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                    [post_date] => 2016-12-15 06:00:13
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                    [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 ) [1] => WP_Post Object ( [ID] => 1462 [post_author] => 4 [post_date] => 2016-11-25 06:00:04 [post_date_gmt] => 2016-11-25 06:00:04 [post_content] =>

This is a common question: can a lawyer provide value to your personal injury case. Well, the answer is that not every personal injury case requires the services of a personal injury lawyer. I know you must be flabbergasted at this comment, but it's true! I'll say it again, not every case requires the services of a personal injury lawyer.

virginia personal injury lawyer, lynchburg personal injury lawyer, super lawyer, best personal injury lawyer

Now, let me tell you why I say that.

First, in some cases, victims have minimal injuries. If you have been in an accident and you went to the emergency room one time you certainly have medical expenses and some inconvenience. Let's say the hospital did some x-rays of your neck. You saw The emergency room doctor and that doctor prescribed a muscle relaxer and a pain medication. At the end of the day, you might have $2,000 worth of medical bills. And, to you that might seem like the greatest injustice in the world. Unfortunately, there are greater injustices. Unless you need further treatment, the likelihood is that you do not need a lawyer to help you with your case. 

Instead, you should Download our FREE E-Book and do your best on your own. We'll even meet with you for FREE personal injury consultation and give you advice on how to resolve your case without hiring or paying a lawyer.

When an experienced personal injury attorney evaluates your case one of the things here she should look for is whether he can add value to you the personal injury victim. If your lawyer cannot add value to your case then it's not a case that requires the assistance of a personal injury attorney. For example in that case with $2,000 in medical bills your lawyer might be able to get you $4,500 maybe if he pushes until the day of trial he can get you $5,000.

Your personal injury attorneys fee is one third injury attorneys fee is one third of that $5000. Plus whatever cost expended on your behalf. So out of that $5000 you will likely pay $1,666.67 to your attorney so you would net approximately $3,333.33.

If you were able to negotiate with the insurance company to get $3,500 then the net result to you is an extra couple hundred bucks. Perhaps it is worth it to you to do that for the peace of mind that you don't have to do any work or deal with the insurance adjuster. That is a legitimate reason to hire a personal injury lawyer. 

On the flip side, if you have any significant treatment or injuries resulting from this wreck, then a lawyer will likely recover more than 3 times more than you would if you were unrepresented. The bigger the case, the bigger this difference makes. Ultimately, it is up to you whether you will hire a lawyer to represent you. But if you've been injured, you should seriously consider it.

Real personal injury lawyers offer free consultations and only charge a fee when they recover money in your case.  There are no obligations if you just want to call and sit down to discuss your case and what will happen going forward. We're here to help.

Posted by Brandon Osterbind.

[post_title] => Can A Lawyer Add Value To Your Personal Injury Case? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => can-a-lawyer-add-value-to-your-personal-injury-case [to_ping] => [pinged] => [post_modified] => 2016-12-14 20:01:16 [post_modified_gmt] => 2016-12-14 20:01:16 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1462 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 1459 [post_author] => 4 [post_date] => 2016-11-24 13:03:34 [post_date_gmt] => 2016-11-24 13:03:34 [post_content] => Today is the big day! Thanksgiving day: one of my favorite days of the year. A day we can stop and reflect on the blessings we've received throughout the year. I hope your table looks like this one, full and surrounded with loving friends and family. Thanksgiving lawyers Every year at Thanksgiving time, I re-read psalms 100. It is a perfect description of what our posture in this world should be today, and every day.
Psalm 100

A psalm. For giving grateful praise.

Shout for joy to the Lord, all the earth.     Worship the Lord with gladness;     come before him with joyful songs. Know that the Lord is God.     It is he who made us, and we are his;     we are his people, the sheep of his pasture.

Enter his gates with thanksgiving     and his courts with praise;     give thanks to him and praise his name. For the Lord is good and his love endures forever;     his faithfulness continues through all generations.

Take a moment to reflect on this passage today. Enjoy your time  with your family and enter His gates with thanksgiving and His courts with praise.
Happy Thanksgiving from your friends at Overbey, Hawkins & Wright.
[post_title] => Happy Thanksgiving from your friends at Overbey, Hawkins & Wright [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => happy-thanksgiving-from-your-friends-at-overbey-hawkins-wright [to_ping] => [pinged] => [post_modified] => 2016-12-14 20:06:40 [post_modified_gmt] => 2016-12-14 20:06:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1459 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 283 [post_author] => 1 [post_date] => 2016-06-14 21:21:44 [post_date_gmt] => 2016-06-14 21:21:44 [post_content] => It seems like every time I meet with a client I hear the same thing, “I’m not out to get rich so I don’t know that I need a lawyer,” or “I’m just not the suing type." There seems to be a public perception that all personal injury plaintiffs are “out to get rich quick.”  This perception has been ingrained in our culture and it has affected real people who feel guilty that they are sitting in a lawyer's office after they were injured through no fault of their own. Businessman busy with documents with his colleagues in the background So let me set the record straight, none of our clients are “the suing type” or “out to get rich.” In fact, most if not all, of our clients want to avoid hiring a lawyer and they certainly want to avoid court. Most of our clients do not realize that they are entitled to more than just their medical expenses. By asking a jury for more than the medical expenses, this does not mean that the injured victim is “out to get rich.”  Rather, it means that the victim is pursuing relief permitted by law. [Tweet "None of our clients are “the suing type” or “out to get rich.”"] The law permits a victim of a personal injury to recover for compensatory damages. Compensatory damages include economic and non-economic damages. Economic damages would include medical expenses, lost wages and mileage. Non-economic damages include things like pain and suffering, mental anguish, inconvenience and loss of earning capacity, to name a few. If you are honest, these non-economic damages are actual harms and losses suffered by personal injury victims. I blog about the types of damages in Virginia here. These damages compensate victims of negligence for that which they have lost. So the perception that one will “get rich” from an award of compensatory damages is flawed from the outset. Rather, these damages are intended to make the victim whole—to replace that which was lost—that is why they are categorized as compensatory (i.e. they compensate the victim for his or her harms and losses). Certainly, you will never get back those days you suffered through in pain, so you cannot be “actually” made whole. While common sense will tell you that they law can’t give you those days back, the law can give you monetary damages. To the extent that you suffer emotionally and physically, the law provides for you to recover financially. There is no other viable option. [Tweet "To the extent that you suffer emotionally and physically, the law provides for you to recover financially."] The insurance company’s adjusters are professionals. They do this day in and day out. This is likely your first, maybe second, experience with a car wreck. The adjuster will fight for the insurance company, but who will fight for you? Shouldn’t you have qualified and professional representation, just like the insurance company? If you have been injured in a car wreck, don’t feel ashamed that you are forced to seek legal counsel. Our goal is simple, to help folks who were injured through no fault of their own recover from their injuries emotionally, physically and financially so that they can resume living a healthy and fulfilling life. Posted by Brandon S. Osterbind, Esq. [post_title] => Misperceptions of Personal Injury Victims [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => misperceptions-of-personal-injury-victims [to_ping] => [pinged] => [post_modified] => 2016-09-23 14:37:49 [post_modified_gmt] => 2016-09-23 14:37:49 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=283 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 281 [post_author] => 1 [post_date] => 2016-04-12 06:00:39 [post_date_gmt] => 2016-04-12 06:00:39 [post_content] => Clients always ask, "what happens next?" And it is a legitimate question. As personal injury lawyers, we deal with these situations all the time so we know exactly what happens next. And sometimes, we forget to explain the next step to the client. So we encourage you to ask your lawyer questions! Like, how long will my case take? What do you think my case is worth? What should I be doing now that I've been medically released? You are the client and you are entitled to know what happens next. If case you were wondering, though, here is a snapshot of the pre-litigation process. Leaving Hospital Wheelchair

Background:

You were injured in a car wreck. You hired a lawyer and you have been treated for your injuries. After a long physical recovery, you have either fully recovered to 100% of your pre-injury condition or you have reached maximum medical improvement and you have a permanent injury with an impairment rating from your doctor.

Process: 

1. Gathering and Reviewing Medical Records Depending on the complexity of your case and the number of healthcare providers, it takes several weeks to gather up all of your medical records and organize them and prepare an abstract of treatment and summary of expenses. It takes several more weeks, possibly a couple months, to get a letter from your doctor stating your impairment rating, if any. 2. Making a Demand On The Insurance Company After talking extensively with you about your injuries and economic and non-economic damages, you lawyer prepares a demand package and sends it off to the adjuster. That demand package will explain your injuries to the insurance company’s adjuster and detail your economic and non-economic damages. 3. Negotiating the Demand It usually takes a couple weeks for the adjuster to review the package and all of your medical records and other supporting documentation.  When the adjuster calls your lawyer, the adjuster will communicate an initial offer. Invariably, the initial offer is lower than your bottom line. Your lawyer should call you to discuss the negotiations and to get authority to reject low offers and make demands. Negotiations take on a life of their own. Some may take a week and others may take months. 4. To Settle Or File Suit?  Finally, your lawyer will either recommend that you file suit and go to court or settle your case for a fixed amount which is acceptable in your unique case. If you settle your case, then you will have to sign the release prepared by the insurance company and your lawyer will later disburse the money to you and to any lien holders on your settlement proceeds.  If you reject the insurance companies final offer, then your lawyer will file suit in the appropriate court and begin the litigation stage. We want you to be knowledgeable about the process and what you should expect in your case. That is why we publish blog posts and have our free E-book which you can directly on your right. Of course, if you have been injured in a car wreck through no fault of your own, contact us for your free personal injury consultation. Posted by Brandon S. Osterbind, Esq. [post_title] => So You Are Finished Treating, Now What? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => so-you-are-finished-treating-now-what [to_ping] => [pinged] => [post_modified] => 2016-08-24 13:15:28 [post_modified_gmt] => 2016-08-24 13:15:28 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=281 [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] => 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 ) [comment_count] => 0 [current_comment] => -1 [found_posts] => 37 [max_num_pages] => 8 [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] => 1 [is_admin] => [is_attachment] => [is_singular] => [is_robots] => [is_posts_page] => [is_post_type_archive] => 1 [query_vars_hash:WP_Query:private] => d9987ff7e0b7a97fe0603453476460cf [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 ) )
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
Continue Reading >
Friday, November 25, 2016

Can A Lawyer Add Value To Your Personal Injury Case?

Increasing your pie, not just taking a slice

This is a common question: can a lawyer provide value to your personal injury case. Well, the answer is that not every personal injury case requires the services of a personal injury lawyer. I know you must be flabbergasted at this comment, but it’s true! I’ll say it again, not every case requires the services of a personal injury lawyer.

Now, let me tell you why I say that.

Category: Personal Injury
Continue Reading >
Thursday, November 24, 2016

Happy Thanksgiving from your friends at Overbey, Hawkins & Wright

Today is the big day! Thanksgiving day: one of my favorite days of the year. A day we can stop and reflect on the blessings we’ve received throughout the year. I hope your table looks like this one, full and surrounded with loving friends and family.

Every year at Thanksgiving time, I re-read psalms 100. It is a perfect description of what our posture in this world should be today, and every day.

Category: Personal Injury
Continue Reading >
Tuesday, June 14, 2016

Misperceptions of Personal Injury Victims

It seems like every time I meet with a client I hear the same thing, “I’m not out to get rich so I don’t know that I need a lawyer,” or “I’m just not the suing type

 

 

There seems to be a public perception that all personal injury plaintiffs are “out to get rich quick.” This perception has been ingrained in our culture and it has affected real people who feel guilty that they are sitting in a lawyer’s office after they were injured through no fault of their own.

Category: Personal Injury
Continue Reading >
Tuesday, April 12, 2016

So You Are Finished Treating, Now What?

Walking you through the pre-litigation process!

Clients always ask, what happens next. And it is a legitimate question. As personal injury lawyers, we deal with these situations all the time so we know exactly what happens next. And sometimes, we forget to explain the next step to the client.  So ask, ask, ask, ask, ask. You are the client and you are entitled to know what happens next. If case you were wondering, though, here is a snapshot of the pre-litigation process.

You were injured in a car wreck. You hired a lawyer and you have been treated for your injuries. After a long physical recovery, you have either fully recovered to 100% of your pre-injury condition or you have reached maximum medical improvement and you have a permanent injury with an impairment rating from your doctor.

Category: Personal Injury
Continue Reading >