7 biggest legal mistakes people make after an accident

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www.consoleandhollawell.com © Copyright 2011 The 7 Biggest Legal Mistakes People Make After An Accident (And How To Avoid Them) Console & Hollawell P.C. 525 Route 73 North Suite 117 Marlton, NJ 08053 Toll Free: (866) 778-5500

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Page 1: 7 Biggest Legal Mistakes People Make After An Accident

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

Page 2: 7 Biggest Legal Mistakes People Make After An Accident
Page 3: 7 Biggest Legal Mistakes People Make After An Accident

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

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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

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Page 5: 7 Biggest Legal Mistakes People Make After An Accident

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

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Page 6: 7 Biggest Legal Mistakes People Make After An Accident

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.

Page 7: 7 Biggest Legal Mistakes People Make After An Accident

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

Page 8: 7 Biggest Legal Mistakes People Make After An Accident

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

Page 9: 7 Biggest Legal Mistakes People Make After An Accident

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

Page 10: 7 Biggest Legal Mistakes People Make After An Accident

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.

Page 11: 7 Biggest Legal Mistakes People Make After An Accident

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.

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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.

Page 13: 7 Biggest Legal Mistakes People Make After An Accident

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

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• 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

Page 15: 7 Biggest Legal Mistakes People Make After An Accident

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.

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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

Page 17: 7 Biggest Legal Mistakes People Make After An Accident

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.