Archive for April, 2011

Each spring, as the buds burst into bloom and the air warms, we all want to get outdoors. This is a time when motorcyclists itch to get out and ride.  The excitement is unmatched and, if the bike has been in the garage all winter, worth the wait.

So it is a time for a spring warning from Hausmann-McNally, S.C. personal injury attorneys who are bikers themselves.

The laws of physics and human nature still apply.

• Solid objects traveling at high speeds are more damaged in a crash than those traveling at lesser speeds.
• Solid objects hurtling into stationary objects cause damage both to themselves and humans who are attached to them.
• Rubber spheres are more likely to skid a vehicle out of control if the pavement is wet, freshly gravelled or the tires are worn.
• People’s attention tends to wander.
• People with alcohol in their systems have impaired attention and response times to dangers.
• Individuals in enclosed solid objects [cars and trucks]—especially with radio, noisy passengers or cell phones active–are less likely to hear and see motorcycles.

All the warnings we give to bikers go double for auto and truck drivers. It has been proven that other drivers often do not see motorcycles on the road. We urge drivers to be aware that they share the road with motorcycles and scooters, just as you need to be aware of children playing in the streets in good weather.

We would rather not see our biker friends in casts or wheelchairs or hospital beds. We want to see you on the road. Bikers—like Robins and tulips and asparagus—are signs of spring.

We understand that, if we are in cars, motorcycles can be behind us, passing us, coming towards us around a blind corner or quietly creeping up next to us at a stop sign.

And, if you are so unfortunate as to have an accident while riding your motorcycle, you know you can call Hausmann-McNally, S.C. at 800-227-6699. We will send a representative to your office, home or hospital room. Our special understanding of this area of the law spans over 35 years. We want to help preserve your rights in the matter.

NEW RULE TIPS SCALES AWAY FROM JUSTICE.

Hausmann-McNally, S.C. strongly opposes Indiana’s 30-day rule that prohibits attorneys from contacting accident victims to advertise their services. We see a dangerous trend towards this in other states.

This new provision in Indiana’s rules of professional conduct prohibits attorneys from making in-person, written or electronic solicitations in cases involving personal injury or wrongful death within 30 days of an accident or disaster.

This is totally wrong thinking, in the view of Hausmann-McNally President Charles Hausmann. As most of our clients know, we send informational advertising to victims after they have been in an accident. “The rule takes away victims’ rights and gives a clear advantage to insurance companies. This is detrimental to the victims’ best interests. ”

“This rule prevents people who need attorneys to learn about services available to them. More than that, Hausmann argues that the 30-day rule helps insurance companies, the lawyers’ traditional adversary in personal injury lawsuits.

A 2007 study by the Insurance Research Council showed that people who retained attorneys to represent them received two and a half to three times the amount of money than those who did not have attorneys.

“If insurance companies can keep people from receiving written information about their rights for 30 days, they can do whatever they want and no one can stop them,” says Hausmann. Within that critical 30 days, victims may succumb to less-than-fair insurance company offers or hire an off-the-TV law firm with little substance to its claims.

Hausmann-McNally’s 28-page brochure, for example, sets out information about victims’ rights, how the legal process works, how to select an appropriate lawyer and law firm, pitfalls to avoid when dealing with insurance companies and more. “This new rule prohibits us from giving this information to accident victims for 30 days at the most crucial point in their decision process. This level of useful information could never be presented in a TV commercial, or print ad.

“Insurance companies profit immensely if people do not hire attorneys to represent their side of a case.” A recent Bloomberg online article showed that if Allstate Insurance could prevent 25 percent of accident victims from hiring attorneys, their stock would go up $1.60 a share–for an estimated sum of $847,680,000. Money that should go to accident victims is shifted to the insurance company’s bottom line. It is no secret that insurance companies like this new rule.

“What this new rule means is that the victims do not have access to the information that will help them achieve a better settlement from insurance companies.”

It doesn’t help that some law firms create outrageously misleading TV and radio ads. People need to be able to see print material so they can review and carefully judge what the “offer” is from the attorney.

Although the Indiana law went into force in January 1, 2011, Hausmann says he intends to continue fighting it.

Hausmann is particularly incensed at the rationale for the new rule, an alleged concern about the “sensitized state” of victims who were either injured or grieving. “These same ’sensitized individuals’ are prey to insurance companies who are free to contact, deny, delay and make lowball offers.”

It is a personal injury attorney’s job to fight for his clients’ rights, something we take very seriously at Hausmann-McNally, S.C.

Sometimes it is hard to believe the lengths insurance companies will go in order to deny paying rightful claims.

A case in the Decatur, Illinois area is a case in point.

In 2006, a young woman was hurt in a serious automobile collision. The driver, unfortunately, died several days after the accident.

The victim—a Hausmann-McNally client—suffered injuries including head, shoulder, hand and neck pain, scarring, numbness and frayed nerves. She needed a host of diagnoses and treatments to restore her health. Her journey through medical and treatment centers made her uneasy but she was encouraged to persist in the quest to get relief from the pain and to heal from her injuries.

Meanwhile, the at-fault party’s insurance company denied the claim to pay for her injuries and losses because the driver of the car suffered a Stokes-Adams event* and later died. The insurance company invoked the Divine, saying the  accident was “an act of God.” So much for that.

Not impressed with their theology, Hausmann-McNally Attorney Greg Abel of the Decatur, Illinois office, appealed the insurance company’s decision.

He claimed that this was not an act of god—something out of the blue that cannot be predicted–because the at-fault driver had a health condition that he should have addressed.

Abel took the matter to the Macon County Circuit Court, and lost in the first round. He persisted, taking the case to the appellate court, where the three justices agreed with his contention that there were facts that needed to be considered.

It took a lot of persistence and patience as the case dragged on and the victim worried about medical bills and treatments. When the case went back to the Circuit Court, the defendant’s insurance company suggested the parties work with a mediator to resolve the matter. Pekin Insurance eventually settled the claim for $80,000.

It took over five years and a mountain of paperwork, court appearances and court documents to complete the case. The important thing is that the client would have received nothing if Abel did not pursue the case after the insurance company denied the claim.

Like we said, we take the protection of our clients’ interests very seriously.

* Stokes-Adams syndrome is a heart disorder characterized by dizziness, labored breathing and fainting.

If you have been injured in an automobile, truck or motorcycle accident, do not hesitate to call our office for a free consultation. Calling 800-227-6699 will put you in touch with a law firm with over 38 years experience and caring for clients.