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                    [post_content] => We all know that there are very different types of people in this world. And the same in true in the practice of personal injury law. Tragedy is an equal opportunity destroyer; it is no respecter of persons. So, when you work with victims all the time, there are some trends that you notice in people in the midst of their suffering. Often times, people and personalities range on a spectrum that runs from two very different extremes.

holding

Here, there are two very different extremes and most people fall somewhere in between them. The bad extremes, however, create the stereotypes that often shape our responses to suffering in others. Without demeaning anybody who has suffered an injury through no fault of their own, I have created a list of the two different types of personal injury victims and a description of each.

1. The Greedy Know It All

I have heard from many people that personal injury victims are just greedy and out for a quick buck. However, this is by far the minority of personal injury victims. Like any other class of people, a few bad apples spoil the bunch. This is where most stereotypes come from. This person has an entitlement mentality. He believes that his accident was more egregious than all other wrecks and that he has suffered more than any other personal injury victim known to man, which entitles him to significant amounts of money even though the treatment and injuries were standard, soft-tissue injuries. Practically, this person refuses to listen to his lawyers recommendation for how to proceed with his treatment, his case, and ultimately his recovery. In the end, this victim will never recover emotionally. Perhaps this person will never fully recover physically, and all of this has a drastic impact of whether this person will fully recovery financially.

This person is the most difficult to deal with for personal injury lawyers. This person can appear as the broken, humble and hurt victim but might into the greedy know it all after the dollar sign goes off in his head. For obvious reasons, this person is impossible to identify until he shows himself. Lawyers tend to avoid the greedy know it all victims because no one will ever be happy at the end of the day. This person drains the energy from the lawyer and is actually counterproductive to the process. Michael Hyatt writes about that in the retail context here.

This person is almost like a unicorn. Existing in theory, but very rarely in reality (hence the almost).

2. The Broken, Humble, and Hurt

This victim is much more common and I would venture to say that this is the vast majority of personal injury victims. This person what injured unexpectantly, just like the greedy know it all. But this victim comes to a lawyer only because the task of recovering physically, emotionally, and financially is too much to handle all on his own. This person has likely never been involved litigation before and comes to his lawyer asking questions and earnestly seeking advice. This person gets the treatment recommended by his doctors and keeps his appointments. He speaks to his lawyer with respect and deference when it comes to his treatment, litigation strategy, and his financial recovery. This person usually fully recovers emotionally, physically, and financially.

[Tweet "Tragedy is an equal opportunity destroyer; it is no respecter of persons."]


A Perfect Example: 

McDonalds did an excellent job of painting Stella Liebeck as the greedy know it all in the hot coffee case. The big corporate spin doctors did an amazing job of destroying her character when she was forced by them to file suit in court. The truths, however, that Stella Liebeck was the broken, humble and hurt victim. She had no intention of filing suit and would have settled for her medical expenses and lost wages ($20,000.00) before she hired a lawyer. Because McDonalds trusted their spin doctors, they refused to settle and a jury in New York awarded a judgment in the amount of $2,900,000. McDonalds admitted numerous facts that resulted in a significant punitive damages award intended not to compensation Ms. Liebeck, but to punish McDonalds. You should read more about it here. If you are like most people, you probably thought that Stella Lieback was the greedy know it all. She was not and most personal injury victims are more on the broken, humble and hurt end of the spectrum.

The type of person you are before you accident will determine the type of person you are after the accident. If you are a jerk and you have a lot of money, then you are a rich jerk. But the contrary can be true too. If you are humble, caring, and giving, and you come into money, then you will be humble, caring, and giving but to a greater extent. Money is just an amplifier for who you are so be humble, caring, and giving.

[Tweet "Money is just an amplifier for who you are so be humble, caring, and giving."]
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                    [post_content] => If you have been in a car accident then chances are you’ve already talked to an adjuster before coming in to talk to a lawyer.  If you haven’t already noticed, the adjuster represents the insurance company, not you.  So when the adjuster says certain things, it is important to be cautious and skeptical about those things.

A businessman has his fingers crossed as if telling a lie to his staff or clients.

 

When folks come to see a lawyer, it is usually because their case has become too big to manage on their own or because the insurance adjuster refuses to offer a reasonable settlement.

The adjuster will try to piecemeal your settlement to reduce the value of each element of damages.  Usually, the adjuster will say something to the effect of “we will pay all of your medical expenses and $1,000 for your pain and suffering.”  Sometimes, they’ll include your lost wages.

What he won’t tell you is that you are also entitled to other items of compensation. For example, if you have been to the doctor 10 times, or 100 times, you have been inconvenienced because of the other driver’s negligence.  Inconvenience is an element of compensation in Virginia.  The degree of your inconvenience is a matter of controversy and the amount necessary to compensate you for that inconvenience will likely be an issue in the case.

There are many elements of compensation in Virginia that the insurance adjuster will not tell you about.  If you are frustrated with the offer you’ve received from the insurance adjuster, give us a call and we will honestly tell you if your case is worth more or not.

We offer free consultations for all potential personal injury cases. Contact us by phone or email and we’d be happy to discuss your case with you for free. No obligations.
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                    [post_content] => 

One thing that you might not expect to hear is that personal injury cases are not, and have never been, a get rick quick scheme. In fact, you will not hear the lawyers or team members at Overbey, Hawkins & Wright talk about hitting a home run or setting you up so you can play tennis or golf for the rest of your life worry free. That is simply not reality.

Worried Senior Hispanic Woman Checking Mailbox

The stereotype, however, of personal injury plaintiffs is that they are out to get rich quick and that their lawyers are no better. As with most stereotypes, though, this could not be farther from the truth. Indeed, I have said before that our clients are not in it for the money, they are in litigation because they’ve been forced there by a hard nosed insurance company or tortfeasor.

Financial recovery does not mean what the stereotype implies. The truth is that if you are entitled to a significant settlement or verdict, then you have suffered a tremendous loss. The unpleasantness of that loss will most likely prohibit you from living the high life after you’ve received compensation for your physical injuries, pain and suffering, lost wages, and inconvenience. It is this degree of loss that entitles you to financial recovery in the first instance. That money does not go to a country club membership. Instead, that money is intended to free you from the emotional, physical, and financial burdens caused caused by the negligence of the tortfeasor.

It is in this sense that we claim to promote your emotional, physical and financial recovery. Promoting your financial recovery means paying off current and outstanding medical bills, putting money in a special account for future medical bills, and ensuring that you have enough put aside to eliminate the feelings of vulnerability and helplessness caused by the unnecessary negligence of others. In other words, your financial stability matters and we promote it on purpose. As a caveat, your personal injury attorney cannot fix all of your financial woes. That is why I posted here about preparing yourself financially for the unexpected happening of an accident. If you put yourself in a good position to start from, full financial recovery in your personal injury case is much more likely.

Call or email us today to set up your appointment to discuss your financial recovery. There are no obligations and your initial personal injury consultation is free.

[post_title] => Financial Recovery may not mean what you think it means. [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => financial-recovery-may-not-mean-what-you-think-it-means [to_ping] => [pinged] => [post_modified] => 2017-06-16 14:00:31 [post_modified_gmt] => 2017-06-16 14:00:31 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1292 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 1289 [post_author] => 1 [post_date] => 2015-05-08 18:49:42 [post_date_gmt] => 2015-05-08 18:49:42 [post_content] => At Overbey, Hawkins & Wright, we are lawyers. We help people who have been injured through no fault of their own to recover emotionally, physically, and financially so that they can resume living a healthy and fulfilling life.  We say all the time that “we promote your recovery,” but what does that mean? Trees growing on money At Overbey, Hawkins & Wright, it means three things:
  1. We help you navigate medical, legal, and insurance situations that seem daunting, confusing, and scary to go at alone,
  2. We help you get in the door to see the doctors you've been referred to and we make sure you have the resources and the encouragement to follow through with your doctors orders, and
  3. We give you proven legal strategies that put you in a position to win and to combat typical insurance company posturing based on our experiences in the courtrooms of Central Virginia.
If you have been injured through no fault of your own, you should hire a personal injury lawyer to represent you sooner rather than later. As you consider who you are going to trust with your emotional, physical, and financial wellbeing, you must consider your recovery as a whole. Your lawyer should be concerned about you as a person, not just another case number. We live and work in the greater Lynchburg area and we are here to serve our community. As always, personal injury consultations are free and there is no obligation. Come and meet with us about your case today. [post_title] => We Promote Your Recovery [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => we-promote-your-recovery [to_ping] => [pinged] => [post_modified] => 2017-06-16 14:01:59 [post_modified_gmt] => 2017-06-16 14:01:59 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=1289 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 823 [post_author] => 4 [post_date] => 2015-03-12 21:30:31 [post_date_gmt] => 2015-03-12 21:30:31 [post_content] => Do you have a personal umbrella policy? In fact, have you taken my advice from earlier this year to review your insurance coverages? It is always a good time to consider your personal financial situation and the effect a catastrophic collision would have on your life. It doesn’t matter if you would be the plaintiff or the defendant, it is time to increase your insurance coverages. Businessman standing out from the crowd. Business idea and preparation concept. Vector illustration I can’t count how many times folks come into my office and they don’t have sufficient insurance coverage for their case. I spend a lot of time on this blog explaining how much insurance you should have to make sure you are covered in the event of a catastrophic accident. As a personal injury attorney, I feel it is my duty to the community to educate folks about the insurance world and what you should and should not have. I do this because without good insurance coverage, most personal financial situations would be left in ruins if you cause a serious injury to someone or if someone else causes a serious injury to you. In most cases, both a plaintiff and a defendant are relying on insurance to cover injuries. To that extent, there are two things you can do that will help you before that situation arises. First, you can and should increase your liability policy limits to at least $100,000/$300,000. That means your insurance company will cover up to the first $100,000 of damages you cause to someone else and up to $300,000 per accident if multiple people are injured. It also means that you will have up to $100,000 in coverage if an uninsured or underinsured driver hits you and causes an injury. This may be abbreviated on your policy as UM/UIM coverage. Often, though, $100,000 is not enough. You should seriously consider increasing your insurance to $250,000/$500,000 to make sure you are sufficiently covered. This underinsured motorist coverage is not about the person who hits you, but its about you and your injuries. You are in the driver seat here. In insufficient coverage cases, Plaintiffs complain that the negligent driver didn’t have enough insurance, but they don’t have enough insurance themselves. In Virginia, your insurance company is required to offer you underinsured coverage up to your liability limits unless you expressly disclaim that coverage. Don’t. You may save a couple bucks a month, but you lose thousands upon thousands of dollars in your personal injury case. Second, you can and should purchase a personal umbrella policy. Typically, an umbrella policy is excess coverage over and above your liability coverages. It covers things that are over and above your homeowners insurance and your car insurance. In most cases, however, it does not provide coverage for uninsured or underinsured claims unless you specifically purchase that additional coverage. You umbrella policy will likely be at least $1,000,000 and they are usually sold in the million dollar increments. This extra $750,000 in coverage may cost you $20 a month. Well worth the expense in exchange for peace of mind. If you are confused at all by all these numbers and different types of policies, call your insurance agent or broker and set up an appointment today. You need to understand what your coverages are. If you have questions, feel free to contact a personal injury attorney to discuss it. [post_title] => Do you have a personal umbrella policy? Do you need one? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => do-you-have-a-personal-umbrella-policy-do-you-need-one [to_ping] => [pinged] => [post_modified] => 2017-06-16 14:03:04 [post_modified_gmt] => 2017-06-16 14:03:04 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=823 [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] => 1294 [post_author] => 1 [post_date] => 2015-10-14 18:59:02 [post_date_gmt] => 2015-10-14 18:59:02 [post_content] => We all know that there are very different types of people in this world. And the same in true in the practice of personal injury law. Tragedy is an equal opportunity destroyer; it is no respecter of persons. So, when you work with victims all the time, there are some trends that you notice in people in the midst of their suffering. Often times, people and personalities range on a spectrum that runs from two very different extremes. holding Here, there are two very different extremes and most people fall somewhere in between them. The bad extremes, however, create the stereotypes that often shape our responses to suffering in others. Without demeaning anybody who has suffered an injury through no fault of their own, I have created a list of the two different types of personal injury victims and a description of each. 1. The Greedy Know It All I have heard from many people that personal injury victims are just greedy and out for a quick buck. However, this is by far the minority of personal injury victims. Like any other class of people, a few bad apples spoil the bunch. This is where most stereotypes come from. This person has an entitlement mentality. He believes that his accident was more egregious than all other wrecks and that he has suffered more than any other personal injury victim known to man, which entitles him to significant amounts of money even though the treatment and injuries were standard, soft-tissue injuries. Practically, this person refuses to listen to his lawyers recommendation for how to proceed with his treatment, his case, and ultimately his recovery. In the end, this victim will never recover emotionally. Perhaps this person will never fully recover physically, and all of this has a drastic impact of whether this person will fully recovery financially. This person is the most difficult to deal with for personal injury lawyers. This person can appear as the broken, humble and hurt victim but might into the greedy know it all after the dollar sign goes off in his head. For obvious reasons, this person is impossible to identify until he shows himself. Lawyers tend to avoid the greedy know it all victims because no one will ever be happy at the end of the day. This person drains the energy from the lawyer and is actually counterproductive to the process. Michael Hyatt writes about that in the retail context here. This person is almost like a unicorn. Existing in theory, but very rarely in reality (hence the almost). 2. The Broken, Humble, and Hurt This victim is much more common and I would venture to say that this is the vast majority of personal injury victims. This person what injured unexpectantly, just like the greedy know it all. But this victim comes to a lawyer only because the task of recovering physically, emotionally, and financially is too much to handle all on his own. This person has likely never been involved litigation before and comes to his lawyer asking questions and earnestly seeking advice. This person gets the treatment recommended by his doctors and keeps his appointments. He speaks to his lawyer with respect and deference when it comes to his treatment, litigation strategy, and his financial recovery. This person usually fully recovers emotionally, physically, and financially. [Tweet "Tragedy is an equal opportunity destroyer; it is no respecter of persons."] A Perfect Example:  McDonalds did an excellent job of painting Stella Liebeck as the greedy know it all in the hot coffee case. The big corporate spin doctors did an amazing job of destroying her character when she was forced by them to file suit in court. The truths, however, that Stella Liebeck was the broken, humble and hurt victim. She had no intention of filing suit and would have settled for her medical expenses and lost wages ($20,000.00) before she hired a lawyer. Because McDonalds trusted their spin doctors, they refused to settle and a jury in New York awarded a judgment in the amount of $2,900,000. McDonalds admitted numerous facts that resulted in a significant punitive damages award intended not to compensation Ms. Liebeck, but to punish McDonalds. You should read more about it here. If you are like most people, you probably thought that Stella Lieback was the greedy know it all. She was not and most personal injury victims are more on the broken, humble and hurt end of the spectrum. The type of person you are before you accident will determine the type of person you are after the accident. If you are a jerk and you have a lot of money, then you are a rich jerk. But the contrary can be true too. If you are humble, caring, and giving, and you come into money, then you will be humble, caring, and giving but to a greater extent. Money is just an amplifier for who you are so be humble, caring, and giving. 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Wednesday, October 14, 2015

Two Different Types of Personal Injury Victims

We all know that there are very different types of people in this world. And the same in true in the practice of personal injury law. Tragedy is an equal opportunity destroyer; it is no respecter of persons. So, when you work with victims all the time, there are some trends that you notice in people in the midst of their suffering. Often times, people and personalities range on a spectrum that runs from two very different extremes.

Here, there are two very different extremes and most people fall somewhere in between them. The bad extremes, however, create the stereotypes that often shape our responses to suffering in others. Without demeaning anybody who has suffered an injury through no fault of their own, I have created a list of the two different types of personal injury victims and a description of each.

Category:
Continue Reading >
Tuesday, September 1, 2015

The Insurance Company Said…

Remember, the adjuster is not your friend

If you have been in a car accident then chances are you’ve already talked to an adjuster before coming in to talk to a lawyer.  If you haven’t already noticed, the adjuster represents the insurance company, not you.  So when the adjuster says certain things, it is important to be cautious and skeptical about those things.

When folks come to see a lawyer, it is usually because their case has become too big to manage on their own or because the insurance adjuster refuses to offer a reasonable settlement.

Category: Personal Injury
Continue Reading >
Saturday, August 22, 2015

Financial Recovery may not mean what you think it means.

One thing that you might not expect to hear is that personal injury cases are not, and have never been, a get rick quick scheme. In fact, you will not hear the lawyers or team members at Overbey, Hawkins & Wright talk about hitting a home run or setting you up so you can play tennis or golf for the rest of your life worry free. That is simply not reality.

The stereotype, however, of personal injury plaintiffs is that they are out to get rich quick and that their lawyers are no better. As with most stereotypes, though, this could not be farther from the truth.

Category:
Continue Reading >
Friday, May 8, 2015

We Promote Your Recovery

So that you can resume living a healthy and fulfilling life

At Overbey, Hawkins & Wright, we are lawyers. We help people who have been injured through no fault of their own to recover emotionally, physically, and financially so that they can resume living a healthy and fulfilling life.  We say all the time that “we promote your recovery,” but what does that mean?

At Overbey, Hawkins & Wright, it means three things . . .

Category: Personal Injury
Continue Reading >
Thursday, March 12, 2015

Do you have a personal umbrella policy? Do you need one?

Do you have a personal umbrella policy? In fact, have you taken my advice from earlier this year to review your insurance coverages? It is always a good time to consider your personal financial situation and the effect a catastrophic collision would have on your life.

 

It doesn’t matter if you would be the plaintiff or the defendant, it is time to increase your insurance coverages.

I can’t count how many times folks come into my office and they don’t have sufficient insurance coverage for their case. I spend a lot of time on this blog explaining how much insurance you should have to make sure you are covered in the event of a catastrophic accident. As a personal injury attorney, I feel it is my duty to the community to educate folks about the insurance world and what you should and should not have.

Category: Personal Injury
Continue Reading >