Oklahoma Injury Lawyer Blog

Today's blog post is a guest post from the law firm of Console & Hollawell P.C.:

A car accident can happen in an instant, but the pain that results can last for months, even years. According to a study done by the University of Aberdeen School of Medicine and Dentistry in Scotland, people who suffer injuries in automobile accidents are more likely to develop chronic pain--long-term pain that is more resistant to medical treatment--than individuals who have been injured in other traumatic events.

The study observed 2,069 people who provided information about musculoskeletal pain three times over the course of four years. In addition to providing information on their pain, the study participants were also asked if they were victims of any of six physically traumatic events: automobile accident, workplace injury, surgery, broken bones, childbirth, or hospitalization.

Once researchers had all information, and after making adjustments for certain factors, they determined that the participants who reported being in a car crash had an 84% increased risk of developing chronic pain.

Injuries sustained in car accidents are unlike other injuries. In a car accident, the body is exposed to forces that it is simply not built to withstand. It's not surprising  that automobile accidents result in chronic widespread pain.

While chronic pain can be difficult to treat, it can be managed through a variety of traditional treatments, such as pain medicine and physical therapy, as well as alternative treatments, such as massage, acupuncture, guided meditation, and energy healing.

The best treatment or chronic pain is the treatment that minimizes symptoms. If you or someone you love has recently been in an automobile accident, schedule a free consultation with a New Jersey injury attorney to find out how you can increase the chances of getting the therapy and treatment you need for your chronic pain. 

 

According to the National Highway Traffic Safety Administration, 20% of injury car accidents in 2009 involved distracted driving. Cells are typically to blame, but new research shows that we are "driving under the influence of dogs." AAA encourages dog owners to restrain their pets to help avoid an accident:

"It's sometimes a hassle but drivers really should use a pet restraint system every time the pet is in the vehicle," said Chuck Mai, spokesman for AAA Oklahoma. "An unrestrained 10-pound dog in a crash at only 30 mph will exert roughly 300 pounds of pressure, while an unrestrained 80-pound dog in a crash at only 30 mph will exert approximately 2,400 pounds of pressure. Imagine the devastation that can cause to your pet and anyone in its path. Restraints not only limit distractions, but also protect you, your pet and other passengers in the event of a crash or sudden stop."

The Oklahoma Senate has an upcoming vote on SB 272. The bill was originally proposed to deal with relationships with car dealers and car manufacturers.

The bill was recently amended to incorporate a "no pay, no play" section for consumers. Basically, if you don't have car insurance, and you are in an accident that is not your fault, your pain and suffering damages are zero.

Guess who benefits from this type of legislation? The people that are funding it: insurance companies.

There's another push in Oklahoma to ban texting while driving in Oklahoma. State Rep. Danny Morgan is leading the charge.  There's been at least 30 states to ban text messaging and driving.  An interesting fact:

A U.S. News and World Report ranked Oklahoma at 47 out of 50 in a ranking of the worst teen drivers, citing an average of 115 teenager deaths on Oklahoma roads every year.

Some insurance companies will disclose the policy limits before a lawsuit is filed, but they are not actually required to. They are, however, discoverable once a lawsuit is filed.

There's a new city proposal in Tulsa that would bill the at fault driver a flat fee. The $200 fee goes to help pay for the Tulsa Fire Department.

According to Car and Driver, Texting is more dangerous than driving drunk. The magazine tested two drivers' reaction times at both 35 and 50 mph to get a baseline. They then had the drivers read a text message (Caddyshack quotes!) while driving. The drivers then drank screwdrivers until their b.a.c. was .08%. At the highway speeds, the delay in stopping caused the car to trave an average of 70 feet farther.

Nothing against insurance adjusters themselves, but don't take legal advice from them! They work for the insurance company of the person that hit you. They are not on your side.

I've had several people in the last week tell me that "the insurance adjuster said to be careful not to run up too high of a bill, so I didn't bother to go to the doctor."

The rule is straightforward: if you are hurt, go to the doctor.

Rant off.

I had a client ask this recently. It looks like we're going to need file a car accident lawsuit to get the other driver's insurance company to do anything.

Guess what happens if you get into an accident that is your fault?

Your insurance company steps in! The insurance company's lawyers will handle the case as well. The insurance company will also pay any type of settlement that is negotiated.

Here's an interesting one:

I have an old car that I rarely drive. I have insurance and uninsured motorists coverage for my daily driver. If I'm driving my old car and someone without insurance hits me, will my UM coverage help?

Nope. The actual language in the statute is "there is no coverage for any insured while occupying a motor vehicle owned by, or furnished or available for the regular use of the named insured, a resident spouse of the named insured...if such motor vehicle is not insured by a motor vehicle policy."

Here's the actual statute: 36 O.S. 3636(E).

Here's a question I hear a lot in car accident injury cases:

Is the opposing driver's insurance company required to tell me how much coverage they have?

No, the insurance company isn't required to disclose this. It doesn't hurt to ask though. Some insurance adjusters will say what their limits are, but most will not provide this information.

The policy limits are discoverable after a lawsuit is filed.

No, not necessarily. A lot of auto accident claims settle without the need for a lawsuit to be filed. Remember that an insurance claims adjuster will not sign off on a fair settlement unless there is a reasonable risk of having to pay something at trial.

Some insurance companies have a different set of adjusters that only handle cases that have been filed. Based on my experience, these adjusters are generally authorized to settle the same claim for more money.

I had a deposition recently with a car accident client.  The people present at the deposition were: my client (he was the one giving the deposition), a court reporter, two attorneys from the opposing side, and myself. 

After the deposition, my client complained "that seemed to last forever, it was like they didn't want to leave." 

I mentioned that the defense attorneys are generally paid hourly and that they were in no hurry (I'm sure they were just being thorough as well).  His response: "Whoa, how does the other driver afford two attorneys."  Quick answer: they work for the other driver's insurance company. 

Instead of trying to just explain the math behind an accident settlement, I've included an actual Settlement Sheet. See:

SETTLEMENT SHEET.pdf

This from a relatively minor car accident case I settled a few weeks ago. Obviously, I've taken out our client's name (I'll call her Client) and the defendant's name. The dates are also different than the actual case.

Here's a quick summary:
The property damage claim was settled shortly after the accident. Our firm didn't charge anything for the property damage settlement, so that check went directly to Client.

The personal injury claim settled for $12,500. All insurance companies require claimants to sign a settlement release before they'll write a check. The total settlement check was made out to Client, all the medical providers that had outstanding bills, and Medicare. Medicare had paid for some of Client's bills, so they wanted to be reimbursed ("right of subrogation").

As you can see, the attorney's contingency fee in this case was 25%. This amount is taken out of the total settlement. We spent $63.19 obtaining the medical records. This was what the various hospitals charged for them. Client have several outstanding medical bills that totaled $630 and Medicare wanted to be reimbursed $1,399.65. The payment to Client, after everything was paid off, was $7,282.16.

I met with a new client (let's call her Jane Smith) last week that mentioned the insurance adjuster on her claim told her that "she doesn't want to get an attorney involved because your claim will likely take longer and you'll have to pay the attorney out of your settlement."  That just means the insurance adjuster didn't want Jane to hire an attorney.  The insurance adjuster is looking to pay Jane as little as possible - settling early for cheap saves the insurance company money. 

I've seen several personal attorney websites state something along the lines of: "a national study showed that injured people represented by an attorney received 300% more than persons who settle without a lawyer."  None of the websites that have this actually provide a cite to the study.  So, I posted the quote on a national trial lawyer discussion group to see if anyone has actually seen the study. 

Hat-tip to Solomon Neuhardt, a Montana car accident attorney, for pointing out what appears to be the study.  At the very least, it's a study discussing represented and unrepresented claimants.  The "Allstate's 'customer service' charade" article was written by David Strickland and appeared in Trial Magazine in 1999. 

The article mentions a study by the Insurance Research Council:

The study found that payments for unrepresented
claimants with bodily injuries amounted to $3,262 on average. Payments
to represented claimants amounted to $11,939 on average.

That's 366%!  Assuming the attorney's fees in those claims were 33%, the clients still recovered $4737 more than what they would have recovered.