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www.consoleandhollawell.com© Copyright 2011
The 7 Biggest Legal MistakesPeople Make After An Accident
(And How To Avoid Them)
Console & Hollawell P.C.525 Route 73 North Suite 117
Marlton, NJ 08053Toll Free: (866) 778-5500
The 7 Biggest Legal Mistakes People Make After a Car Accident
A Cautionary Tale
Tom’s Story
D
riving home from his job as a maintenance worker at a local high school, Tom was stopped in
traffic at an intersection near his home. A truck traveling at a high rate of speed rear-ended
Tom’s car, forcing it into the path of oncoming traffic. Although his car was totaled, the truck
driver’s insurance company refused to pay him what his car was worth.
When Tom came to our firm, he just wanted to receive reimbursement for his property
damage and move on with his life. Sure, he was a little sore from the impact of the accident,
but he assumed that the pain would subside with time, as soreness always had in the past.
Tom didn’t know that the extreme forces exerted in a car accident could cause unseen
permanent injuries that get worse over time – not better.
While we quickly took care of his property damage claim, within a month, Tom was back and
his pain was worse than ever. In addition to neck and low back pain, he suffered numbness
and tingling in his fingertips and an uncomfortable sensation in his hip and thigh. He did not
realize that these were telltale signs of herniated discs in his neck and lower back that were
pressing on the nerves of his spinal cord – a serious, potentially permanent condition that is
common among victims of motor vehicle accidents. Still, Tom was reluctant to pursue his
right to compensation for his injuries. He felt that he wasn’t the “kind of person” who would
file a lawsuit.
*Note: This client’s name has been changed to protect his privacy
©Copyright 2011
1
The 7 Biggest Legal Mistakes People Make After a Car Accident
Tom just wanted to receive reimbursement for his property damage and move on with his life.
Little did he know that the “routine” soreness was to turn into a debilitating long-term medical condition – a condition that the other driver’s insurance company denied it was responsible to pay.
We immediately made arrangements for treatment of his injuries by
a doctor that specialized in the traumatic injuries often resulting
from a car accident. Tom got relief from his pain and was getting
better. In a tactic that is all too common among insurance
companies, they attempted to cut off payment of his medical
benefits, despite the fact that they were legally required to pay for
this treatment. The insurance company attorneys made every
argument in the book to avoid payment for his medical treatment
and his permanent injuries. They argued that Tom wasn’t really
injured, and even if he was, it must have been from a different
cause, since he didn’t seek medical treatment until a month after the
accident. To counter these arguments, we presented medical reports
and the results of medical tests which showed multiple herniated
discs resulting from the accident. We successfully fought for Tom.
He was awarded well over $100,000 for these injuries.
What can you learn from Tom’s experience? Tom was smart.
Despite the “warm and fuzzy” advertising slogans put forth by
insurance companies, he recognized that they aren’t necessarily “on
your side”, and that he needed to act quickly in order to protect his
rights to fair compensation under the law. Many people aren’t so
lucky – they wait until it’s too late.
If you’ve been injured by the carelessness of others, you need
attorneys who will aggressively take on the insurance companies to
ensure that your rights are protected. We handle your property
damage claim and make sure that you receive medical treatment so
that you can get better. We’ll fight to get your medical bills get paid.
We get your life back on track.
©Copyright 2011
2
The 7 Biggest Legal Mistakes People Make After a Car Accident
If you’ve been involved in a car accident, you may have a lot of questions, including:
• What are the significant injuries people sustain in an accident that are often overlooked?• Should you sign the forms sent to you?• Should you give statements to anyone?• Is a quick settlement ever a good idea?• How do you select a lawyer?• Why a “clean” x-ray at an emergency room may not mean that you do not have
significant injuries.• What common property damage mistake can cost you thousands of dollars?• Why the insurance companies, even your own, are not necessarily Aon your side@?• How to make sure your medical bills are processed properly so you are not stuck with
them.
We believe that the following information in this book will enlighten you and provide
information that can assist you in making important decisions pertaining to your vehicle
accident case.
Contact our office today for a free evaluation of your accident case.
Toll free 1-866-778-5500
©Copyright 2011
3
Mistake # 1 Not Recognizing Significant Injuries After Your Accident
The extreme forces involved in a vehicle
accident can cause injuries which are quite
different than the garden-variety strains and
sprains people are used to getting. Vehicle-
related injuries often target the weakest points
within the body such as the head, neck, back,
wrist and knees. Immediately after the
accident, you may experience some discomfort
and soreness which feels like muscle strain
from overexertion when you exercise too
strenuously. However, unlike overexertion,
where the pain goes away over time, vehicle-
related injuries often worsen over time.
What’s more, it can sometimes take a month
or more for symptoms to show up after an
accident. The pain can be debilitating and the
injuries can be permanent.
Based on my experience handling thousands
of vehicle accident claims, the following are
the most common types of injuries resulting
from vehicle accidents:
Head injury. A concussion may result from
the rapid acceleration / deceleration that
occurs when a vehicle collides with another
object. As a result, the brain can
bang against the inside of the skull and
become bruised. This is called a concussion.
Head injuries are one of the most overlooked
types of injuries, and, in some cases, can result
in prolonged brain damage. Victims can
suffer from severe headaches, memory loss,
mood swings, and cognitive difficulties (ie.
losing their keys, forgetting what they were
trying to do, etc.)
Temporomandibular joint injury. This joint
connects the jaw bone to the skull. Symptoms
of this type of injury include a popping or
clicking of the jaw, pain when chewing and
headaches.
Neck injury. The most common type of
serious neck injury related to a car accident is
a herniated disc. Bony vertebrae in the neck
are cushioned by discs that are designed like a
jelly doughnut. They have a leather-like
exterior and an interior that is the consistency
of toothpaste. As a result of an accident, the
exterior of the
disc tears,
allowing the
interior
material to
slowly leak
out over time.
The result is
that the disc
material
presses against the nerves of the spinal cord.
A herniated cervical disc can cause pain and
stiffness from muscle spasms in the neck, and
a radiating sensation into one or both arms,
and numbness and tingling in the hands and
fingers, particularly when first waking up in
the morning.
Lower back injury. A herniated disc in the
low back is very similar to one in the neck.
Symptoms include pain, muscle spasms, an
uncomfortable sensation which travels from
the low back into the hip or thigh and
sometimes to the calf and/or foot. Victims are
often unable to sit comfortably for extended
periods. Symptoms often worsen over time.
Wrist injury. The
impact of an
accident can cause
carpal tunnel
syndrome, especially
if the person braced
themselves against the dash board or steering
wheel during impact. The median nerve
travels through the carpal tunnel into the hand,
and due to increased pressure from the trauma,
people experience pain in the wrist and hand.
Knee injury. The knees are vulnerable to
injury as they can make contact with the
interior of the vehicle, or be traumatized upon
impact. Injuries to the anterior cruciate
ligament (ACL) are not uncommon. A tear in
this knee ligament can be both debilitating and
very painful. When the ACL injury is chronic
(long-lasting and recurrent), the knee joint
may become unstable. The knee buckles or
gives out, sometimes with pain and swelling.
This type of injury is often treated with
surgery and rehabilitative therapy.
See the right medical professionals.
If you are injured as the result of a vehicle
accident, it is important to seek treatment from
medical professionals who specialize in the
assessment of traumatic injuries. Many of our
clients were treated immediately after their
accidents in the emergency room or by their
family physicians and given a clean bill of
health at first, but, over time longer-term
injuries such as those discussed above began
to emerge. For example, an emergency room
x-ray may show no fractures to the bony
vertebrae of the back, but an MRI is often the
best way to diagnose a herniated disc.
We can assist our clients in finding qualified medical professionals experienced with diagnosing and treating the injuries often seen in car accidents.
Contact our office today for a free evaluation of your accident case. Toll free 1-866-778-5500
Mistake # 2 Waiting Too Long To Pursue A Claim
As noted in Mistake #1, some injuries
resulting from a vehicle accident do not show
up until weeks after the accident. And if you
then wait for your pain to just “go away” by
itself, even more time passes. If you wait too
long to look into a claim, you could forfeit all
of your rights to compensation for your
injuries, medical bills and property damage
expenses. And when you have been injured or
even disabled because of your vehicle-related
injuries, the last thing that you want to deal
with is the responsibility of paying mounting
medical and property damage bills out of your
own pocket.
Unfortunately, the more time that elapses from
the time that the accident occurs and the time
that you pursue a legal claim, the more likely
the insurance company will attempt to blame
your medical injuries on something – anything
– other than the accident. Remember Tom at
the beginning of this book? Attorneys for the
insurance company asserted that Tom’s
herniated disc injuries were from another
source, despite MRI results that showed his
injuries were “text-book” examples of a
vehicle-related injury.
If you’ve been in a vehicle accident, don’t wait to call an attorney! Contact our office today for a free evaluation of your accident case. Toll free 1-866-778-5500
Mistake # 3 Thinking Your Insurance Company Is Here To Help You
Anyone who’s seen the thousands of insurance
company commercials on television may think
that the insurance company is their greatest
ally when a claim must be filed after a car
accident. Catchy slogans like “You’re in good
hands”, “Like a good neighbor” and “on your
side” are intended to elicit trust from
policyholders. But this trust is often
misplaced.
The cold, hard facts are these -- insurance
companies are in business, first and foremost,
to make money. They may pay out on a claim
that you file, but they try to limit that payment
as much as possible. That’s why you may be
offered a “quick” settlement (see Mistake #5)
that pays out substantially less than what you
deserve.
Many people who come to our office with
injuries resulting from a vehicle accident have
not submitted their medical bills to their
Personal Injury Protection (PIP) insurance,
which is primary (health insurance is
secondary). No Fault Law requires that every
automobile insurance policy include an
element of health insurance to pay for medical
bills incurred by the insured or their household
family members due to an accident. In
addition, PIP coverage is provided to any
person who drives your car with your
permission and to any passenger in your car
who does not have their own PIP coverage.
For example, under a typical New Jersey
policy, the insured’s insurance company must
pay reasonable and necessary medical
expenses up to $250,000 per person per
accident. The payment of medical bills is
subject to a statutory deductible of $250 and a
co-payment of 20 percent of the first $5,000 in
bills. This means that you may be required to
pay up to $1,200 of the first $5,000 of medical
expenses.
Sounds great, right? Except that as soon as
you have an accident and file a PIP claim, as
required to get your medical bills paid, your
insurance company’s interests are no longer
the same as your interests. As stated above,
they are in the business of limiting costs, and
will do what they can to limit what they are
paying out on your PIP claim, often refusing
to approve necessary tests and treatment
and cutting off benefits altogether. They also
may ask you to sign authorizations and give
recorded statements to discuss your injuries.
My advice is to never give a statement or
sign any document until you have spoken to
an attorney first.
Our office provides free assistance to our
personal injury clients in getting their medical
bills paid by the PIP carrier.
1Our New Jersey personal injury attorneys have not only extensive personal liability experience, but have previously been associated with some of the biggest names in the insurance industry, so we know how insurance companies “play ball”. The insurance companies have an army of attorneys and financial resources which they can use to limit compensation on personal injury claims. Don’t let time run out on your chance to collect fair and appropriate compensation for your injuries and medical bills. Call us today, toll free 1-866-778-5500.
Mistake # 4 Making Property Damage Errors That Can Cost You Thousands of Dollars
If your vehicle was towed from the accident
scene to an impound lot, you can accrue
hundreds – even thousands – of dollars in
storage fees if the car remains there for any
length of time because of an insurance
company dispute. Don’t find out the hard
way how quickly these daily charges of up to
$50.00 per day can add up.
Our office provides free assistance for our personal injury clients in pursuing their property damage claim.
Mistake # 5Accepting a “Quick” Settlement
When you are injured, medical bills are piling
up and you may be unable to work, it can be
tempting to avoid the claim process and accept
a quick initial settlement from the insurance
company. Often insurance companies ask
injured parties to accept settlements that don’t
adequately compensate the victim whose
injuries may worsen and who may be suffering
with these injuries for the rest of their lives.
Do not give up your rights to collect
the maximum compensation under the
law. By securing an experienced
attorney on your case, you can avoid
the devastation of uncompensated long-
term injuries and medical expenses.
Mistake # 6 Believing That They Are “Not The Type Of Person” To Contact An Attorney
Like Tom at the beginning of this book, some people are initially
hesitant to file an injury, medical expense or property damage
claim. Many of these people feel that they are “not the kind of
person” to seek compensation from an insurance company,
although they would not hesitate to have their health insurance
company pay their bills for a checkup. There has been so much
negative advertising by insurance companies that imply that it is
somehow inappropriate to file a claim for a car accident. That’s
simply untrue. All drivers are required to have car insurance by
law, and that includes Personal Injury Protection (PIP) insurance
to cover medical bills, which is like a type of health insurance.
The reason everyone is required by law to have insurance is to
ensure that coverage is there so you can bring a claim.
Consider this:
• The insurance industry has spent hundreds of millions of dollars in advertising and lobbying to put themselves in the most enviable position of any business: having a product (insurance coverage) that everybody is required to buy, but everybody feels reluctant to ever collect what they are owed.
• In 2000, the estimated economic cost of motor vehicle crashes in the United States was $231 billion1. Would anyone really propose that this cost should be absorbed by the victims, and not be compensated by the insurance companies?
• In some cases, your ability to file a claim could be lost if the claim is not filed within 90 days of the accident.
1 Research and Innovative Technology Administration Bureau of Transportation Statistics
• Your legal counsel can protect you from
overreaching or aggressive representatives from an insurance company attempting to record your statement.
• You owe it to yourself to at least consult with an attorney to discuss the specifics of your case, get your questions answered and make sure your rights are protected.
• Once you have legal representation, the insurance companies MUST contact your attorney; they cannot contact you directly. What’re more, your attorney can preserve legal rights that you may not even know you have.
• Based on the above, it seems clear that you are only hurting yourself if you do not at least consult with an attorney after an accident.
Contact our office today for a free evaluation of your accident case. Toll free 1-866-778-5500
Mistake # 7Not Hiring The Legal Counsel That’s Right For Your Case
Plain and simple, the legal counsel that you
select is perhaps the most critical element in
receiving the maximum compensation to
which you are entitled under the law. A few
points to keep in mind:
Your attorney must understand how to beat
the insurance companies at their own game.
The bottom line with the insurance giants IS
the bottom line – their bottom line. With in-
house legal staffs, these companies can afford
to pull out all the stops to limit payment of
monies that you deserve for your injuries and
medical expenses. You need an attorney who
knows the insurance company ropes and is a
tenacious advocate for your rights.
Your attorney should have a solid,
successful track record in personal injury
law.
Just as you wouldn’t go to your podiatrist for
brain surgery, it’s critical that you select a law
firm with a thorough understanding of the
complex statutory structure of Personal Injury
law AND a successful track record in
representing clients who have suffered injury
and incurred medical bills as the result of a
vehicle accident.
Your attorney should be available to
address your questions and concerns.
Not only should your legal counsel answer any
and all of your questions and address your
concerns, he/she should keep you informed
and engaged in the process as your case
proceeds.
Your attorney should care about you as a
person and work with you to get your life
back on track.
If you’re hurt, and possibly worried about how
you’re going to pay your bills if you can’t
work, the litigation process can seem
overwhelming. As a client, you should be
treated with respect, dignity and empathy.
At the law firm of Console & Hollawell P.C., we’ve represented thousands of personal injury clients throughout New Jersey and Southeastern Pennsylvania since 1994. We know that our clients’ situations and their cases are as unique as they are. That’s why we treat each of our clients with the caring and respect that they deserve.
Our telephone and in person consultations are always conducted at no charge. For clients that cannot come to our office for any reason, we’ll come to them. Based on the specifics of the case and our years of personal injury experience, we’ll determine a strategy that will get you the maximum compensation under the law.
Perhaps, best of all, we handle all of our cases on a contingency basis, if we don’t get you money, you don’t owe us a penny.
In addition, we keep our clients informed and engaged in the process.
AMONG OUR SUCCESSES
TYPE OF INJURY DETAILS RECOVERY AWARDED
Medical Malpractice Overprescribing medication leading to wrongful death. $1,500,000
Brain InjuryChild suffered an anoxic brain injury due to negligence of home health care aid.
$1,500,000
Personal Injury Child sustained severe and permanent injuries to right ankle and foot requiring multiple surgeries after being run over by a forklift.
$900,000
Worksite Injury Permanent injury and disability resulting from a trip and fall on an uncovered HVAC hole.
$825,000
Car Accident Automobile accident resulting in severe injuries requiring surgery.
$610,000
Car Accident Client was rear seat passenger; driver lost control of the vehicle and struck a tree. Client sustained extensive and permanent scarring to the neck and abdomen, as well as a severe injury to the small intestine requiring surgery.
$450,000
Car Accident Client sustained severe disc herniations and spine injury after being struck from behind while waiting to exit the New Jersey Turnpike.
$443,000
Car Accident Automobile accident resulting in hearing loss and disc herniations that required surgery.
$427,000
Truck Accident Accident resulting in facial scarring to a minor guest passenger. $350,000
Car Accident Automobile accident resulting in disc herniations to the lower back as well as severe and permanent neck and shoulder pain.
$350,000
WE GET YOUR LIFE BACK ON TRACK
Whether it’s securing medical treatment for the pain that you’re suffering, getting the medical bills paid at no charge, assisting with your property damage issues at no charge, and taking on the insurance companies to get you the maximum compensation
for your injuries, our New Jersey car accident lawyers are here to help you. Contact us today toll free 1-866-778-5500.
DISCLAIMER
This book cannot substitute for the advice of an experienced attorney who is familiar with the facts of your specific matter.
Note that this book is not legal advice or does not create an attorney-client relationship. The law varies state to state, so you should consult with a licensed personal injury attorney in your state and not rely on this book for legal advice. With regard to our results, please note that every case is different and that these results are not a guarantee of what we will obtain in any specific case.