to several studies -- are settled out of court.

Even though most injury claims are settled, a small percentage result in lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit is needed to get what the accident victim is entitled to receive. Even if a lawsuit is filed, there likely won't be a full trial, as cases can settle at any time. According to several studies, only about 3% of cases had a trial.

If you are in an accident, don't let the fear of going to court stop you from making a claim. You could be giving up a valid claim that lets you recover compensation for your injuries. Also, if your injury claim is like most others, it will be resolved without you going to court.

After An Accident: Don't Make These Mistakes!

If you have been in an accident, what you say and do after it can affect your compensation. Here are some common mistakes accident victims make, and how to avoid them.

Handling a personal injury claim without a lawyer's help.

After an accident, an insurance adjuster will likely try to convince you not to use a lawyer, saying a lawyer won't get you more money. But handling your claim alone can be a big mistake. Adjusters work for the insurance company, not you, and they say this so the company can pay you less money. Studies show accident victims receive more with a lawyer's help. So don't make the mistake of believing adjusters who say a lawyer won't increase your compensation.

Giving statements to adjusters without consulting a lawyer.

After an accident, an adjuster may try to get taped statements from you. Adjusters are trained to get people to make damaging statements, and anything you say will be used to lower your compensation. So don't make the mistake of giving a statement to an adjuster without consulting your lawyer.

Signing insurance company documents without legal advice.

Just as adjusters try to get you to make damaging statements, they may also try to get you to sign documents that help the insurance company. These documents could effectively end your claim for little money. Don't make the mistake of signing documents without consulting your lawyer.

Waiting to seek legal help.

The longer you wait to get legal help after an accident, the harder it can be to find evidence and witnesses. If you wait, you also risk losing your claim because the deadline for making claims may expire.

Settling too fast, before all your injuries are known.

Many accident victims think they suffered only minor injuries and accept a fast settlement. Later, they discover their injuries are worse than they thought, but they can't get more money. Since many injuries take time to develop, don't make the mistake of settling your claim before knowing the extent of your injuries.

These are some mistakes accident victims make that hurt their case. If you have questions about what to do after an accident, call us at 1-800-339-3332. Seeking legal help promptly will help you avoid these and other mistakes.

Common Workplace Injuries

Have you ever been hurt on the job? Even a small injury could make you eligible for Workers' Compensation. Below is a list of the most common workplace injuries that are often overlooked.

• Lifting Injuries: Heavy lifting is one of the most common workplace injuries. These often result in musculoskeletal disorders (MSD), which is defined by the U.S. Department of Labor as an injury or disorder of the muscles, nerves, tendons, joints, cartilage or spial discs, and tend to keep you out of work longer than other workplace injuries. These are often characterized by back or muscle pain which make simple movements very difficult. Heavy lifting is common and acceptable in the workplace, as it is not the heavy lifting that causes the injury. Rather, the injury is caused by improper lifting techniques.



• Use of Heavy Equipment: Injuries involving heavy equipment is much more applicable to those in the construction and manufacturing fields, as these workers use heavy machinery to work more efficiently. Injuries involving heavy equipment are often the result of an accident or negligence. Regardless, one is still eligible for workers' compensation benefits.



• Automobile Accidents: Those who use a vehicle for work is at risk for an automobile accident. These people can include salesmen, delivery people, and anyone else driving a car for a work-related purpose. Workers' compensation benefits are available to anyone who qualifies, regardless of who was at fault in the car accident.



• Falls From Heights: Falling at work is one of the most common workplace injuries. Falling at work often results in injuries such as sprains, pulls, tears, fractures, and breaks. These injuries often result in time lost from work. Therefore, those who suffer from a fall at work are entitled to workers' compensation benefits during the time they are out of work.

Please be aware that an injury or illness is considered work-related if something in the workplace caused or contributed to the condition, or if a pre-existing condition was aggravated. To avoid a workplace injury, be sure to know of the risks in the workplace. For example, be aware of any machinery that can burn you, cut you, etc. Knowing how to properly utilize the machinery will decrease the likelihood of being hurt by the machine. Also, do not over-exert yourself. Excessive lifting, for example, not only can cause back strains, but it can also lead to overexertion of heart and lung muscles. Recognize when it is too much and have someone assist you. For more tips on staying safe and avoiding workplace injury, please see http://www.injuryboard.com/help-center/articles/how-to-stay-safe-and-avoid-workplace-injury.aspx

To request more information regarding your case, please contact Ladas & Ladas, P.C. at 1-800-339-3332