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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 ) [1] => 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 ) [2] => 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 ) [3] => WP_Post Object ( [ID] => 825 [post_author] => 4 [post_date] => 2015-02-20 21:50:14 [post_date_gmt] => 2015-02-20 21:50:14 [post_content] => Look around.  Snow, snow and more snow. Even the casual glance throughout the city and surrounding counties will reveal several snow plows and, as a result, several snow mountains. The plows are driving up and down every street trying to make a way for you to get to and from school, work, and local businesses to keep our local economy afloat. Snow Plow As a society, we are thankful for the service they provide and, as a result, we exempt localities from any liability that might arise in the course of the emergency response. Generally, municipal corporations enjoy immunity from civil liability when performing governmental functions, but not when performing proprietary functions. Stop. I may have just lost you, and you would not be alone. Judge Wetsel said “[w]here currents collide, whether at sea or at law, the main channel is frequently difficult to discern.  Few areas of the law illustrate this potential turbidity than the confluence of the currents of proprietary and governmental functions in negligence actions against municipal corporations.” Smith v. Town of Front Royal, 61 Va. Cir. 5 (2003). This line hits the nail right on the head. Essentially, while there are some bright line rules, there are also some fuzzy gray-area rules. So let me try to explain a couple of these rules. Maintenance of city streets and sidewalks is a proprietary function (no immunity) except when such maintenance of the city streets and sidewalks is done “for the common good, without the element of corporate benefit or pecuniary profit . . . , ” which makes it a governmental function (immunity). Balk v. City of Hampton, 242 Va. 56, 405 S.E.2d 619 (1991). Our Supreme Court has held that when the two functions collide, the governmental function will prevail. Taylor v. City of Newport News, 214 Va. 9, 197 S.E.2d 209 (1973). In other words, if the snow plows are working to abate the snow and ice on the ground during the course of its response to that emergency condition created by the weather, then it is a governmental function and the city is immune from liability. But does the emergency response (and thus the governmental function) persist in perpetuity? Not according to Judge Wetsel. If the emergency has ended and normal conditions have resumed, the the duty to maintain streets and sidewalks will revert back to a proprietary function and the locality loses its immunity. If the city creates a hazard on the street or sidewalk because of its emergency response, then it may be liable if it does not take action not fix the problem it created within a reasonable time period. As long as at the emergency condition no longer exists, then any clean up is proprietary and the city does not enjoy immunity. Then, the difficult task of proving liability, and disproving contributory negligence, begins. These types of cases are very difficult, fact specific, and time sensitive. If you have been injured by a locality’s snow response, you should contact a personal injury lawyer immediately to discuss your case. [post_title] => Are City Snow Plows Immune From Negligence Liability? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => are-city-snow-plows-immune-from-negligence-liability [to_ping] => [pinged] => [post_modified] => 2017-06-16 14:04:15 [post_modified_gmt] => 2017-06-16 14:04:15 [post_content_filtered] => [post_parent] => 0 [guid] => http://overbeylaw.com/?post_type=news&p=825 [menu_order] => 0 [post_type] => news [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 827 [post_author] => 4 [post_date] => 2015-02-13 21:55:36 [post_date_gmt] => 2015-02-13 21:55:36 [post_content] => If you were injured in a car wreck and you are seeking treatment for your injuries, we always tell folks to use your health insurance to pay for your medical treatment.  Frequently, though, when your health insurance gets wind that your medical expenses were caused by the negligence of another, your health insurance company will send you a questionnaire asking you for information about your accident, injuries, and whether you are represented by an attorney. Sthethoscope and medical documents Your health insurance company does this so that they will know if they are entitled to be reimbursed for the medical expenses they pay on your behalf for accident related treatment. However, not all health insurance policies are entitled to reimbursement in Virginia. In fact, the general rule is exactly the opposite in Virginia for health insurance, with a few exceptions. If your health insurance is provided through Medicare or Medicaid, both are entitled to reimbursement to some degree from your recovery from the third party tortfeasor. Medicare is considered a “secondary payor” but it will make conditional payments subject to reimbursement. Medicaid is entitled to a statutory lien against any settlement or judgment “to the extent of such legal liability” of the third party tortfeasor. A tortfeasor is the person who committed the tort. A tort is a civil wrong, other than a breach of contract, that gives rise to a lawsuit for damages against another person, like a car wreck. A third party tortfeasor is any individual or entity that is or may be liable to pay for all or part of the expenditures for medical expenses. This is not as simple as it appears, though, and there has been much litigation on “the extent of legal liability” in Medicaid cases. According to the Supreme Court, only the amount you recover from the third party tortfeasor that represents medical expenses is subject to the lien of the state government. This scenario may seem odd and you may ask why wouldn’t the tortfeasor be liable for all of my medical expenses? In some states, the law permit partial recovery based on allocation of fault. In Virginia, the law eliminates any recovery if the plaintiff is at fault at all. Additionally, we frequently see clients who have to settle for much less than the case is worth because the insurance policy limits are well below the amount of harms and losses suffered by the plaintiff. For example, imagine you had $75,000 in medical expenses but only $100,000 in insurance coverage. The driver of the other vehicle is the typical citizen who owes more money on his house, car, and credit cards than he has. We would call that person insolvent and ultimately judgment proof. He is judgment proof because even if you went to court can obtained a judgment for $300,000, you would likely never see more than the $100,000 that he had in insurance coverage. This would essentially force you to settle the claim for the policy limits of $100,000. Would Medicaid have a lien for the full $75,000 in medical expenses it paid?  The answer is no, because the third party tortfeasor only ended up paying for about 1/3 of the value of your case and thus, only 1/3 of the value of your medical expenses.  So the third party tortfeasor paid $25,000 of your medical expenses and Medicaid’s lien should be limited to that amount. If your health insurance is an individual plan that you signed up for and you pay for, then you will not have to reimburse your health insurance company for any medical expenses. So even if your health insurance company ask you for information, you will not have to reimburse your medical expense when you settle your claim. If you policy is provided through your work, that answer might change even though you contribute some to the policy.  If your policy is provided through your employment, the Employee Retirement Income Security Act, a federal statute that preempts state law, allows your health policy to recover the full amount of medical expenses paid as a result of a third party tortfeasor if ,and only if, your policy is self-funded. Self-funded means that the general assets of your employer pays your medical expenses, not an insurance company. If your employer is only responsible for the premium and the insurance company is responsible to pay the medical expenses, then your plan is not self-funded, it is insured. This is much more complicated a question than it appears on its face because policy documents can be hundreds of pages and you might have to dig deeper to find out if t he plan is truly self-funded. Many plans claim to be self-funded, but, in reality, it is not. If it is, the plan is entitled to reimbursement that is called an equitable lien.  If not, Virginia law prohibits reimbursement. If you don’t know what type of plan you have, you need to contact a Virginia personal injury lawyer to investigate.  Even if your plan is self-funded, there are some things that a qualified Virginia personal injury lawyer can do now to put you in a better position to negotiate a reduction  later. If you have questions, email or call us for a free personal injury consultation. 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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.

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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 >
Friday, February 20, 2015

Are City Snow Plows Immune From Negligence Liability?

The doctrine of sovereign immunity protects municipalities

Look around.  Snow, snow and more snow. Even the casual glance throughout the city and surrounding counties will reveal several snow plows and, as a result, several snow mountains. The plows are driving up and down every street trying to make a way for you to get to and from school, work, and local businesses to keep our local economy afloat.

As a society, we are thankful for the service they provide and, as a result, we exempt localities from any liability that might arise in the course of the emergency response. Generally, municipal corporations enjoy immunity from civil liability when performing governmental functions, but not when performing proprietary functions.

Category: Personal Injury
Continue Reading >
Friday, February 13, 2015

How to keep your health insurance from taking your money

The general rule is your health insurance is not entitled to reimbursement

If you were injured in a car wreck and you are seeking treatment for your injuries, we always tell folks to use your health insurance to pay for your medical treatment. But what happens if your health insurance wants to be reimbursed by you?

Frequently, though, when your health insurance gets wind that your medical expenses were caused by the negligence of another, your health insurance company will send you a questionnaire asking you for information about your accident, injuries, and whether you are represented by an attorney.

Category: Personal Injury
Continue Reading >