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Brennan & Kavouklis, P.A. Newsletter
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FALL 2007 ISSUE
WHAT TO DO IF IF YOU’RE
IN AN AUTOMOBILE ACCIDENT . . .
Brennan & Kavouklis,
P.A. Injury Law Alert Newsletter
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There are approximately 12 million car accidents in the United
States each year. It is a disturbing fact that you or someone
you know is likely to be involved in an auto accident. Take a
few minutes to read the answers to these frequently asked questions
about accidents.
What Should I Do If I Am
in an Accident?
See the accompanying article for a helpful checklist of “do’s
and don’ts” if you are involved in an accident.
How Are Insurance Claims
Handled?
As soon as possible after the accident, contact your insurance
company. If the accident was the other driver’s fault, your
claim should be paid by his or her insurance company. If the
other driver does not have insurance, or does not have enough
insurance, your insurance company may pay your claim, depending
on what kind of coverage you have.
Some insurance companies will tell you that you don’t need
an attorney to represent you if you are injured in the accident.
This is bad advice. Never give an insurance company official
statements about the accident without consulting with us so that
we can protect your rights.
What About Property Damage
Claims?
Most property damage claims are handled quickly and efficiently
and usually do not require a lawyer. If the accident is not your
fault, the other driver’s insurance should pay to fix your
car, unless it would cost more to fix your car than it is worth.
If this is the case, your car is “totaled,” and you
will receive only the market value of your car before the accident.
Many repair shops will help you by providing free repair estimates
for insurance purposes.
What If I Am Injured?
As with property damage, if the other driver is responsible for
the accident, he or she is also responsible for your medical
bills. If you have been injured, it is important to see a doctor
as soon as possible. Remember: An injury may not appear until
long after the accident.
Do I Need an Attorney?
If you were not hurt, or if the only damage suffered is property
damage, you probably will not need an attorney. However, if you
have been injured or have missed work, you should contact us
immediately to help you get your fair due from the insurance
companies. Unfortunately, many insurance companies make it difficult
to recover for certain kinds of injuries (such as whiplash) without
a lawyer’s help.
How Much Will It Cost to
Get Legal Help?
Most attorneys who handle personal injury lawsuits do so on a
contingent fee basis. This means that you do not have to pay
for the attorney’s services out of your own pocket, but
instead the attorney will receive a share of the recovery if
you are successful. If you don’t win, you don’t pay.
We believe that you deserve good legal help even if you do not
have a lot of money.
What Is My Claim Worth?
The answer depends on a number of different factors. You should
be compensated for your medical bills and lost wages, both past
and future. You also should recover something for the pain and
suffering the accident has caused you. If your injuries are serious
enough, they may affect you for the rest of your life, and so
you should be able to recover for your lost earning capacity.
How Long Will It Take to
Settle My Claim?
Many cases settle quickly, to everyone’s satisfaction. Others
continue for months or even years, depending on whether there
are disputed facts and on the amount of medical treatment you
require. Still other cases cannot be settled without a trial,
which may take longer.
Who Do I Talk to?
If you have been in an accident and have questions about whether
you need a lawyer or whether you have a right to monetary damages,
call us. Decisions that must be made after an accident are very
important. We will be happy to talk to you about your case.
AUTO ACCIDENT CHECKLIST
 STAY CALM.
Move yourself and your passengers
out of harm’s way. Call the police.
Assist anyone who is injured.
Call for an ambulance if necessary.
Get the name, address, phone
number, and license number of the other driver(s) and car(s).
Exchange insurance information. DO NOT discuss the accident (except
with the police), but DO make notes of anything the other driver(s)
says about the accident.
Get the names, addresses, and
phone numbers of any witnesses.
Get photographs of your vehicle,
contact your insurance company, and write down everything you
remember about the collision ASAP.
Contact our firm to discuss your
legal options.
INSURERS PLAY HARDBALL
Month after month, you pay hundreds of dollars in insurance
premiums, expecting that if you have an accident your insurer
will cover the bill. Unfortunately, this expectation all too
often goes unmet because insurers play hardball in accident claims.
For the past decade or more, many insurers have taken a tough
stance on paying so called “soft tissue” claims—those
claims where the injury does not show up on X rays, such as whiplash.
This stance is sometimes called the “Three Ds”: Deny
the claim, delay the settlement, and defend in court.
So why the tough stand? The answer is simple: MONEY. For every
dollar not paid out in claims, the insurer makes another dollar
in profit. The fact that its insured gets dragged into court
on a relatively minor claim does not seem to bother the insurance
company, nor does the fact that an injured person goes uncompensated.
Insurers are paying less and less in claims, but continue
to increase premiums. Why? Again, the insurers have done a good
job of convincing people that liars and cheats who make false
or inflated claims are actually costing them millions of dollars
a year. This is also part of their strategy: Make the victims
look as though they are trying to defraud the insurers, and make
the lawyers who represent the victims look greedy.
The sad truth of the matter is that, as long as people let
insurers get away with this strategy, insurers will continue
to use it. The only hope is that when enough of us have been
treated unfairly, we won’t put up with it anymore.
WE APPRECIATE YOU
Thank you for choosing our firm for your legal needs. We hope
that you will continue to count on us when you need legal help.
We are just a phone call away.
We also appreciate the trust that you have placed in us by referring
your friends, family, and associates to us for legal services.
Thanks! We never charge a fee on injury cases unless we recover
money for you…its that simple!
If you are interested in receiving help on your potential
case, please click
here for free (secure online) Case Evaluation. Any initial
consultation with Brennan & Kavouklis, P.A. is free. For
more information, contact us at 813-254-7770, or by e-mail
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