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                    [post_content] => Lawyers Get Results

You’re injured in an automobile accident that was not your fault. Then you get a call from Nationwide, Allstate or Progressive. The adjuster claims to want to help, and makes you an offer. The offer might even sound pretty good.  Should you attempt to negotiate and settle your own case?  It’s not a good idea.  Once you settle, you have forever waived your claim.

Statistics prove that injured persons who hire attorneys obtained, on average, three times more for their personal injury case than those persons who did not have an attorney. Insurance companies are aware of this, so there is nothing they would like any better than to attempt to settle your case without an attorney involved.



Insurance Company Tactics

How do adjusters go about trying to settle with you? You’ll find different adjusters in different companies take different approaches. Some will try intimidation. They will be very aggressive and attempt to pressure you into a settlement.  They may even imply you are stupid, greedy or dishonest.  The goal is to wear you down, so you will decide it’s easier to accept whatever the insurance company is willing to pay.

Other adjusters will try the opposite approach, trying to keep contact with you, and being very pleasant every time you speak. This type will try to make you think they really care. Beware: these adjusters are merely wolves in sheep’s clothing!  The only thing they really care about is the bottom line. That is, the bottom line for the insurance company.

Profits Not People

Remember that the purpose of an insurance company is to make as large a profit as possible.  The more they pay for claims, the less in profit they can show their shareholders.  Insurance adjusters are often under pressure from management to do anything they can to minimize payouts on accident claims.  If you remember Matt Damon’s movie The Rainmaker, you’ll know that insurance companies are not interested in making fair payouts.  They are in the business of profits, not people.

Adjusters are really good at making an offer sound great. They will offer to pay your medical bills and give you an extra thousand dollars or two, which may be money you desperately need while recovering from the wreck.  In reality, your case may be worth a lot more.  The law says you are entitled to compensation not just for medical bills and lost wages, but for the pain, inconvenience and stress your injuries cause.  As anyone who’s been through a wreck knows, these factors can be devastating and are often worth far more than the medical bills.

Before you go down this road, consult with an attorney.  At Overbey, Hawkins, and Wright, PLLC, your first conference with us is free, and there’s no obligation. Check out our website for frequently asked questions.  http://overbeylaw.com/  We are here to help.

David Hawkins, Esq.

 
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                    [post_content] => Most people over the age of thirty remember when a sharp blow to the head was just “getting your clock cleaned.”  In years past, folks seldom saw a doctor for such an injury, and doctors rarely prescribed much, if any, treatment.  However, as medical technology has improved, the medical field now recognizes that even a seemingly minor blow to the head can have permanent effects.

concussion

 

The 2015 movie Concussion addresses how improved knowledge of these injuries impacted the National Football League. In many cases, these concussion injuries result in a diagnosis of a traumatic brain injury. Given our increased knowledge base, here are some tips for treating a concussion:

1. Treat the Concussion Immediately

If you try to “tough it out” and ignore your symptoms, the problem will probably become worse.  Consult with a doctor to get recommendations on limitations while you recover.  Doctors often prescribe rest, and particularly recommend that you avoid stressful or physically demanding activities.  You will need to get a recommendation from your doctor about whether you are able to work, and if so whether your employer needs to make accommodations due to your condition.  When you are ready to return to your normal schedule, it is best to do so gradually so that your brain has time to adjust to the increase in activity.

2. Avoid Another Head Injury

While recovering from a concussion, you are especially vulnerable to further head injury.  A bump that would not ordinarily do significant damage is more likely to result in brain swelling or permanent damage.  Because of this, you should be careful to avoid activities such as sports that have a high likelihood of another blow or jolt to the head.

3. Find a Helper

In addition to headaches, concussions often cause memory difficulty, confusion, and cognitive problems.  In part because the symptoms affect the patient’s memory and ability to think, the patient is often unable to communicate symptoms effectively with doctors.  In fact, patients frequently are unaware that they have any symptoms.  For that reason, the patient must find a close friend, co-worker or family member to tag along for doctor appointments and help provide a complete picture of symptoms.  You should also consult with your helper before making important life decisions.

4. Seek a Specialist

Emergency room doctors often suggest any follow up for a concussion, particularly when mild, be with your family doctor, who is most likely a general practitioner.  However, a neuropsychologist or neuropsychiatrist has special training to identify concussion-related symptoms that will only show up with thorough testing.  Such testing often takes several hours, or even a full day, but gives your provider a much more detailed and accurate picture of how your concussion is affecting you. The therapies that are available for treating concussions and traumatic brain injuries today are providing people with great result, but you need to start treating these symptoms early, within the first 3-6 months of your injury. If you don't start treating for your condition, it may never get better. During this time you should be focusing on your physical and emotional recovery to ensure that, later on down the road, you receive a financial recovery.

5. Develop Coping Strategies

Symptoms of a concussion can make tasks that were once easy seem difficult or even impossible. For example, you may go to the grocery store and realize you have forgotten why you are there. Making lists can help you avoid this type of issue. You may need to enlist your helper to write up instructions for tasks that you once performed without having to think about them, such as running a dishwasher or washing laundry.

6. Hire an Attorney

If your injury resulted from the negligence of another person or company, an attorney can help ensure that you recover full and fair compensation for all of the ways the concussion has affected you. Posted by Frank A. Wright, Jr., Esq. [post_title] => Concussions Are More Than Just a Headache [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => concussions-are-more-than-just-a-headache [to_ping] => [pinged] => [post_modified] => 2017-06-12 18:39:27 [post_modified_gmt] => 2017-06-12 18:39:27 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1539 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 833 [post_author] => 2 [post_date] => 2017-05-25 06:00:27 [post_date_gmt] => 2017-05-25 06:00:27 [post_content] => For many, memorial day marks the beginning of summer. Memorial Day, however, is much more than vacation and barbecues. It is a day when we can look back and remember and honor the sacrifices made by the men and women of our armed forces. With Memorial Day comes high traffic volumes on our interstates and other highly traveled roads. Memorial Day
On a weekend when we specifically take time to remember those who paid the ultimate sacrifice for their country, it seems only appropriate that we express gratitude and and humility in the way we drive. When the roads are packed with anxious drivers flurrying about to their favorite vacation destination, be generous with the road, let people merge, slow down at intersections, leave your phone in your pocket, don’t travel at excessive speeds, and don’t be angry with folks who drive the speed limit. Remember that you are going on your vacation this weekend because a soldier gave his or her life. Every year at this time, and for good reason, the National Highway Traffic Safety Association (NHTSA for short) kicks off its Click it or Ticket campaign.
“We have made enormous progress as a nation in increasing seat belt use, but far too many people are still dying because they are not buckled up during crashes,” said NHTSA Administrator Mark Rosekind. “Before you even turn the key, make sure that everyone in your car has their seat belt on, every trip, day and night."
We are right in the middle of the campaign right now and this weekend will cap off the two week period where law enforcement, both local and state, crack down on motorists who are not wearing seat belts.
"It’s a simple idea that every driver and passenger should keep in mind: buckle up, every time,” said U.S. Transportation Secretary Anthony Foxx. “Putting on your seat belt is one of the easiest and safest choices you can make."
Violation of this Virginia law results in a $25 civil penalty. NHTSA boasts that from 2011 to 2015, seat belts have saved nearly 64,000 lives, enough to fill a football stadium. In 2015 alone, seat belts saved more than 13,941 lives.
Data from NHTSA show that nearly half (48%) of the 22,441 occupants killed in crashes in 2015 were unbuckled. In addition, 57 percent of passenger vehicle occupants killed at night were not wearing their seat belts, compared to 40 percent killed during the daytime. Men continue to outnumber women in not wearing seat belts – 52 percent to 42 percent respectively. Pickup truck occupants tend to be the lowest among any other vehicle type in wearing seat belts --59 percent of drivers killed were not wearing a seat belt, compared to 54 percent for SUV drivers, 42 percent for passenger car drivers, and 41 percent for van drivers. View the 2015 occupant protection data
It is in your best interest to buckle up to save yourself, and your family, from enormous tragedy. Nobody wants that. [Tweet "It is in your best interest to buckle up to save yourself, and your family, from enormous tragedy."] NHTSA’s commercials are pretty convincing portrayals for why increased enforcement is a good idea and why you should wear your seat belt. So buckle up, it just might save your life.  
[post_title] => A few words of wisdom for your memorial day weekend [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => a-few-words [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:50:58 [post_modified_gmt] => 2017-06-16 13:50:58 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=833 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 1530 [post_author] => 2 [post_date] => 2017-05-03 05:30:48 [post_date_gmt] => 2017-05-03 05:30:48 [post_content] => Those ads are so appealing.  That cute little gecko just says click on and save 15%.  Why not?  The first bad mistake many people make is believing that the gecko wants what is best for you.  What the gecko really wants is what is best for him.

What is best for the gecko?

The gecko wants us to buy the lowest amount of insurance coverage possible.  That is best for the insurance company because it limits the loss for the company if you need to call on your insurance coverage because of an accident.  In Virginia, the law only requires that you carry $25,000 in liability insurance.

Why is the lowest coverage best for the gecko?

Assume it’s raining, you do not realize water has puddled on the road and you slide into the oncoming lane hitting another car.  Several persons in the car are injured and sue you for $500,000.  The gecko says the cheapest insurance is the best and you have the minimum coverage of $25,000.  All the gecko can lose is $25,000.

Why is the lowest coverage not best for you?

All you can lose is everything you own and everything you earn for the next 10 years.  If you do not pay up, the state takes your driver’s licenseIf you do not pay up, a judgment may be entered against you that will be a lien on your house and all your property.

What is best for you?

I would never carry less than $500,000 in coverage.  Very seldom will there be a claim against you that is worth more than that.  Of course, you want to be sure to protect your assets, your job, your income, and your family.  More coverage does not cost a lot once you get the initial minimum coverage.  That is money well spent. In addition, your coverage limits also help you recover in the even someone injures you in a car wreck and that person is uninsured or underinsured. 

How do I know these things?

I am a trial lawyer who has made claims against hundreds of negligent drivers over the years.  Most of them were people like all of us, good people who just made a momentary mistake, but the result was the serious injury of another person.  It is shocking to me to find that many of those people only carried minimum insurance coverage and thus were exposed to excess personal judgments.

How do I get more information?

Our website has frequently asked question videos for your informational use. We give away this information because you deserve to know what the law is. Posted by A. David Hawkins, Esq.                         [post_title] => Confronting the Gecko: Why You Should Be Afraid to Save 15% in 15 Minutes Or Less [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => confronting-the-gecko-why-you-should-be-afraid-to-save-15-in-15-minutes-or-less [to_ping] => [pinged] => [post_modified] => 2017-05-16 13:51:19 [post_modified_gmt] => 2017-05-16 13:51:19 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1530 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 74 [post_author] => 1 [post_date] => 2016-12-15 06:00:13 [post_date_gmt] => 2016-12-15 06:00:13 [post_content] => It is that time of year again! We are all gearing up for New Years and there is no better way to start the new year than making a list of SMART goals and then accomplishing them. You may have your 2017 already listed. I usually try to set goals that are specific, measurable, attainable, relevant, and timely. Hence the acronym SMART. Most people say they are going to exercise more, eat less and make more money. These goals are not specific enough. How are you going to exercise more, how are you going to eat less, how are you going to make more money? What practices and habits are you going to commit to establish in the new year that ensures you meet your goals? How can you track your progress? I encourage you to get specific with your goal setting in 2017. I also encourage you to figure out a mechanism to track your progress toward your goals. If you need help with these items, visit Michael Hyatt’s blog and consider signing up for his online course: 5 Days To Your Best Year Ever. In the grand scheme of your goal/resolution setting process, let me offer three easy suggestions for your list that you can accomplish quickly and build momentum on your process. These suggestions will help you avoid the scenario that we see in personal injury cases all too often—catastrophic injuries with minimal insurance coverage. Don't put yourself or your family in that situation if it may present itself in some variation in your life. We want to help you be prepared for those situations and in that vein, we offer these three quick and easy steps.

1. Check on your insurance coverage

I’ve posted about this before and you can click here  to read more. Increase your liability, uninsured motorist and under-insured motorist coverage to at least $100,000 per person $300,000 per accident. This should be your minimum. The minimum required by Virginia law is $25,000. This is not even close to enough. Depending on your situation, you may need more than $100,000. Perhaps $250,000-$500,000 is more appropriate in your situation. Schedule an appointment with a Virginia personal injury lawyer to discuss how much you need.  Also, up your Medical Expense Payments coverage. I’ve seen this coverage as low as $2,000, but that does not buy much treatment in this age of medical inflation. Consider upping your coverage to $15,000 or $20,000.

2. Get necessary medical treatment that you may have put off

If you have put off treatment that you know you should have gotten, but just haven’t, go now. Gaps in treatment and failing to follow through with your treatment are among the top 4 mistakes that can kill your personal injury case. Don’t sit on your hands, get up and schedule your follow up appointment now.

3. Schedule your annual physical with your primary care physician

Preexisting conditions can be a killer to your personal injury case.  If you go to the doctor with neck pain five years ago, the insurance company is going to say you have a preexisting condition and the car wreck did not cause your injury. But, if you went into you primary care physician each year after that neck issue and you did not have any complaints about your neck and the doctors assessment of you notes that your neck is normal, then your attorney will have a strong argument that you prior neck complaint has nothing to do with your current injury. Usually, when a client comes to me, it is too late to do this.  If it isn’t done on your own initiative, prior to your injury, your case becomes more difficult to try.

Conclusion

I hope this helps you start 2017 with a success. These are three goals or resolutions that are easily accomplished and will make you feel like you are on a roll. You can accomplish your goals for 2017, just make them specific, measurable and set a deadline. Happy New Year!  Enjoy it and be safe! First published 1/1/2016. Edited and Republished December 15, 2016. [post_title] => Three Easy New Year Goals to Add to Your List [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => three-easy-new-year-goals-to-add [to_ping] => [pinged] => [post_modified] => 2017-06-16 13:52:38 [post_modified_gmt] => 2017-06-16 13:52:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=74 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post_count] => 5 [current_post] => -1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 1563 [post_author] => 4 [post_date] => 2017-06-20 18:14:08 [post_date_gmt] => 2017-06-20 18:14:08 [post_content] => Lawyers Get Results You’re injured in an automobile accident that was not your fault. Then you get a call from Nationwide, Allstate or Progressive. The adjuster claims to want to help, and makes you an offer. The offer might even sound pretty good.  Should you attempt to negotiate and settle your own case?  It’s not a good idea.  Once you settle, you have forever waived your claim. Statistics prove that injured persons who hire attorneys obtained, on average, three times more for their personal injury case than those persons who did not have an attorney. Insurance companies are aware of this, so there is nothing they would like any better than to attempt to settle your case without an attorney involved. Insurance Company Tactics How do adjusters go about trying to settle with you? You’ll find different adjusters in different companies take different approaches. Some will try intimidation. They will be very aggressive and attempt to pressure you into a settlement.  They may even imply you are stupid, greedy or dishonest.  The goal is to wear you down, so you will decide it’s easier to accept whatever the insurance company is willing to pay. Other adjusters will try the opposite approach, trying to keep contact with you, and being very pleasant every time you speak. This type will try to make you think they really care. Beware: these adjusters are merely wolves in sheep’s clothing!  The only thing they really care about is the bottom line. That is, the bottom line for the insurance company. Profits Not People Remember that the purpose of an insurance company is to make as large a profit as possible.  The more they pay for claims, the less in profit they can show their shareholders.  Insurance adjusters are often under pressure from management to do anything they can to minimize payouts on accident claims.  If you remember Matt Damon’s movie The Rainmaker, you’ll know that insurance companies are not interested in making fair payouts.  They are in the business of profits, not people. Adjusters are really good at making an offer sound great. They will offer to pay your medical bills and give you an extra thousand dollars or two, which may be money you desperately need while recovering from the wreck.  In reality, your case may be worth a lot more.  The law says you are entitled to compensation not just for medical bills and lost wages, but for the pain, inconvenience and stress your injuries cause.  As anyone who’s been through a wreck knows, these factors can be devastating and are often worth far more than the medical bills. Before you go down this road, consult with an attorney.  At Overbey, Hawkins, and Wright, PLLC, your first conference with us is free, and there’s no obligation. Check out our website for frequently asked questions.  http://overbeylaw.com/  We are here to help. David Hawkins, Esq.   [post_title] => Insurance Adjusters Are Not Your Friend [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => insurance-adjusters-are-not-your-friend [to_ping] => [pinged] => [post_modified] => 2017-06-21 19:10:37 [post_modified_gmt] => 2017-06-21 19:10:37 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1563 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 31 [max_num_pages] => 7 [max_num_comment_pages] => 0 [is_single] => [is_preview] => [is_page] => [is_archive] => 1 [is_date] => [is_year] => [is_month] => [is_day] => [is_time] => [is_author] => [is_category] => [is_tag] => [is_tax] => [is_search] => [is_feed] => [is_comment_feed] => [is_trackback] => [is_home] => [is_404] => [is_embed] => [is_paged] => [is_admin] => [is_attachment] => [is_singular] => [is_robots] => [is_posts_page] => [is_post_type_archive] => 1 [query_vars_hash:WP_Query:private] => 5d0142b45f185b37fae4fa5e4d276be5 [query_vars_changed:WP_Query:private] => [thumbnails_cached] => [stopwords:WP_Query:private] => [compat_fields:WP_Query:private] => Array ( [0] => query_vars_hash [1] => query_vars_changed ) [compat_methods:WP_Query:private] => Array ( [0] => init_query_flags [1] => parse_tax_query ) )
Tuesday, June 20, 2017

Insurance Adjusters Are Not Your Friend

Adjusters are good at making an offer sound great. They will offer to pay your medical bills and give you an extra thousand dollars or two, which may be money you desperately need while recovering from the wreck.  In reality, your case may be worth a lot more.  You are entitled to compensation not just for medical bills and lost wages, but for the pain, inconvenience and stress from your injuries.  These factors can be devastating and are often worth far more than the medical bills.

Category:
Continue Reading >
Sunday, June 4, 2017

Concussions Are More Than Just a Headache

Most people over the age of thirty remember when a sharp blow to the head was just “getting your clock cleaned.”  In years past, folks seldom saw a doctor for such an injury, and doctors rarely prescribed much, if any, treatment.  However, as medical technology has improved, the medical field now recognizes that even a seemingly minor blow to the head can have permanent effects.

The 2015 movie Concussion addresses how improved knowledge of these injuries impacted the National Football League. Given our increased knowledge base, here are some tips for treating a concussion:

Category: Personal Injury
Continue Reading >
Thursday, May 25, 2017

A few words of wisdom for your memorial day weekend

Have a great weekend!

For many, memorial day marks the beginning of summer. Memorial Day, however, is much more than vacation and barbecues. It is a day when we can look back and remember and honor the sacrifices made by the men and women of our armed forces. With Memorial Day comes high traffic volumes on our interstates and other highly traveled roads.

On a weekend when we specifically take time to remember those who paid the ultimate sacrifice for their country, it seems only appropriate that we express gratitude and and humility in the way we drive. When the roads are packed with anxious drivers flurrying about to their favorite vacation destination, be generous with the road, let people merge, slow down at intersections, leave your phone in your pocket, don’t travel at excessive speeds, and don’t be angry with folks who drive the speed limit. Remember that you are going on your vacation this weekend because a soldier gave his or her life.

Category: Personal Injury
Continue Reading >
Wednesday, May 3, 2017

Confronting the Gecko: Why You Should Be Afraid to Save 15% in 15 Minutes Or Less

Debating Those Catchy Insurance Commercials

Those ads are so appealing.  That cute little gecko just says click on and save 15%.  Why not?  The first bad mistake many people make is believing that the gecko wants what is best for you.  What the gecko really wants is what is best for him.

The gecko wants us to buy the lowest amount of insurance coverage possible.  That is best for the insurance company because it limits the loss for the company if you need to call on your insurance coverage because of an accident.  In Virginia, the law only requires that you carry $25,000 in liability insurance.

Category: Personal Injury
Continue Reading >
Thursday, December 15, 2016

Three Easy New Year Goals to Add to Your List

Happy New Years Eve! There is no better way to start the new year than making a list of new year resolutions or goals and then accomplishing them. You may have your New Year resolutions already listed. I usually try to set goals that are specific, measurable and have a deadline.

Most people say they are going to exercise more, eat less and make more money. These goals are not specific enough. How are you going to exercise more, how are you going to eat less, how are you going to make more money? What practices and habits are you going to commit to establish in the new year that ensures you meet your goals? How can you track your progress?

Category: Personal Injury
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