As an attorney in Idaho Falls, Idaho, I often see car accidents where there are no broken bones, but a person is still injured. Often these type of injuries are referred to as "soft tissue injuries."
In Idaho, Soft tissue injuries are quite common among car victims. Contrary to popular belief, they can also be very serious. Individuals who have severe soft tissue injuries may end up bedridden and unable to work and perform their normal, day-to-day activities. Unfortunately, it can be difficult to find a lawyer who will represent someone with seemingly minor soft tissue injures. This is primarily because some lawyers don’t believe that these types of injuries are compensable. While this is sometimes true, it’s not always. There are Idaho personal injury attorneys who will take on these types of cases and who win them.
What is a Soft Tissue Injury?
A soft tissue injury is one in which the tendons, ligaments and/or muscles are hurt or damaged. These types of injuries aren’t as visible as, say, a broken bone. However, this doesn’t mean that they are any less painful or debilitating. Soft tissue injuries can be very painful and can limit a person’s range of motion, ability to move and get around. If the injury/injuries are serious enough, it could impact a person’s ability to work and care for their family. In these cases, it may be possible for a person to be compensated.
Trial Attorneys in Idaho Falls, Pocatello and all of East Idaho focusing on acccidents, injury and criminal defense law.
Showing posts with label Car Accident. Show all posts
Showing posts with label Car Accident. Show all posts
Thursday, March 1, 2012
Tuesday, February 7, 2012
Rear-end car accidents.
While practicing injury law in Idaho, I have seen many different kinds of car accidents. A large majority of those accidents are rear end accidents. In fact, study show rear end collisions are the second most common accident, second only to backing accidents, in the United States.
There are many causes for rear-end accidents. Drivers following too closely to the vehicle in front of them cause a majority of these crashes. Distractions also play a big role in these types of collisions. In addition, adverse road conditions and disregarding safe driving speeds can also play a part.
There are certain types of injuries that are typical to these types of accidents. For instance, being propelled forward, the vehicle occupants' unsupported heads lag until their necks reach a distortion limit and then are whipped forward. As a result of this force, many people suffer neck injuries, as well as back, shoulder, knee, spine and head trauma.
In order to reduce the risk for rear-end accidents; drivers can take precautions. For commercial drivers, written company policies and education programs about traffic safety and behind the wheel activities, such as cell phone use, are crucial. Both commercial and non-commercial drivers should remember to keep pace with traffic and avoid tailgating and distractions. These are all helpful ways to avoid rear-end collisions.
When a driver or their passengers are injured due to a rear-end crash, they may have to deal with property damage, lost time from work and medical bills. In these cases, a reputable personal injury attorney can help crash victims negotiate with insurance companies and protect victims' legal rights.
Tuesday, January 10, 2012
What about my car? Property damage in car accidents.
I will get telephone calls from people who were involved in a car accident here in east idaho and their car was badly damaged. Often the adjuster will tell them the car is a total loss. Obviously, many people feel like the adjustor's settlement offer for the car is unfair.
If you have been in an accident and are trying to handle the property damage portion of your claim, be sure to follow these tips:
1) If you were injured in the car accident, contact an Idaho personal injury lawyer and discuss your case before signing insurance papers regarding the property damage. A personal injury lawyer can ensure your bodily injury claim is not limited by the papers you have been asked to sign.
2) The insurance company is obligated to put you in a rental car that is the same size as the car you were driving at the time of the accident. Do not let them put you in a small car that saves them money. If they don't, you can ask the insurance company to compensate you $20-$25 for every day you went without a car.
3) You do not have to accept the property damage adjustor's first settlement offer for you car. Most insurance companies determine the value of your car by finding comparable vehicles as close to your home as possible. They are not interested in the Kelly Blue Book value of your car. So be prepared for their settlement offer by finding a similar car, with similar features and milage on autotrader.com or your local classifieds. If the adjustor's offer is less than the comps you have found, send the adjustor a counter-offer with copies of your comps.
4) Be sure not to keep the rental car longer than permitted or you will be responsible for the additonal charges. The insurance company is only responsible for providing a rental car from the date of the accident until they make a "reasonable offer" for the replacement of your car. If the adjustor makes an offer and tells you to return the car, be sure to return the car, even if its before your settlement check has arrived.
If you have been in an accident and are trying to handle the property damage portion of your claim, be sure to follow these tips:
1) If you were injured in the car accident, contact an Idaho personal injury lawyer and discuss your case before signing insurance papers regarding the property damage. A personal injury lawyer can ensure your bodily injury claim is not limited by the papers you have been asked to sign.
2) The insurance company is obligated to put you in a rental car that is the same size as the car you were driving at the time of the accident. Do not let them put you in a small car that saves them money. If they don't, you can ask the insurance company to compensate you $20-$25 for every day you went without a car.
3) You do not have to accept the property damage adjustor's first settlement offer for you car. Most insurance companies determine the value of your car by finding comparable vehicles as close to your home as possible. They are not interested in the Kelly Blue Book value of your car. So be prepared for their settlement offer by finding a similar car, with similar features and milage on autotrader.com or your local classifieds. If the adjustor's offer is less than the comps you have found, send the adjustor a counter-offer with copies of your comps.
4) Be sure not to keep the rental car longer than permitted or you will be responsible for the additonal charges. The insurance company is only responsible for providing a rental car from the date of the accident until they make a "reasonable offer" for the replacement of your car. If the adjustor makes an offer and tells you to return the car, be sure to return the car, even if its before your settlement check has arrived.
Sunday, December 4, 2011
Injured at work? Someone else's fault?
Often times while working on the clock, someone is injured by another party. This situation can arise in an automobile accident, construction accident, product liability accident, premises accident, or medical malpratice claim for instance. In these situations, while you may be eligible for worker's compensation benefits, you may be entitled to even more compensation if the third party is liable for your accident or injuries. Claims in these circumstances can be confusing.
Deciding who is responsible for paying what is always a big concern. Furthermore, worker's compensation can claim subrogation rights to and file liens on any third party recovery. Under Idaho law these employer's rights can be affected by the employers own liability. While this article may not provide many answers if you have been invovled in this type of situation, hopefully it will give you an idea of what you may need to think about and an understanding that you do have rights. In later articles I will address specific concerns in more detail. In the meantime, feel free to contact for a free consultation to discuss any of these issues.
Deciding who is responsible for paying what is always a big concern. Furthermore, worker's compensation can claim subrogation rights to and file liens on any third party recovery. Under Idaho law these employer's rights can be affected by the employers own liability. While this article may not provide many answers if you have been invovled in this type of situation, hopefully it will give you an idea of what you may need to think about and an understanding that you do have rights. In later articles I will address specific concerns in more detail. In the meantime, feel free to contact for a free consultation to discuss any of these issues.
Wednesday, October 19, 2011
Injured in a Car Accident? What should I Do?
Questions? Contact us at http://www.eastidahoattorney.com/
1. Exchange information with the other party. License, registration and insurance information. If you do not you can face criminal penalties for hit and run.
2. You may want to call the police. If the police show up it is good to explain what you remember from the accident. But, you aren't required to speak to a police officer. If you risk saying anything that could incriminate you it is wise to keep silent and "request and attorney".
3. If there are any witnesses, get their information and any statements.
4. Get any pictures. Take out your camera phone and take pictures if you need to for use later.
5. Inform your insurance company. Your insurance company has some duties to you and the sooner you inform them, the easier it will be for them to follow your claim
6. Be very careful with the other driver's insurance company. An insurance company has no reason to try to maximize your claim. Their goal is to help their insured and often they will try to pay as little as they can.
7. Get any necessary medical treatment and keep track of all treatments you have had.
8. It is best to talk to an attorney. Most attorneys for injury claims will meet you without a fee. Insurance companies are very skilled in finding ways to pay as little as possible. But importantly, it is better to get advice, even if an attorney isn't ultimately needed.
1. Exchange information with the other party. License, registration and insurance information. If you do not you can face criminal penalties for hit and run.
2. You may want to call the police. If the police show up it is good to explain what you remember from the accident. But, you aren't required to speak to a police officer. If you risk saying anything that could incriminate you it is wise to keep silent and "request and attorney".
3. If there are any witnesses, get their information and any statements.
4. Get any pictures. Take out your camera phone and take pictures if you need to for use later.
5. Inform your insurance company. Your insurance company has some duties to you and the sooner you inform them, the easier it will be for them to follow your claim
6. Be very careful with the other driver's insurance company. An insurance company has no reason to try to maximize your claim. Their goal is to help their insured and often they will try to pay as little as they can.
7. Get any necessary medical treatment and keep track of all treatments you have had.
8. It is best to talk to an attorney. Most attorneys for injury claims will meet you without a fee. Insurance companies are very skilled in finding ways to pay as little as possible. But importantly, it is better to get advice, even if an attorney isn't ultimately needed.
Subscribe to:
Posts (Atom)