Modesto Injury Lawyer Blog

Social networking has revolutionized the way many Modesto residents are connecting with each other, sharing personal information and keeping in touch. Unfortunately, social networking sites like Facebook and Twitter are also causing a myriad of problems for personal injury and workers compensation victims.

Insurance companies are savvy when it comes to social networking sites. They are now using information that people post on public profiles to deny or limit payments for car accidents, truck accidents, workers' compensation and other injuries. For example, if an insurance company approves a car accident victim for a settlement and she posts: "Healing quickly, headed to the gym this morning!" on her Facebook page, an insurance company can use this as justification to deny further benefits.

Although this act is reprehensible, it is not necessarily illegal. If you publicly declare any information about your injuries or recovery, you can invalidate your benefits, so lawyers advise that it's better to simply stay mum when it comes to your personal injury.

In addition to denying benefits, insurance companies can also use information that you post against you in court to damage your character or embarrass you. If the insurance company can prove that you're a "bad person" (by using illegal or immoral evidence found on your page), then they may also be able to prove that you don't deserve damages. Also, be sure to tell friends not to write about your recovery or tag you in photos that may be used against you.

If you are being denied coverage for a personal injury, be sure to contact a personal injury lawyer in Modesto today.

With the rise in accidents due to distracted driving across the United States, insurance companies are now asking some customers to submit their phone records to determine if they were using a cell phone at the time of an accident. These records are then being used to determine fault. As a result, customers may see a rise in rates, denial or underpayment of claims and even policy revocation.

Although insurance companies cannot legally obtain your phone records without a court order, there have been reports of customers being asked to divulge their phone records voluntarily. The insurance companies tell the customers that they will be able to subpoena them in court anyway (true) so they should just hand them over (not true). Unless you are directed by a court or the police to hand over your cell phone records, you have no legal obligation to do so.

Why Are Insurance Companies Doing This?
Although there is no nationwide policy against cell phone use while driving, many states have adopted laws that make talking or texting (or both) illegal while operating a vehicle. In 2008 alone, nearly 6,000 people died in crashes that involved a distracted driver, according the National Highway Transportation Safety Administration (NHTSA). Further, the NHTSA reports that cell phone use while driving decreases brain activity by 37 percent, increasing your risk of an accident. For all of these reasons and more, insurance companies are very interested in cell phone usage at the time of an accident.

If a distracted driver has injured you in an accident or your insurance company is trying to deny your claim because of cell phone use, you must contact a dependable attorney in Modesto today. These companies have huge legal teams working on their behalf and you should have someone on your side working just as hard.

On March 18, 2010, Good Morning America featured the story of Joe McKee, a Harley-riding guy who enjoyed fishing. Joe was paralyzed after a concrete wall of a backyard storage building on his property fell on him. The injury permanently damaged his spine, rendering Joe's legs useless. He is confined to a wheelchair and will never walk again, according to his doctors.

Joe took solace in the fact that he had accidental death/dismemberment insurance with the provider CIGNA. Joe filed his claim and submitted statements from several doctors who all corroborated his condition. However, CIGNA argued that Joe was still able to complete some of his "daily activities" and that he was therefore not eligible for benefits.

His lawyer, on the other hand, argued that being able to brush his teeth and complete other simple tasks was not reason enough for Joe to be denied coverage. The fact of the matter was that Joe could not walk and would never be the same. After more than two years of fighting CIGNA and GMA's entry into the case, CIGNA recanted. They paid Joe a check for nearly $550,000 for his injuries.

Getting What You're Owed in a Personal Injury Case
Too often, insurance companies will look for a way out of paying you what you deserve. If you or someone you love has been injured and is having trouble collecting on an insurance policy, you don't need to call a national morning show. Simply contact a personal injury lawyer in Modesto who will fight for your rights.

If you've been injured in Modesto, California, you may be offered either a structured settlement or a lump sum payment for your medical expenses, lost wages and/or pain and suffering. Personal injury cases are traditionally settled by insurance companies to avoid legal action. If you've experienced a personal injury because of the negligence of someone else, it's important to remember that the job of insurance adjustors is to keep settlements as small as possible.

Hiring a personal injury lawyer can help you maximize your recovery amount through either a structured settlement or lump sum payment. Which you choose is up to you, but here are some of the benefits of each:

Lump Sum Payments
Often, minor or moderate injuries are settled with lump sum payments, given the fact that these injuries don't usually warrant exorbitant amounts or the need to factor in the costs of future medical payments. An example would be a broken arm from a slip and fall injury. This sort of injury should heal normally in a finite amount of time without recurring issues in the future, so a one-time payment would likely be enough to satisfy the legal responsibility of the negligent party.

Structured Settlements
More severe injury cases are typically compensated through structured settlements for two reasons. First, the amount of these types of settlements (i.e. for disfigurement, paralysis or other lifelong injuries) can be quite sizeable, so insurance companies prefer to pay them over time. Second, these amounts are often structured to accommodate the costs of ongoing or future medical expenses that may not be calculable at the time of the injury.

Structured settlements have several benefits. They are considered tax-free income, which means that you keep 100% of the settlement without having to ever pay taxes on the sum. Also, you'll receive payments over the long-term, which can help sustain you and your family, even if you're unable to work. Finally, structured settlements allow you to use the money to pay for a variety of expenses related to your injury at your discretion.

If you've been injured as the result of an auto accident, medical malpractice case or slip and fall injury, you may be offered a settlement from the negligent party's insurance company. Although these settlements can be very helpful immediately after an injury, they are often not adequate enough to truly cover all the damages you've incurred from your injury. Especially for quick settlements that may even be drawn up when you're still in the hospital, you may not be offered all that you're entitled to receive.

Calculating Insurance Settlements
Understanding how insurance settlements are calculated can help you determine if the amount you're being offered is fair or not. Most insurance companies will calculate a settlement amount based on a variety of factors, including medical expenses, loss of wages, pain and suffering, disability and emotional trauma. At first, these payments may seem adequate or even generous, but you have to realize that most insurance adjusters will offer you the bare minimum amounts in each category.

A personal injury lawyer can fight to get you the maximum recovery for your injury. In addition to current lost wages and medical expenses, you are also often entitled to future payments for loss of wages and medical treatments. You and your doctor may not realize how long an injury will affect you, so it's important that you are compensated for ongoing injuries as well.

If you're nervous about hiring a lawyer because you're afraid of a court battle, keep in mind that 95% of personal injury cases are settled before ever going to trial. A lawyer can simply get you maximum recovery during the settlement period by challenging the insurance company's numbers.