Multi-Million Dollar Verdict for Injured Pedestrian in LA

stop

http://www.presstelegram.com/article/LB/20160526/NEWS/160529665

 

$13.9 million!  Man, that’s a hefty verdict.

Would a similar case warrant a similar verdict in NC?  I’m not sure.  We don’t seem to have such friendly jurors, but this kid did get really messed up.  The full facts aren’t available from an article like this, but I can’t help but wonder if the Defendant’s employer had a lot to do with the size of the jury verdict.  The defendant was an assistant public defender in LA county, and the court found that both he AND his employer were responsible for the accident.  While jurors are not supposed to consider the ability to pay in rendering a verdict, I can’t help but think that the jurors thought that LA county had plenty of money to help this lad get through his injuries, and they gave it to him.

Of course, in NC we always have the specter of contributory negligence in pedestrian cases, so you never know what would have happened with that case here.

If you have an auto accident, especially a pedestrian v. auto accident, please call me at 919-929-2992.

Continue Reading No Comments

$5.5 Million Jury Award in Wrongful Death Claim

Jeffrey-Allen-Howard-logo-small

http://www.insurancejournal.com/news/southeast/2016/06/01/410327.htm

 

This is not my case, and it’s not even a North Carolina wrongful death case.  But it just happened and it’s big, so it caught my attention.

What’s a life worth?  Should it matter whose life it was?  What if it was a hedge fund manager who would earn billions over his lifetime?  What if it was a homeless person with a terminal illness who wasn’t going to live more than 6 months?

I don’t have the answers, really.  In North Carolina wrongful death cases, lost income for support of the family is considered in valuing a wrongful death claim, for better or for worse.  But this, to me, brings up the moral question raised above, but stated differently here: Should your income matter for wrongful death claims, or should we all be “valued” equally?

Once again, I don’t really have an answer, but it’s an interesting thing to ponder on a Monday.  Sorry to start your week off so morbidly.

Continue Reading No Comments

Auto-Accident Property Damage Claims Tips

iStock_000017788975Large

As a general rule, I do not handle property damage claims.  I have made this decision for several reasons.  The first reason is that it does not generally make economic sense for me to spend time and effort on this aspect of your claim when normally you can get the same outcome I can.  Property damage claims are completely unlike bodily injury claims.  There is a great deal of publicly available information that can help value total loss claims so that in most circumstances you will get at least a near approximation of the actual value of your car from the insurance company.  Sadly, in most instances your car is not worth what you would hope, but that’s just the reality of motor vehicles and their constant depreciation.  Generally, if you are offered something within 15% of the KBB or NADA value of your car, it is not worth hiring some expert appraiser or spending hours researching car sale ads to argue for a few hundred more dollars.  It simply is not a wise investment of your time and resources.

The other reason is that to me the far more important aspect of your claim is your bodily injury claim.  Cars can be replaced, loss of material goods can be overcome, but injuries to your one and only body are far, far more serious and far more difficult to value and get over.  I want to spend my time and resources helping you get the treatment you need and to get the compensation you deserve for your bodily injury.  I want you to spend your time and resources on getting better.

In the end, your health is the most important aspect of your claim and it deserves our utmost attention.  Having said all that, I’m happy to let you bend my ear if you have questions about your property damage issue and I will help walk you through it.  If you are in one of the rare, rare exceptions to my rule and you need help in your claim I will offer it.  Otherwise, take a look at the following points to help you walk through your property damage issue.  I look forward to working with you and hope you feel better soon.

 

 

PROPERTY DAMAGE POINTS OF INTEREST

 

  • You have the right to have your vehicle worked on by the mechanic/body shop of your choice, so tell the adjuster if you have a preference.
  • If you’re having a dispute with the adjuster about what damage was pre-existing and what was caused by the accident, consider taking the vehicle to your mechanic to see if he can persuade them to see your way.
  • If you’re continuing to have a dispute with the adjuster about a property damage issue and have collision coverage on your auto policy, you should consider making a claim with your carrier so the two insurance companies can fight about who’s right. The upside is you’ll get your car fixed likely in a more expedient manner and you can always attempt to get your deductible from the at-fault carrier.
  • Pay very close attention to where your vehicle is taken after the accident. In many cases where liability is disputed or the carrier is lagging, the vehicle may be taken to a storage facility and storage charges may be accruing daily.  You should make every effort to get the insurance company to move the vehicle to somewhere where there will be no storage costs, either at your home or a facility they own.  If the at-fault carrier is non-responsive, use your own carrier.  If that is not available, consider having it towed home at your own expense.  It will likely save you money in the long run and you can always ask for reimbursement at the end of your claim.
  • You should be paid the fair market value of your car if it is a total loss. A total loss is when the cost to repair the vehicle is 75% or greater than the value of the vehicle.
  • Use online resources like Kelly Blue Book and NADA to help value your care.
  • http://nada.com/
  • http://www.kbb.com/
  • Remember, you are not getting retail for your car! And you’re also not getting trade in value!  What you are entitled to for a total loss if “fair market value” which is defined as what a willing buyer would pay a willing seller at that moment in time.  That’s obviously a moving target, which is why resources like KBB and NADA are valuable to help you get a good target range for the value of your vehicle.
  • If your car is repaired and is not a total loss you may have a claim for diminished value. In other words, your car may be worth less since it was damaged.  These are rare claims and are difficult to prove and sometimes expensive to pursue.  These do not generally fly very well when you have an older car that is damaged.  But if you have a newer car with low mileage, you might have something.  If you think you have one of these, call me to discuss it.  This is one of the rare instances where my involvement in your property damage claim can make a difference.  And these claims need to be raised within 30 days of getting your vehicle back, so make sure you act quickly!

 

These are just a few helpful hints to help you navigate the wacky world of property damage claims.  If you have any questions I’m happy to talk with you about them, but remember to keep it all in perspective.  Call me if you need me!

Continue Reading No Comments

What is my claim worth?

girlinaccident

I was at a lunch with a random non-client recently and he asked me, “So for a normal case with a broken leg, what is something like that worth?”

You know attorneys almost never give simple, straight-forward answers.  So of course, I didn’t.  But there’s a reason for that.  There is no simple, straight-forward answer to that sort of question.

 

Let’s take his example: What’s a broken leg case worth?  Well, riddle me this…

Are there any problems with liability?

What are the treatment costs?

Was there any need for prolonged treatment? 

What sort of activity level did the person have prior to the accident?  After the accident?  After recovery? 

Was there any sort of permanent disability from the break?

Was there any lost income? 

 

And that’s just a few of the questions that I think would factor into case value.  You see, this business isn’t a simple one.  So the next time you’re wondering how a personal injury attorney earns his or her fee, remember that they don’t only answer questions, but they know the questions that need to be asked.

Continue Reading No Comments

$400,000 Settlement for Injured Pedestrian

twit

 

http://www.seattletimes.com/seattle-news/cyclist-struck-by-ex-seattle-councilmember-sally-clark-to-get-400000-settlement/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_seattle-news

 

A city council member in Seattle whacked someone while riding her bicycle, and the case recently settled for $400,000.

Would that play out this way in North Carolina?  Hard to say.

First, with most bicyclist, there isn’t going to be much, if any, insurance that might cover it.  Homeowner’s Insurance might cover it, but that assumes they have it.

Second, if there isn’t any insurance, then most people riding bikes don’t have $400,000 to pay out.  But we might want to look out for one of those Lance Armstrong wannabes with their $5000 bikes.  That’s a start…

Finally, I think the only reason they were able to pull this much out of this case was that there was a governmental entity without immunity behind the tortfeasor.  In NC, governmental immunity might apply, which means you’d get $0.  Ick.

Eh.  That’s all I have this week.  I’ll try to make it more interesting next week.

 

Continue Reading No Comments

Injury Claims are like Sand Castles

up high 'murica

I know it sounds way loony.  But hear me out…

Injury claims are like sand castles.  To make a sand castle, you need two things:  sand and water.  To make an injury claim, you generally  (there are no absolutes in this business) need two things: injuries and treatment.

When you’re making a sand castle, you need sand because it’s your main building material.  But without water, you can’t get it to rise up, hold a form, and stay stable.  Too little water and you can only make a sand hill.  Too much water and you can only make a mud puddle.

With injury claims it’s a similar dynamic.  You need injuries as your damages, your main building material if you will.  But without treatment to lend credence to the injuries, you don’t have as strong of a claim.  You don’t have a third party expert verifying your injuries, you don’t have documentation showing what you have endured in your recovery, and you don’t have as many economic losses to show, either.

Like with a sand-only sand castle, if all you give me is an injury, then I can make a hill, but not a very big one.  If you want your claim to be treated seriously, and frankly if you want to get better (and who doesn’t?) then you’re going to want treatment.

But like the water issue, too much treatment can be as big of a problem as too little; you don’t want to run up a bill needlessly, and you don’t want to get treatment you just don’t need.

Of course, there are exceptions to every rule.  There are no treatments for rib fractures other than pain meds, but they still have value.  And there are several other examples I don’t need to go into.

So there you have it.  Injury claims are like sand castles.  And I am the Forest Gump of personal injury attorneys.

And that’s all I have to say about that.

Continue Reading No Comments

Trucking Cargo Injury Claims

index

http://www.insurancejournal.com/news/west/2016/05/04/407521.htm

A truck doesn’t have to hit you to be responsible for accident injuries.

In Utah a father and 4 year-old daughter were killed in a traffic pileup caused by a doghouse falling from a vehicle.  The surviving parent filed a wrongful death lawsuit based on the trucker’s negligence in securing a doghouse that he was carrying.  The doghouse fell from his truck, causing a multi-vehicle accident, which ended when a tractor trailer smashed into the rear of the car carrying her husband and daughter (their dog died as well).

Of course, this isn’t a North Carolina case, but this could happen here.  It seems like a very viable case, particularly in light of the fact that there are at least two potential defendants – doghouse truck and tractor trailer.  One might argue that having two defendants is worse than just one, as it leads to too much finger-pointing.  But with these facts I think a jury will want blood for this family, and they’ll pick one or both and hammer them.  I hope so, anyway.

 

Continue Reading No Comments

NC Injury claims: Do I have a good case?

girlinaccident

“Do I have a good case?”

This is one of the questions I am most frequently asked.

At the beginning of my discussion with an accident victim, I am often not informed enough to intelligently answer this question.  But I get it; people want to be reassured at a time when things aren’t really going their way.  They want to hear that things are going to get better.  So how do they know if they have a good case?

Of course, I’m a lawyer, and I am professionally forbidden to give easy, unequivocal answers.

It depends on what you mean by a “good case.”

There’s a great saying in injury law: “It’s better to have your health than a good case.”  That means a “good case” is one that is of high value.  No one really wants that, because that means you have to be really, really messed up.  You don’t want that, and I don’t want that for you.

But if by “good case” you mean, “Am I going to be able to get my expenses reimbursed?” then that’s a different answer.

What makes a plausible injury claim in North Carolina is, generally, clear evidence of duty, breach, causation, and damages.

In auto accident law, everyone has a duty to drive in a way that a reasonably prudent person would in the same or similar circumstances.

They breach that duty when they drive unreasonably.  That can be not paying attention, driving too fast, running a red light, passing in a no passing zone, or lots of other things.

If that breach causes a victim to sustain damages, then you have an actionable claim.

Now, that might mean you have a good argument, but your case value/recovery will hinge on several other factors, most importantly insurance coverage, but there are other things…

To make a long story endless, to have a “good case” you need to show that someone messed up where they shouldn’t have and that it hurt you.  That will go a long way toward getting you an actionable claim.  But that’s not the full investigation.  This is reason number 432 why, when you’re injured, you should talk to a lawyer.

Call me at 919-929-2992.

Continue Reading No Comments

Workers’ Compensation Claims AND Personal Injury Claims from the SAME Accident

Jeffrey-Allen-Howard-logo-small

Yep.  That’s a thing.  Well, two things, really.

Injury law can be really, really confusing the way it’s set up, particularly in North Carolina.  People often think since I’m a personal injury lawyer I know all about med mal cases.  I don’t.  They’re not really the same thing.  Same thing when they hear I do Workers’ Comp, they think I know all about Employment Law.  Once again, different things.  The strict nomenclature might lead you to believe that each case can be pigeon-holed into one category and one category only.  But that would maybe be too simple.

When you have an injury by accident, arising out of and sustained in the course of your employment, you often have a valid Worker’s Compensation claim in North Carolina.  But if that injury was caused in an accident that arose due to the negligence of another person, then you might also have an injury claim against that person.  Yes, you can have TWO types of claims from ONE accident.  Crazy, huh?

Of course, this has it’s benefits and its detriments.

The good thing about a Comp claim is that it keeps you current.  What I mean by that is that it pays you while you’re out of work, and it pays for your medical treatment.   This is unlike normal injury claims in NC where the victim has to bear their losses until the end, and then they try to get reimbursed for their losses.  The bad thing about having a double claim like this is NC law gives the Comp carrier (the insurance company for your employer) the right to get their money back from you IF you get money from the person who caused your injury.  Of course, it’s never that simple, and you have the power to try to whittle that down some, but that’s also not simple.

In a nutshell, you CAN have two claims from an on the job accident.  And if you do, you can almost know for sure that it’s going to get complicated, and you probably need some help.  Call me!  919-929-2992.

Continue Reading No Comments

The Property Damage Window

iStock_000017788975Large

“Everything you say can and will be held against you…”

That’s the beginning of our now famous Miranda rights, (supposedly) recited to anyone who is arrested in America.

The same caution should be given to auto accident victims.  When you are speaking to the other side, the at-fault insurance company, everything you say is being taken down, and they are looking for things they can use against you.  In fact, how they get information out of you is geared toward getting information that is good for them.  So be careful!  Say nothing if you can.

But, having said all of that, people often get tricked into talking too much.  How?  They are desperate about getting their car fixed!  This is what I call the Property Damage Window.

Auto insurance company adjusters use this desperation that you feel when you have no car as a window of opportunity to get you to talk to them and, hopefully for their side, to say things that will hurt your case.

So, if you can, avoid speaking with the other side at all!  Talk to a lawyer first if possible.  But if you must, be very careful about what you say; everything you say can and will be used against you.

Call me at 919-929-2992.

Continue Reading No Comments

Contact Jeffrey

Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

Address Doesn't Matter!

Quick Contact Form