With this new decision, a property owner is now liable for any hazardous conditions on his or her property whether natural or unnatural and the owner must take reasonable care and has the obligation to make his or her property safe for lawful visitors. This obligation cannot be delegated. While a snow removal company may also be liable for its failure to properly remedy hazardous conditions on the property it has been contracted to clear, the landlord or property owner still has an obligation to oversee and ameliorate any hazardous conditions irrelevant of whether or not he has already hired someone to do so. The mere hiring of a third party for the purpose of snow removal does not exonerate the property owner from liability.

So are you prepared for winter? This doesn’t just apply to large corporations with parking lots or public areas. Make sure you clear your pathways to your front door and salt and sand all walkways on your property. Clear snow and ice from your driveway as soon as possible. If you are unable to do so, hire someone to help you but be sure you are satisfied with their job as you, the property owner, are responsible to do so.

A few weeks later, John began to experience severe headaches. He went to a neurologist who diagnosed him with post-concussive syndrome related to the accident. These headaches continued unremitted for two years significantly impacting John’s quality of life. John missed so much work because of the headaches that he was eventually fired. He lost nearly $24,000 in lost wages. He had to struggle with unemployment for nearly six months before finding another position where he had no choice but to suffer through the work day with debilitating headaches.

In addition, John suffered a straightening of the lordotic curve in his neck. Years later he developed an arthritic neck from the acute cervical strain he suffered in the accident.

Despite what seemed like an innocuous bruise to his left knee, John continued to experience pain in his knee. He eventually saw an orthopedic doctor who diagnosed him with traumatic chondromalacia patella which is a degenerative condition of the knee where the cartilage wears away. He had to undergo an arthroscopic knee surgery and eventually required a total knee replacement.

Between the treatments for his headaches, neck pain, and knee pain and subsequent surgery, John incurred $65,000 in medical bills and lost an additional $8,000 in wages from time he had to take off from work to recover from knee surgery.

John’s specials for his personal injury claim totaled over $97,000 but John settled his claim for $1500. Insurance companies will often try this tactic because it is most beneficial for them to settle claims for the least amount possible. Prematurely settling a claim before the full extent of your injuries is known is never in your best interest. Injured parties should be aware of unsolicited premature settlement offers. Also, if an insurance company ever tries to tell you that you do not need to hire an attorney, they are breaking both Massachusetts and New Hampshire law by offering legal advice when they are not a qualified attorney. Hiring a lawyer will preserve your rights and often times will increase settlement offers on your claim. Don’t be hung out to dry. Contact the Law Offices of Edward F. Wallace today for your free consultation and preserve your rights to your bodily injury claim, lost wages, and pain and suffering.

But wait there’s more! What happened to John’s vehicle? John’s car was deemed a total loss because the impact bent the frame of the vehicle. According to Kelly Blue Book, John’s vehicle should have been worth $7,500. The property damage adjuster offered John $6,000. John cashed the check. By cashing the check, John was “accepting” this $6,000 offer as full and final payment for his property damage. He was unable to make a claim for the $1500 additional value of his vehicle.

Mary was just as unlucky. She was t-boned by a vehicle that ran a stop sign. She suffered significant injuries to her shoulder. Her car was also totaled. She was offered $8,000 for her vehicle which seemed a fair value for her used car. She cashed the check and signed the release which is suppose to “release” the insurance company from any further claims regarding her vehicle. Mary did not read the fine print. It turns out that the release “released” the insurance company from ALL claims. Therefore Mary was unable to make a bodily injury claim and recover any money for her shoulder injuries, lost wages, or pain and suffering. While this tactic is no longer very common, some companies still try to employ it. A lawyer would have been able to assist Mary in her claims and would have noticed the specific language in the release which prevented Mary from making any further claims. By hiring a lawyer, Mary would have preserved her rights to her bodily injury case.

Don’t let insurance companies get the best of you. Contact the Law Offices of Edward F. Wallace today for your free consultation and preserve your rights to your bodily injury claim, lost wages, and pain and suffering. If you were injured in Massachusetts or New Hampshire, call 888-339-2889 for your free consultation. All cases are on a contingency basis. We don’t get paid unless we recover money for you.

CNN has done a report on such low impact claims. Their article Auto insurers play hardball in minor-crash claims, reports that insurance companies have a strategy to deny, delay and defend a claim.

Their objective is to make it so expensive to recover from an accident that lawyers will refuse to take low impact cases. It is noteworthy that in the age of “Tort Reform”, none of the money saving strategies of the insurance companies have impacted premiums. It would be reasonable to think that if the insurance companies are not paying out on claims then their insureds would not have to pay as much in premiums, but that is not the case. The insurance companies want you to believe that they pass the savings along to you, while they pocket the extra money.

Interestingly enough, there has been an influx of automobile insurance advertisements on television. These ads promote one of two things, either a) you will get the cheapest deal - and they failt to mention that you get what you pay for and b) their company will take care of you. They even have testimonials from people about how their company helped them. The average person will fail to notice that most of these testimonials are about car repairs, car rentals, and property damage claims. If you have been injured in an accident, and need to make a bodily injury claim and don’t have a good attorney on your side, GOOD LUCK!

Did you know that if you only buy the minimum policy required by the state in which you live (in Massachusetts it is a 20/40 policy which is $20,000 per person, $40,000 per accident) and you cause an accident where the injuries of the person you hit far exceeds your policy limits then you are personally liable for the excess? Best case scenario, don’t get into an accident. Worse case scenario, make sure you have adequate insurance in the event of a serious accident. Ask for a 100/300 policy or better and choose an insurance company who is the most reliable when dealing with bodily injury claims. You buy insurance to safeguard yourself from personal liability. If your insurance company fails to settle a claim within their policy limits, you could be personally liable.

Were you injured in an automobile collision? Contact an attorney today. Fight for your rights.

What comes to your mind when I mention the biblical Book of Exodus? Iconic images from the movie “The Ten Commandments” of Charlton Heston playing Moses holding up his staff as God parts the Red Sea? Maybe you remember a Sunday school teacher describing the plagues God visited upon the Egyptians; the Nile turning to blood, hailstones wiping out their crops, or the death of every firstborn creature.

Although the Book of Exodus deals with the fledgling nation of Israel’s journey out of slavery and into the Promised Land, there are some very practical principles that allowed this group of former slaves to live together as a community and deal with the inevitable conflict that arises in every culture. Many of these principles transcend time and culture and have been adopted into our system of law. Three specific concepts that we deal with the field of personal injury are negligence, damages, and restitution.

Moses gives an example of how this dynamic plays out in Exodus 22:33-34. “If a man uncovers a pit or digs one and fails to cover it and an ox or a donkey falls into it, the owner of the pit must pay for the loss; he must pay its owner, and the dead animal will be his.”

In this example the negligence was the man leaving the pit open, a hazard, the damage was the animal being killed, and the restitution was the negligent party paying restitution to the owner of the dead animal. Four thousand years later, we employ the same principles in resolving personal injury claims. Perhaps a property owner leaves construction debris on a sidewalk, or a landlord fails to keep your apartment stairs free of ice and you fall and are injured. The landlord, like our ancient pit digging friend, owes you a duty of care so that your personal safety and property is protected on his property.
When we deal with motor vehicle accidents that result in personal injury, the same principles can be applied. One motorist is negligent and causes an accident that results in personal injuries to you. Under our laws you have the right to demand restitution from the negligent party. Although you won’t get a bull or a goat for your troubles, you have the right to receive monetary compensation as restitution for your medical expenses, lost wages, and pain and suffering.

A broader statement of this principle is found in the Book of Numbers 5:5. “The Lord said to Moses, “Say to the Israelites: ‘When a man or woman wrongs another in any way and so is unfaithful to the Lord, that person is guilty and must confess the sin he has committed. He must make full restitution for his wrong, add one fifth to it and give it all to the person he has wronged.”

People who have been wronged exist in vast numbers in our world. All of us have observed an obviously unjust situation and been emotionally effected by it. Those situations that are obviously unjust can stir up a righteous anger and motivate us to action. When Jesus delivered his sermon on the mount in Matthew 5:6 he said “Blessed are those who hunger and thirst for righteousness, for they will be filled” He was revealing to us that our desire for justice and fairness really is one of God’s attributes that he has bestowed on mankind as his image bearers.

In the world of personal injury law, we are in a privileged position to help people in crisis and need obtain a good outcome from a bad situation. And that too is in the bible.

Jeff Van Dell

My 30 years of experience in handling motor vehicle accident cases is consistent with the research group’s forecast that the percentage of insured motorists usually rises with the unemployment rate. Unemployment is expected to rise to over ten percent in certain areas in the upcoming months.

Whether you live in Massachusetts or New Hampshire, you need to insure yourself against uninsured motorists. You should review your automobile policies to be sure that you have adequate uninsured motorist coverage. If you are hurt by an uninsured motorist you will only be able to collect up to the policy limit of your uninsured coverage.

Note from the Webmaster: For those of you living in New Hampshire, you may have noticed that on February 2nd 2009, the Nashua Telegraph did an article entitled Uninsured on the road could swell by Melanie Plenda. You can view the article on the Nashua Telegraph’s website. The good news is that in New Hampshire, the insurance companies are not allowed to deny coverage to anyone because of bad credit, low income or other factors with the exception of out of state residency and legally not allowed to drive. The bad news however is that auto insurance is voluntary in New Hampshire. If you are uninsured and get in an accident with another uninsured vehicle, there is nothing to collect, leaving you responsible for all your bills. Therefore, automobile insurance is highly recommended.

The first is called Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse. If you have ever placed an insurance claim, you may be familiar with these tactics. For the best results, hire a lawyer to deal with your insurance claims especially in the event of an accident. Click here to view in PDF

The second article is called The Ten Worst Insurance Companies in America: How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most. We have had on our blog this past month a survey that you can participate in, entitled “How Satisfied Are You with Your Automobile Insurance Company?” We have been encouraging readers to fill this out and were interested in seeing the results. Now with this article out, it will be even more interesting to see how satisfied people are with their automobile insurance companies especially if their insurance coverage comes from one of the Ten Worst. Click here to view article in PDF

Have you had issues with your insurance company because you were in an accident in Massachusetts or New Hampshire? Contact the Law Offices of Edward F. Wallace, P.C. today for a free consultation.