by Thomas Gagné | Feb 4, 2017 | Uncategorized
It’s absurd that most insurance companies will pay less in bodily injury compensation for “low impact” vehicle collisions – those with property damage under one thousand dollars. Insurance companies reason that if the impact was “minor” than juries will buy the argument that the injuries suffered were also “minor.” Insurance defense attorneys will make a big dog and pony show of this in court – blowing up pictures of the vehicle, paying some expert to testify that the blow from the at-fault vehicle was “ relatively” light.
Insurance companies are wrong on two counts here. First, the average weight of an automobile is approximately two tons. That’s two tons of mass multiplied by how fast the vehicle was moving coursing through your body at the time of impact. Such force is never insignificant or minimal! Even at five miles per hour, the force is enough to cause serious bodily injury.
Secondly, many people have pre-existing conditions – especially orthopedic conditions which are especially susceptible to these forces. These persons are called “eggshell plaintiffs” by the law. There is certainly no such thing as a “minor impact” on these individuals, especially if the person is older.
Don’t let insurance companies devalue your claim by arguing that your auto accident was “a minor impact.”
by Thomas Gagné | Feb 3, 2017 | Personal Injury, Uncategorized
Obtaining timely and proper medical treatment is the cornerstone of a well-managed personal injury case and one of the most important reason clients seek my counsel. Without medical attention, clients not only jeopardize their physical well-being but the value of their case as well. (more…)
by Thomas Gagné | Feb 2, 2017 | Personal Injury, Uncategorized
A common challenge that I face when representing injured clients occurs when the client fails to make her doctors’ appointments. Any medical provider, doctor or therapist worth her salt will schedule several appointments or follow-up sessions or examinations and so forth until the client has reached maximum medical improvement. (more…)
by Thomas Gagné | Feb 1, 2017 | Personal Injury, Uncategorized
One of the legal requirements or “elements” of a workers’ compensation case is “notice”. That is, Your employer has a right to be notified of your accident. New clients tell me all the time: “Well, I didn’t actually tell my supervisor about the accident, but he knows.” After a bit more inquiry, it turns out that the client really does not know for sure if the employer has really been notified.
The conservative approach to notice in workers’ compensation cases,, and by far the best practice, is for the employee to specifically tell his or her employer about the accident, including who was present, i.e., eyewitnesses, other witnesses, what happened, where it happened, when it happened, and if the employee knows, why it happened.
