Columbus Ohio Car Accident Lawyer

Farmers Insurance $140,000 Class Action

2012-01-27T08:50:00.001-08:00

Farmers Insurance has settled a class action lawsuit for close to $140,000,000 for mishandling claims made by hundreds of people injured in car crashes. Because of its claims adjustment procedures, Farmers either didn’t pay at all, or didn’t pay everything it should have paid, on personal injury protection (PIP) and medical payment claims filed for medical services needed by people injured in car accidents.
The claims in question were filed from January 2001 to early February 2009. The case recently settled according to court documents (PDF). Under the settlement, claimants are entitled to 60 percent of the difference between the amount of the medical bills submitted to Farmers and the amount paid by Farmers. If you think you’re covered by the settlement and haven’t received the paperwork in the mail, you can get a claim form online.
Farmers says it settled the suit ”to avoid the burden and expense of continued litigation.” There’s speculation that Farmers settled to avoid a blockbuster jury award. Given the nationwide reach and eight-year claims period involved in the suit, who knows how much a jury could have awarded the class?
This is especially relevant when you consider Farmers’ previous experience with class action lawsuits over its PIP coverage. Earlier this year, a jury ordered Farmers to pay about $9 million on claims that it underpaid PIP claims, again, because of the process it used to determine how much to pay.

AAA Urges Families to Prepare for the "Silver Tsunami" of Aging Drivers

2011-12-19T07:01:00.000-08:00

The first wave of America's baby boomers turning 65 this year will be driving the "silver tsunami" says the American Automobile Association (AAA). According to the U.S. Census Bureau, this segment of the population will increase by 75 percent over the next two decades. Research has shown that people today live an average of about 7-10 years beyond their safe driving ability. To aid aging drivers and their families weather the predicted forecast, AAA is helping promote Older Driver Safety Awareness Week to help get the conversation started.

"In less than 10 years, one in four licensed drivers will be age 65 and older, which means that millions of American families will be working through this challenge," said Jake Nelson, director, AAA Traffic Safety Advocacy and Research. "Most families don't know where to turn for help so by partnering with the American Occupational Therapists Association (AOTA) during Older Driver Safety Awareness Week, AAA hopes to raise visibility of resources and tools that will help families address real and perceived challenges associated with driving and aging."

AAA's senior driver safety and mobility website SeniorDriving.AAA.com provides expert advice and research-based tools for senior drivers and their families. Tools on the site are designed to aid in prompting conversations, assessing abilities and improving the comfort and safety of older drivers.

Conversations about safe driving can evoke strong emotional reactions as concerns about personal independence and managing other day-to-day activities may come into question. AAA encourages seniors and their families to approach these sensitive conversations as opportunities for constructive communication and problem solving.

Regal Cinemas and Outcast PumpTop TV to Air PSAs Across the Country

2011-12-06T07:09:00.000-08:00

The U.S. Department of Transportation today unveiled "OMG," a new public service announcement (PSA) to warn teenagers against the dangers of distracted driving. The PSA is available on the newly redesigned Distraction.gov website, along with new materials designed especially for young drivers. The PSA will air nationwide on Regal Cinema theater screens this week and on gas station pump-top screens owned by Outcast PumpTop TV throughout the month of December.
"Teen drivers are particularly vulnerable to distracted driving, which is why we are making an extra effort to ensure they understand the dangers," said Transportation Secretary Ray LaHood. "Thanks to the help of Regal Cinemas and Outcast, we're reaching teens directly — whether they're at the movies or filling up their tanks — to emphasize the importance of keeping their eyes on the road, their hands on the wheel, and their focus on driving at all times."
With the holiday driving season under way and young drivers preparing to take to the roadways during their winter vacations, the new PSA is designed to reach teenagers using imagery that relates to popular shorthand text messages such as "L8R" for "later" or "LOL" for "laugh out loud."
Two versions of the PSA will air. A version geared toward a teenage audience will run exclusively on 6,589 movie screens in 526 cinemas across the country that are owned and operated by Regal Entertainment Group. A more somber version will air on the 12,000 screens that top pumps at high traffic gas stations across the United States operated by Outcast PumpTop TV. Both versions of the PSA are available for viewing on DOT's redesigned website, www.Distraction.gov.
"Regal Entertainment Group is pleased to support the Department of Transportation's public service campaign to create awareness of many driver distractions and to encourage safe driving habits," stated Greg Dunn, President and COO of Regal Entertainment Group. "We hope that together we can make a difference by programming the 'Distracted Driving' PSA in our theaters across the country during this busy holiday season."
"We are proud to work with Secretary LaHood and DOT to help raise awareness for this lifesaving campaign by reaching drivers with a relevant reminder about texting and talking while driving," said Nathan Gill at Outcast's PumpTop TV. "We want to ensure that our busy, on-the-go audience has access to important information that can help save lives, and there is no better time to be reminded of this vital message than during those five minutes our viewers are stopped at the pump."
"Today's teenagers make no secret about the fact that they want to stay connected to their social networks and enjoy text messaging. That's why it's so important that we educate young drivers of the dangers of distracted driving and help them make smart decisions that will keep them safe during the holiday season and beyond," said NHTSA Administrator David Strickland.
In 2009, Secretary LaHood launched a national anti-distracted driving campaign to combat the growing trend toward this dangerous behavior, including a dedicated website to provide the public with a comprehensive source of information on the issue. Since then, DOT has also hosted two national summits devoted to reducing distracted driving, crafted sample legislation which states can use to adopt distracted driving laws, and initiated pilot law enforcement programs in Hartford, Conn., and Syracuse, N.Y., modeled after the Department's successful efforts to increase seatbelt use and curb drunk driving.
Currently 35 states, the District of Columbia, and Guam have banned text messaging by all drivers. Nine states, the District of Columbia, and the Virgin Islands have prohibited all hand-held cell phone use while driving.

Car Accidents and Military Veterans

2011-11-01T09:09:00.000-07:00

Traffic accidents are the leading cause of death for military personnel in their first year home from the war, according to Karen Cutright, a program manager for the Veterans Administration who runs clinics for Iraq and Afghanistan veterans. More veterans die from car accidents than from suicide, a different kind of tragedy that has gotten more headlines.

Government officials are worried about the number of young veterans getting into fatal car accidents after they return home from the battlefield. The ones dying most often tend to be young, unmarried males. They tend to come from the infantry ranks, or on gun crews or in seamanship roles.

Iraq and Afghanistan veterans are 75% more likely to die in car accidents than the general population. Historically, veterans have had increased fatalities following their service. Vietnam vets were twice as likely to die in crashes than non-veterans, and Gulf War veterans had a 30% to 50% greater risk of dying in crashes.

Why they are risky drivers

Medford said NHTSA and the Department of Veterans Affairs were disturbed to discover that a lot of the deaths were due to some risky behavior by the driver – speeding, alcohol, not wearing seat belts, or not wearing motorcycle helmets.

"The bottom line is, these men and women are taught to drive in Iraq and Afghanistan like madmen," said Chuck DeWeese, assistant commissioner of the New York State Governor's Traffic Safety Committee in Albany, N.Y.

While at war, soldiers are trained to look for anything that could be a bomb laying at the side of the road. They could be hidden in animal carcasses or garbage bags. Merging cars could be filled with bombs ready to blow up a tank.

A 2009 Army study showed that while deployed, 50% of soldiers said they were anxious when other cars approached quickly, 23% had driven through stop signs, and 20% were anxious during normal driving.

"When they come back, driving is hard," said DeWeese. "They think they're invincible. They've gone through combat, they think they can live through anything."

Aggressive driving in young soldiers is just one cause of dangerous driving among veterans, Cutright said. Post-traumatic stress disorder and traumatic brain injuries could also result in erratic driving, as can medication and self-medicating (using alcohol and illegal drugs) to cope with symptoms. And there is no check to see if the vets should be driving their own car when they get back. Their license is, of course, still valid.

Cell phone study finds no cancer link, but how about kids' risk?

2011-10-24T08:52:00.000-07:00

Cell phone users have something new to yak about: the biggest study ever of cell phones found no evidence whatever that even long-term use of the devices causes brain cancer.

The Danish study of more than 350,000 people showed that there was no difference in cancer rates between people who had used cell phones for more than a decade and people who hadn't.

The findings come less than six months after the International Agency for Research on Cancer called cell phones "possibly carcinogenic." That position grew out of a study of more than 14,000 people that showed a hint of a link between very heavy cell phone use and glioma, a rare but often deadly brain tumor.

In the new research, published online Thursday in the journal BMJ, researchers updated a previous study examining 358,403 cellphone users age 30 and over from 1990 to 2007. Cancer rates in people who used cell phones for about 10 years were similar to rates in people without a cell phone. Cell phone users were also no more likely to get a tumor in the part of the brain closest to where phones are usually held against the head.

Is this the last word on cell phone safety? Probably not.

"This is encouraging news, but it doesn't mean we're at the end of the road," said Hazel Nunn, head of Health Evidence and Information at Cancer Research U.K., which wasn't involved in the study.
Others disputed the study's findings. The advocacy group MobileWise, which believes cell phones pose a health risk, said the study wasn't long enough to gauge long-term risk, since brain tumors can take decades to form.

Nunn agreed that studies with longer-term data were needed and that there was little information on risk to children from cell phones.

The bottom line for now? Nunn said that except perhaps for limiting kids' use of cell phone, there was no need for cell phone users to change their habits based on the current evidence. As she put it, ""There are a lot more worrying things in the world than mobile phones."

Texting While Driving Even Worse Than Previously Thought, Study Finds

2011-10-19T12:55:00.000-07:00

There’s no serious dispute that texting while driving leads to crashes that get a lot of people hurt and killed. But, as The Associated Press reports, new research has found that the distraction of texting undermines the performance of drivers even more than previously thought.

The study, by the Texas Transportation Institute, monitored 42 drivers on an 11-mile test-track driving course. The research team watched how quickly the motorists responded to a flashing yellow light when they were focusing exclusively on their driving versus when they were texting behind the wheel.

According to the researchers, texting more than doubled driver reaction times. Reactions that ordinarily took one to two seconds instead took three to four seconds when someone was texting. And it made very little difference if a driver was composing a message or reading one.

What’s more, drivers who were texting were 11 times more likely to altogether miss the flashing light.

For a driver cruising at 60 mph, two extra seconds of reaction time means it takes 176 more feet to stop or maneuver the car.

Or, as U.S. Transportation Secretary Ray LaHood said in a statement responding to the study: “If you look down to text for just a few seconds at 55 miles per hour, your car travels the length of a football field while you’re not looking at the road. Texting and talking on the phone while driving can be deadly, and drivers have a responsibility to put away these distracting devices every time they get behind the wheel.”

According to the Governors Highway Safety Association, 34 states have adopted bans on texting while driving. Still, 35 percent of drivers said they have read or sent a text message while driving in the last month, according to a survey released this week by the American Automobile Association Foundation for Traffic Safety.

The new assessments come while automakers, as FairWarning reported last month, are running publicity campaigns urging drivers to avoid distractions such as texting behind the wheel. At the same time, however, FairWarning pointed out that the same car companies are seeking to pump up sales by packing their new models with cutting-edge infotainment systems that encourage multi-tasking, including texting, behind the wheel.

Federal authorities estimate that distracted driving caused 5,474 deaths in 2009, including 995 from using cellphones, although the precise number from texting isn’t clear.

Source:
http://www.fairwarning.org/2011/10/texting-while-driving-even-worse-than-previously-thought-study-finds/

Four Loko agrees to change labeling

2011-10-13T08:36:00.001-07:00

The makers of the alcoholic drink Four Loko have agreed to change its labeling and packaging to settle Federal Trade Commission charges of deceptive advertising.

The FTC says Phusion Projects falsely claimed that a 23.5-ounce can of Four Loko, at 11 or 12 percent alcohol, had the same amount of alcohol as one or two typical 12-ounce beers and a consumer could drink a whole Four Loko safely in its entirety on a single occasion.

Actually, according to the FTC, a 23.5-ounce Four Loko contains about as much alcohol as four or five 12-ounce cans of regular beer and is not safe to drink in a single sitting.

Four Loko's label already disclosed the percentage of alcohol in the drink. The new labels will name the amount of alcohol a can of Four Loko contains and compare it to the amount in regular beer. So a 23.5-ounce can of Four Loko that's 12 percent alcohol by volume will now carry a label that states, "This can has as much alcohol as 4 regular (12 oz. 5 percent alc/vol) beers."

Chicago-based Phusion will also have to package the drink in resealable containers.

Phusion Projects took caffeine out of Four Loko last November after the product became a target of consumer groups and regulators.

More information visit http://www.forbes.com/feeds/ap/2011/10/03/general-us-four-loko_8714054.html

No-texting-while-driving bill currently before Ohio Senate

2011-10-05T09:15:00.000-07:00

Ohio House Bill 99 bans texting while driving and will become law if it passes the Ohio Senate and is signed by Gov. John Kasich. Thirty-four other states have already enacted such legislation , based on strong and sobering empirical evidence that many thousands of fatal car accidents are caused in the United States each year by people texting, reading or otherwise being distracted while driving.

Representative Nancy Garland, D-New Albany, while speaking in support of the law at a recent rally, said that, "Drivers who text take their eyes off the road for 4.6 seconds in a 6-second period." At 55 miles per hour, she notes that being distracted for that amount of time is like driving the length of a football field without even looking at the road.

The proposed bill prohibits writing and sending a text message on any type of mobile communication device. The violation would be a primary traffic offense. If the bill passes, it provides for a six-month warning period. After that period elapses, drivers caught texting would pay a fine of $150.

Resource: "Ban texting and driving in Ohio, and begin saving lives" Sept. 28, 2011

John Hopkins Introduced A New Program to Help Reduce Medical Errors

2011-10-03T07:27:00.000-07:00

Johns Hopkins has introduced a new program that is helping to reduce medical errors. The "Good Catch Awards" program encourages and rewards medical professionals for reporting possibly hazardous situations that could possibly result in medical malpractice. The basis of the program is that medication errors, surgical errors and the like are caused by a faulty system and rarely fall on one person alone.

Since Johns Hopkins has implemented the program, the number of reports received by the Patient Safety Network has increased dramatically. A resident anesthesiologist at Johns Hopkins, Dr. Justin Hamrick, reported that the majority of the incidents were those that avoided any harm to patients but potentially could have. Researchers have defined these as "near misses."

The whole objective of the program is to identify problems and not lay blame. This includes reporting faulty machinery or making sure it is positioned correctly, safety checks in medications, or making sure the proper warning label is on a prescription. When clinicians report a problem, they win a "Good Catch Award" and are professionally recognized on the wall-boards in the surgical suite.

The president of the Anesthesia Patient Safety Foundation, Dr. Robert Stoelting, supports the program, stating that it is a step in the right direction in supporting health care facility safety. However, he doesn't believe it actually does anything to fundamentally correct the problems. Stoelting believes creating a national database for clinicians to report every problem would be a bigger step towards solving these issues.

Related Resource: Anesthesiology News, "Program Encourages Reporting Accidents Waiting to Happen" Sept. 2011 Issue

Accident Plaintiff Sought Supreme Courts Review

2011-09-29T08:01:00.001-07:00

It is not often that the details underlying a car accident in Ohio are evaluated and ruled upon at every level of the state's court system.

Most car crashes, though, don't involve issues of a municipality's sovereign immunity, the distinction between a police officer's arrest authority versus professional duty to respond to a call for help, or close legal interpretation of state statutory law.

Those factors pushed the civil lawsuit filed by a person injured in a crash with a police cruiser through successive rungs of the state's judicial ladder, culminating recently in a ruling by the Ohio Supreme Court.

The central facts in the accident are easily told. A Clinton Township police officer responded to a radio call from a Franklin County deputy seeking assistance in a traffic matter. While en route, he collided with another car, injuring a female passenger. She filed suit seeking recovery form Clinton Township.

The trial court ruled against her, citing state law that grants immunity to a township and police officer when the latter is responding to a call for assistance.

She appealed, but a state appellate court reached the same result.

Not satisfied, the plaintiff sought Supreme Court review, arguing that immunity does not attach where there is no mutual-aid agreement between municipalities. She alleged that the officer had no professional duty to respond to a call for help from another jurisdiction and, moreover, no arrest powers outside his jurisdiction.

The Court disagreed, affirming the appellate court's ruling. Its written opinion stated that an officer's lack of arrest powers does not play into his or her professional obligation to respond to another officer's call for help, regardless if that call comes from outside the officer's jurisdiction.

The Court additionally held that state statutes "by their clear terms grant immunity to a political subdivision when an officer is responding to a call to duty."

Related Resource: Insurance Journal, "Ohio Supreme Court: Township not Liable for Officer's Out-of-Jurisdiction Crash" Sept. 20, 2011

Couple Awarded $2 Million in Medical Malpractice Case

2010-12-27T06:31:00.000-08:00

A jury recently ruled in favor of a couple in a medical malpractice suit and awarded them nearly $2 million in damages to be paid by St. Vincent Hospital. The medical malpractice suit claimed that the misdiagnosis of several strokes that the husband suffered in 2004 and the delay in treatment for cancer at the hospital, led to legal blindness and her husband's inability to walk.

The wife expressed to local media following the ruling that she was pleased with the outcome but "no amount of money will cure her husband, who is unable to live at their home." The couple has been married for 38 years and she brings her husband home for special events now. However, due to his condition, he has "missed his eldest son's wedding, and her two other children, a daughter and another son."

Reduce IRS Penalties

2010-12-14T17:13:00.001-08:00

If you fail to pay your back taxes, it can result in IRS penalties, and in turn interest that can compound over years and make your tax debt substantially larger than it initially was. Non-payment of this debt can then result in even more IRS penalties and interest, a levy on your wages or bank account, a lien against your property, or even a seizure of your assets.

IRS penalties can be applied for filing your tax return late or for paying your due tax late. The IRS penalty for filing late is generally 5 percent each month, or partial month, and can be up to 25 percent of the amount due on your tax return.

The IRS penalty for paying late is 0.5 percent per month, up to 25 percent of the unpaid amount that is due.

There are some situations and circumstances in which you can have your IRS penalties abated or eradicated either partially or in full for one tax year or multiple tax years. To submit this abatement request to the IRS, a taxpayer must have reasonable cause that is specific for each year and must be able to explain why the penalties should be removed.

In fact, there are six main reasons the IRS will accept for an abatement of IRS penalties. They include:

Death or serious illness of the taxpayer or member of his/her immediate family. In the case of a corporation, estate, trust, etc., the death or serious illness must have been of an individual having sole authority to execute the return or make the deposit or payment or a member of such individual's immediate family.
In the case of the unavoidable absence of the taxpayer, a corporation, estate, trust, etc., the absence must have been of an individual having sole authority to execute the return or make the deposit or payment.
Destruction by fire or other casualty of the taxpayer's place of business or business records.
The taxpayer was unable to determine amount of deposit or tax due for reasons beyond the taxpayer's control. However, this cause will be acceptable for taxpayer's required to make deposits or payments of trust fund taxes only when the taxpayer was unable to have access to his/her own records.
The facts indicate that the taxpayer's ability to make deposits or payments has been materially impaired by civil disturbances.
Lack of funds is an acceptable reasonable cause for failure to pay any tax or make a deposit under the Federal Tax Deposit System only when a taxpayer can demonstrate the lack of funds occurred despite the exercise of ordinary business care and prudence.

What you should know before preparing an Offer in Compromise

2010-12-14T17:06:00.000-08:00

You owe the IRS. You can’t afford to pay the IRS. You’re in a bind.

The good news is you may qualify for the Offer in Compromise program through the IRS.

What is an Offer in Compromise?

An Offer in Compromise is an agreement between the taxpayer and the IRS that resolves the taxpayer’s debt for less than what is actually owed. Yes, the IRS does have the authority to “compromise” or settle tax liabilities, under certain financial circumstances. The most common circumstance is when it is unlikely the taxpayer will ever be able to pay the liability in full, and the amount offered reflects what the taxpayer can realistically pay.

The Offer in Compromise is a win-win situation for all involved – the taxpayer and the IRS. The taxpayer can finally breathe a sigh of relief knowing their tax debt has been taken care of. The IRS can find relief in knowing, in more cases than not, they collected more on the debt with an Offer in Compromise than they would have without it. Also, the taxpayer is more likely to stay in compliance when it comes to filing and paying future taxes as part of the condition of the Offer in Compromise agreement.

In fact, according to the Taxpayer Advocate Service 2007 Annual Report to Congress, the IRS collected 17 cents for every $1 owed through accepted Offers in Compromise in fiscal year 2007. In the past, IRS research shows they collected on 13 cents for every $1 owed on two-year-old debts and virtually nothing on debts three or more years old.

Medical Device Legislation

2010-08-25T16:05:00.000-07:00

As some of you know, the U.S. Supreme Court recently made it all but impossible to pursue claims against the makers of medical devices. The decision has slammed shut the courthouse doors and allowed the manufacturers to continue making harmful devices without any worry about taking responsibility for the dangerous products they make.

There is pending federal legislation to help individuals who have been injured by medical devices. This proposed legislation is known as the Medical Device Safety Act of 2009 (“MDSA”) and it was introduced over a year ago. As of the date of this newsletter, neither the House of Representatives version, nor the Senate version of the MDSA has been passed. Without approval of the MDSA, it will be very difficult to defeat any corporation making harmful devices including Medtronics. Please, please contact your Congressman and both U.S. senators and ask them to support the Medical Safety Act of 2009. If ordinary people do not make the contact, this legislation will die along with the people using the defective devices.

Visit www.senate.gov or www.writerep.house.gov to contact your senators and congressmen.

What can I do to protect my Offer in Compromise from being revoked?

2010-08-04T06:44:00.000-07:00

If your Offer in Compromise has been approved, you need to make sure the IRS does not revoke your Offer. At all costs, make sure that you:
•File your taxes on-time for the next five years.
•If you cannot file by April 15th, request an automatic extension. Definitely file your taxes by the extension deadline.
•Pay your taxes on-time. If you owe, your taxes must be paid in full by April 15th. Make estimated payments or extension payments to make sure you don't have a balance due.
If the IRS revokes your Offer in Compromise, they will reinstate the full amount of your tax liability, add on penalties and interest, and begin aggressive collection efforts.

Three Types of Offer In Compromises

2010-08-03T05:08:00.000-07:00

The IRS may accept an offer in compromise based on three grounds:

1. Doubt as to Collectibility - Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.

Example: A taxpayer owes $20,000 for unpaid tax liabilities and agrees that the tax she owes is correct. The taxpayer’s monthly income does not meet her necessary living expenses. She does not own any real property and does not have the ability to fully pay the liability now or through monthly installment payments.

2. Doubt as to Liability - A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include: (1) the examiner made a mistake interpreting the law, (2) the examiner failed to consider the taxpayer’s evidence or (3) the taxpayer has new evidence.

Example: The taxpayer was vice president of a corporation from 2004-2005. In 2006, the corporation accrued unpaid payroll taxes and the taxpayer was assessed a trust fund recovery penalty as a responsible party of the corporation. The taxpayer was no longer a corporate officer and had resigned from the corporation on 12/31/2005. Since the taxpayer had resigned prior to the payroll taxes accruing and was not contacted prior to the assessment, there is legitimate doubt that the assessed tax liability is correct.

3. Effective Tax Administration - There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.

Example: Mr. & Mrs. Taxpayer have assets sufficient to satisfy the tax liability and provide full time care and assistance to a dependent child, who has a serious long-term illness. It is expected that Mr. and Mrs. Taxpayer will need to use the equity in assets to provide for adequate basic living expenses and medical care for the child. There is no doubt that the tax is correct.

What is Offers In Compromise?

2010-07-26T14:33:00.000-07:00

In a nutshell, an offer in compromise is a taxpayer’s offer made to compromise and settle a delinquent tax liability. The amount the IRS is willing to accept in settlement is the cash equivalent of what the IRS could collect by levy or other seizure of the taxpayer’s income and assets, over a certain period of time. The IRS refers to this as the taxpayer's realizable collection potential. The offer of settlement may be made on the ground that the taxpayer does not have the financial ability to pay the fullliability, or there is doubt about the taxpayer's legal liability to pay the claim, or where under the circumstances it would be unfair to force the taxpayer to pay the claim. Recent amendments to the key IRS Code section authorizing compromises have imposed some new requirements to the offer process.

Law IRC §7122: The new law contains the following requirements for submission of an OIC:

• The taxpayer must pay 20% of the OIC at the time a lump-sum OIC application is submitted to the IRS for approval. The term “lump-sum OIC” means any offer of payments made in five or fewer installments.
• The taxpayer must pay the first proposed installment at the time a periodic payment OIC application is submitted to the IRS for approval.
• The taxpayer must continue to make the proposed installments of a periodic payment OIC during the time period the OIC is being evaluated by the IRS for approval. Any failure to make an installment during this period may be considered a withdrawal of the OIC.
• The application of any payment made under the above rules with respect to the tax liability may be specified by the taxpayer.
• The tax liability which is the subject of the OIC is reduced by any user fee
imposed with respect to the OIC.
• The IRS may issue regulations waiving the required payment rules above in a manner consistent with the practices established under Section 7122(d)(3).
• Any OIC which does not meet these new requirements may be returned to
the taxpayer as unprocessable.
• Any OIC submitted will be deemed to be accepted by the IRS if the OIC is not rejected by the IRS within 24 months after the date the OIC was submitted.
These new rules are effective for OICs submitted on and after July 16, 2006.

KEY BENEFITS: An offer in Compromise deemed processable by the IRS halts levy and other tax collection seizures during the time the offer is under consideration. Where this remedy applies, it is a good way to get the taxpayer a fresh-start; the IRS accepts a presumably small amount of money and forgets the rest. In some cases it can be said this remedy literally settles a huge tax debt for “pennies on the dollar,” although settlements that good are rare. A caveat is that the taxpayer is on a kind of “probation” for 5 years following the acceptance of the offer, during which the taxpayer must file all tax returns timely and pay the taxes due. Default may result in retraction of the agreement and demand for full payment.

Dealing with another driver's insurer when a crash is not your fault

2010-07-21T05:57:00.000-07:00

Dealing with your car insurance company after a car crash can be a time-consuming hassle. Now imagine what it's like to deal with the insurance company of the person who crashed into your car. Here are some tips to ensure you maintain your cool — and your sanity — when making a claim with an at-fault person's insurer.

The driver that crashes into your car is responsible for reporting the accident to his or her car insurance company. However, it's a good idea for you to contact their insurer as well. Motorists who cause accidents are often reluctant to report them. So, it is important to obtain the most complete information from the at-fault person at the scene of the accident: insurance company name, claims phone number, address and even the insurance agent's name.

You should then inform the other person's insurer that you have been involved in a crash with one of its policyholders and disclose your property damages or injuries. Also, relay only the facts of the accident, even if you believe the other driver to be at fault. The police will ultimately determine who is at fault and the insurer will make its determination of fault based on the police recommendation, your commentary notwithstanding.

Although you may feel that you have not caused the accident, you should contact your insurance company anyway. This establishes your good-faith accident-reporting effort and can aid you if the other party's insurer denies responsibility for the accident.

What to do after an auto accident?

2010-07-20T14:21:00.000-07:00

Auto Accidents are unexpected and stressful. Even the most careful drivers may be involved.
Prepare the trunk of your car for a possible accident as well by making sure you have a set of cones, warning triangles or emergency flares. Make sure you also have:

•A pen
•A card with relevant medical information for you and your family.
What to do after an auto accident:
1.Stay as calm as possible.
2.Check for injuries. Life and health are more important than damage to vehicles. When in doubt, call an ambulance.
3.If the accident is minor and there are no serious injuries, move cars to a safe place, rather than risk being in moving traffic.
4.Turn on hazard lights. If warranted, and possible, use cones, warning triangles or flares for safety.
5.Call the police, even if the accident is minor.
6.Notify your insurance agent about the accident immediately.
7.Don't sign any document unless it is for the police or your insurance agent
8.Make immediate notes about the accident including the specific damages to all vehicles involved. Use the form below as a guide. If the name on the auto registration and/or insurance policy is different from the name of the driver, establish the relationship and jot it down. Get witness information, if possible, as well.
9.Be polite, but don't tell the other drivers or the police that the accident was your fault, even if you think it was. Likewise, do not accuse the other drivers of being at fault at this time. Everyone is usually shaken up immediately after an accident, and it is wise to state only the facts. Limit your discussion of the accident to the insurance agent and the police. Even if the facts are embarrassing or detrimental to you, be truthful.
10.If you have a camera handy, and it is safe to do so, it may be helpful to photograph the accident scene.
11.If possible, do not leave the accident scene before the police officers and other drivers do.
12.Finally, remember that while getting the facts is very important, investigating the accident should be left to the police officers and the insurance companies.

IRS Offer in Compromise

2010-07-17T11:22:00.000-07:00

In our opinion, the IRS Offer in Compromise program is one of the best tax resolution tools available to taxpayers. The Offer in Compromise program allows taxpayers to settle their taxes for less, or often much less than you owe (or what the government claims you owe). Recent tax legislation has given new hope to taxpayers who were disqualified by the old Offer in Compromise procedures.

visit www.bressmanlaw.com for more details.

20% of All Car Accidents Occur in Parking Lots

2010-07-07T07:02:00.000-07:00

One of every five auto accidents occurs in a parking lot, according to the Independent Insurance Agents Association. That total does not include all of the small nicks and dents that usually go unreported.

Parking lot crashes often occur at low speeds, but they still can lead to expensive repairs and higher insurance premiums. Worse, sometimes pedestrians and drivers are injured.

To minimize your parking lot risks….

Park away from busy areas. Most drivers crowd into spaces closest to the store entrances, leaving other sections of parking lots virtually empty. Your vehicle is much less likely to be bumped or dinged – and you will have better visibility when you pull out.

Look where you are going. Distracted driving is responsible for many parking lot accidents. We think we see an empty spot in the next row and this momentary distraction is all it takes.

Completely clear fogged or snow covered windows and windshields. There is a tendency to rush out of parking lots, but driving with partially blocked windows greatly increases the odds of having a collision.

Do not trust your mirrors. Rearview mirrors do not provide a full picture of what’s happening behind your car. Today’s high tech back up systems do not detect everything either. You need to move your head to see everything going on before backing up.

Look for two empty parking spaces, one behind the other, and pull through to the one in front so that you do not have to back up when it is time to pull out.

Avoid danger zones. Skip spots next to big vans or SUVs if you are in a small vehicle – you will have a hard time seeing past these vehicles when it is time to pull out.

Turn on your headlights, even in daylight. Headlights warn pedestrians and other drivers that your vehicle will soon pull out.

These are just a few tips to improve your odds during your next visit to the parking lot!

Top Ten 4th of July Driving Tips

2010-07-01T11:15:00.000-07:00

With July 3rd and July 4th being two of the deadliest days to drive, Insurance.com offers these Top Ten 4th of July Driving Tips.
1. Check your tires. The last thing you want is your own "fireworks display" while on the highway. Check your tire pressure before you leave for a road trip. Low tire levels can potentially reduce fuel efficiency, as well as being a safety issue.
2. Make sure your battery has enough juice. If it has been a few years since you replaced your car battery, you might want to do so before you leave on your 4th of July vacation. It is better to be safe than sorry when you are traveling far from home. If your battery is old, toss the jumper cables in the trunk before you leave.
3. Turn on your lights. Check your headlights, tail lights and turn signals before you start a trip. To ensure everything is working properly, have a friend walk around the car while you test the car lights and signals from the inside.
4. Pack a first aid kit and roadside assistance kit. While you're at it, consider packing a cooler of water, a flash light, non-perishable food and extra batteries. Make sure your cell phone has enough charge, and bring your phone's charger or extra battery along – just in case.
5. Don't drink and drive. Whether you are at a cook-out close to home or traveling to see fireworks, drinking and driving don't mix. Play it safe this 4th of July with a designated driver or call for a cab.
6. Buckle Up. Wearing seatbelts every time you drive is the easiest way to help keep you and your family safe in the event of an accident. If you are traveling with small children, make sure they are in a proper car or booster seat for their age group and height.
7. Watch your speed. State and local police officers will be out in full force during the 4th of July week. So watch the local speed limits and keep a safe distance from the cars in front of you. A speeding ticket can mean points on your driver's license and a potential increase in your auto insurance rate.
8. Don't let rain ruin your trip. Check the weather before you leave and during your trip. If you do get caught in a torrential downpour, pull off to the side of the road until the rain stops. And never drive through a flooded area. Try to find an alternative route – a slight delay beats being stranded in a flooded car.
9. Think twice about fireworks at home. Even sparklers are dangerous and unpredictable when kids light them. While your home insurance may cover injuries, we suggest leaving fireworks to the pros.
10. Pack proof of car insurance. Whether you are traveling close to home or out-of-state, you should always have your proof of car insurance in your wallet or glove box. If you don't have a cell phone or other portable device that takes pictures and video, it's a good idea to keep a disposable camera, note pad and pen in your car, just in case an accident occurs.

How Do You Know If You Need A Lawyer?

2010-06-30T05:25:00.000-07:00

There are many types of legal issues that might require a lawyer's help. You may consider hiring a lawyer if you have suffered an injury, have been injured in an accident, are thinking about starting a business, or have any IRS issues. Lawyers can help with legal problems after they come up -- after a car accident, for example -- but in other instances, consulting a lawyer before a legal issue arises can help you anticipate and prevent serious legal problems.

Visit www.bressmanlaw.com for more information.

TRAUMATIC BRAIN INJURY

2010-06-21T05:19:00.000-07:00

When a physical force damages the brain, it's known as a traumatic brain injury.

In the United States, it’s estimated that 1.5 million people will sustain a Traumatic Brain Injury each year.

Traumatic brain injury is caused by a sudden blow to the head; either the head strikes an object, or an object strikes the head. And what it does is, it causes the brain to actually shift within the skull. And that shifting motion causes injury to the brain, either by bruising or by tearing small blood vessels.

Both open and closed head injuries can cause severe brain damage, resulting in the need for immediate medical attention.

To learn more visit www.bressmanlaw.com

Material on Brain Injury Too Hard to Understand?

2010-06-16T06:26:00.000-07:00

Nearly all of the survivors of a traumatic head injury and their families with whom I have worked have had one complaint: There is nothing written that explains head injury in clear, easy to understand language. Most say the available material is too medical or too difficult to read. visit www.bressmanlaw.com for more information.

Computerized Testing

2010-06-14T17:32:00.000-07:00

Neuropsychological testing is essential to the evaluation of patients with brain injury, but brain injuries do not always occur when neuropsychologists are nearby. The sheer numbers of brain injuries, especially concussions, have inclined clinicians and policymakers towards the use of computerized neurocognitive testing (CNT) . Professional sports teams, university athletic programs and the armed forces of many nations have begun to use CNT as a way to manage the extraordinary number of people with brain injuries.

Choosing Your Childs Camp Checklist

2010-06-10T12:55:00.000-07:00

Choosing the right summer camp for your child can be a challenging and sometimes overwhelming task. Since there are a seemingly endless variety of choices to consider, matching the ideal camp to your child's interests, personality, and busy schedule can be daunting. Furthermore, as a parent, you have the responsibility of ensuring the camp you choose for your child is operated in a safe and appropriate manner for your child's age and skill levels.

The following is a camp selection checklist for parents to consider when considering summer camp opportunities for their kids:

1. Identify the camp's program emphasis.
2. Confirm that the camp is accredited by the American Camp Association.
3. Ask about the camp director's background.
4. Camper-to-counselor ratios.
5. Inquire about camp staff: Your child's counselors can make or break a child's camp experience.
6. Accommodation of special needs.
7. Find out about how the camp handles discipline.
8. Check the camp's references.

Good luck choosing a camp and have a great summer!

Teen Driving Safety

2010-06-09T05:38:00.000-07:00

Vehicle crashes are the leading cause of death and injury for U.S. teens between the ages of 15-19. The death toll is equivalent to about 17 deaths per day for people involved in teen driver crashes. For teens, the likelihood of being in a crash is at a lifetime high in the first 12 months and 1,000 miles of driving. Gradually introducing novice drivers to the traffic environment in phases, also known as Graduated Driver Licensing, has been proven to reduce crash risk and save lives. But, parents also play a key role in changing this trend.

June National Safety Month

2010-06-08T04:51:00.000-07:00

Each June, the National Safety Council sponsors National Safety Month. There are so many differnt aspects to being safe and living healthy lifestyles, that we all too often forget or do not take into account. This year let's all make a difference!

Why are there no seat belts on school buses?

2010-06-04T04:58:00.000-07:00

History:

Thirty-five years ago in California, UCLA engineers performed a series of classic school bus crash studies, which determined that the major cause for injury in school bus accidents was the inadequacy of school bus seats. They prposed “compartmentalization” of the child occupants between high-back, well-padded and well-anchored seats capable of absorbing crash forces with large aisle side panels to contain riders. A lap belt was recommended to provide substantial additional protection.

Ten years later, in response to a Congressional mandate, NHTSA promulgated Federal Motor Vehicle Standard 222 that provided for some of the proposed features. The 222 seat was better anchored, padded and designed for energy absorbing and was 4 inches higher than seats then in use.

When Standard 222 was implemented, children who were to ride on large school buses manufactured after that date, were promised, and subsequently have relied on, being safely compartmentalized between high-back, well-padded and anchored seats for crash protection. Since that time, agencies, departments and representatives of Federal, State and Local governments, school district officials, school bus manufacturers, pupil transportation directors, and the operators of school buses have confidently and persistently assured parents and children that compartmentalization provided the optimal school bus safety system by containing the child passengers within their seating compartment during accidents. Officials insisted that because of compartmentalization, crash forces would be effectively attenuated by the padded surroundings and injuries and fatalities would be mitigated. Parents and their children have accepted and placed their trust in this advice advanced by these transportation officials. (See attached 23 YEARS OF INSTITUTIONAL DISINFORMATION)

Unfortunately, the standard fell far short of the UCLA findings. NHTSA failed to include the all-important compartmentalizing side panel, and the lap belt; seat back height increase was eight inches lower than the engineers had recommended. As a result “compartmentalization” was significantly compromised, working fairly well for front-end crashes but providing no passenger protection in side impacts and bus rollovers.

Understand Rental Car Insurance.

2010-06-01T05:17:00.000-07:00

If you're renting a car, you'll be asked whether you want their "insurance," and you could be wasting money if you say yes. First, find out if you're already covered. Many companies extend your policy's coverage to include rental cars, and your credit card company may cover damage to the car itself.

Graduation Parties

2010-05-24T06:12:00.000-07:00

Each year we read about a story of a High School Graduation Party gone bad that involved teenage drinking. Make sure your child knows what to do if teenage drinking becomes a factor at a party they are attending!

How many teens ride in the car with your son or daughter?

2010-05-17T05:58:00.000-07:00

Probationary driver license holders 16 years of age are not be permitted to
operate a motor vehicle with more than one person who is not a family
member in the vehicle, unless accompanied by the license holder's parent,
guardian, or legal custodian.

Teens admit texting while driving is very distracting!

2010-05-13T05:25:00.000-07:00

Columbus Ohio In attorney David A. Bressman's continuing series on teen driving, dangers and distractions, an alarming study, published in 2007 provides evidence that driving distractions are becoming as prevalent as drinking and driving in terms of inhibiting teens' driving abilities.

According to teen driving research by SADD (Students Against Destructive Decisions) and Liberty Mutual Insurance Group, instant and text messaging while driving leads the list as the biggest distraction while driving for teens.

In a national survey of more than 900 teens with driver's licenses from 26 high schools, teens rated the following behaviors or activities as "extremely" or "very" distracting:

•Instant or text messaging while driving - 37 percent
•[The teen driver's] emotional state - 20 percent
•Having several friends in the car - 19 percent
•Talking on a cell phone - 14 percent
•Eating or drinking - 7 percent
•Having a friend in the car - 5 percent
•Listening to music - 4 percent

SADD and Liberty Mutual have collaborated on seven years of research on teens' attitudes, behaviors, and decision-making behind the wheel. Study results include data on cell phone use while driving, alcohol and drug use, seat belt use, and speeding, as well as comparative data between teens and parents.

SADD Chairman and CEO Stephen Wallace and SADD Executive Director Penny Wells are available to further discuss study results, including texting while driving and teen behavior in general behind the wheel.

http://www.sadd.org/press/textingadvisory.htm

Trucks Shift Loads

2010-05-11T06:46:00.000-07:00

While driving on the highway always be cautious when driving by trucks caring large loads as the loads tend to shift as they go around curves and when entering and exiting highways.

Cell Phone Use While Driving?

2010-05-10T05:05:00.000-07:00

Mobile phone use while driving is common but controversial. What are your thoughts?

Columbus Ohio Bans Texting While Driving

2010-05-06T12:01:00.000-07:00

If you are caught texting and driving in Columbus, be prepared to fork over some cash....$150.00!

Let me know what you think of this new law!

How To Buy An Auto Extended Warranty Part One

2010-04-29T11:02:00.000-07:00

The warranty sold to me by the car dealer is safe, isn't it?

Guess again. Some of the warranties, also known as vehicle service contracts, sold to you by car dealers can require you to have your repair work done by the dealer. What do you do when the dealer goes out of business, and you're left holding the empty bag? Look how many dealers closed up after the recession. Brands like Pontiac, Saturn and Saab winding down, could leave you without a safety net when your dealer closes.

Don't Get Soaked Buying a Flood-Damaged Car

2010-04-22T12:56:00.000-07:00

Record snow fall melt, followed by heavy rain across much of the country could result in flooding. I urge you to be cautious of unscrupulous businesses and individuals who may try to sell you a flood-damaged car. Always research your used cars. Check out my website for more details.

Work Zone Safety

2010-04-12T08:12:00.000-07:00

Here's the three "S's" of managing work zones safely. Speed, Space and Stress. Handle these three factors and you're almost home free.

MANAGE YOUR SPEED:
• Slow Down
MANAGE YOUR SPACE:
• Leave Room
MANAGE YOUR STRESS:
• Keep Your Cool

Motorcycle Fatigue Warning

2010-04-05T08:44:00.001-07:00

While riding a motorcycle is fun, it also takes a lot more concentration and energy than driving a car. You will find as you begin riding that you will tire and become fatigued much more quickly when riding a motorcycle.

This means trips need to be planned with more frequent breaks, and you need to protect yourself from the elements such as wind and rain. Exposure to the elements will make you fatigue at a much quicker rate.

Don't Pump ABS Brakes!

2010-03-29T16:41:00.000-07:00

ABS brakes have been around awhile, but there are still drivers who have not learned what they are and how they work.

Threshold braking is what ABS brake systems do FOR you, therefore, there is no need to pump your brakes. Computer-controlled sensors at each wheel "feel" when that tire is about to slip, and lessen the brake pressure at that wheel to keep the skid from occurring -- hundreds of times a second. You don't skid, and therefore you don't lose your ability to steer. This is the important part. In a panic stop with ABS brakes, you can steer around whatever it is you are trying to miss -- whether it's traffic cones or something else, like a car -- or a kid.

Is It Fair To Restrict All Teen Drivers?

2010-03-24T07:49:00.000-07:00

Parents want to protect their kids. But some teens object to having their driving privileges restricted because of actions by more reckless teens.

Don't Ride in Pick-Up Truck Beds

2010-03-08T06:13:00.000-08:00

The bed of a pick-up truck is for CARGO, not people. If you care about your passengers (or your pets), do not allow them to ride in the back of your truck. You may be the best driver in the world -- but you are not always totally alert while you are driving. You never know when some other driver may cut you off or cause a collision some other way. Don't put people or animals at risk by allowing them to ride in unprotected places.

Driving Through Potholes: Not Good

2010-02-23T12:02:00.001-08:00

Potholes do take its toll on your vehicle even if you may not notice much. After all, when you do hit one, you would most likely be checking out if you and your passengers are very much in one piece and okay. But you see, automobile experts do say that if you do experience going through a pothole, one of the things that you must do is to actually take the time to check out the parts of your vehicle. Some of the parts that you must consider checking would include the tires, the steering, the suspension, alignment, and the wheels.

Severe Weather Driving Tips

2010-02-15T06:09:00.000-08:00

With recent weather conditions and with more snow storms on the way, here are some safety tips when driving. Remember bridges and overpasses freeze first, so always slow down and avoid sudden changes in speed or direction. Keep your windows clean and clear. Keep your speed steady and slow—but not so slow that your car gets stuck in deeper snow. Good drivers use caution!

Ice and Snow, Take It Slow! Don’t Crowd the Plow!

2010-02-09T12:20:00.000-08:00

Use slower acceleration and slower speeds. Avoid heavy steering and braking. Allow extra time to reach your destination during inclement weather. It is not worth putting your own life or the lives of others in danger to save time.

Cell Phone Use While Driving Ups Crash Risk

2010-02-03T14:54:00.000-08:00

Drivers who talk on a mobile phone are four times more likely to be involved in a serious crash, according to a new study.

Researchers found people who used a hands-free or regular handheld cell phone while driving were four times more likely to be involved in a serious crash within 10 minutes of the conversation.

Many states have enacted laws that prohibit using a handheld cell phone while driving in hopes of reducing the risk of accidents. But researchers say these results suggest that hands-free cell phone users are no safer. Ohio is currently trying to pass laws to prohibit cell phone use while operating a vehicle.

What Does Car Liability Insurance Protect You Against?

2010-01-26T11:52:00.000-08:00

When it comes to purchasing car liability insurance, some people, especially young drivers, don't really know what they're getting. They just know that it's a requirement and that if they do not have insurance, they cannot legally drive their car. So what exactly does car liability insurance do for you? Well, it can protect you from spending thousands of dollars if you're ever in an accident that was your fault.

If you are involved in an accident and it is ruled that the accident is your fault, you will quite possibly be responsible for any property damage and medical costs that everyone involved in the accident incurred. This is where liability insurance steps in. If you or anyone else at the scene of the injury needs emergency first aid, your insurance will cover that. It will also cover all other medical expenses for injuries, any medical bills for sickness caused by the accident (if you have to stand outside in the rain and get the flu, for example), and it will cover funeral expenses in the event of an accident-related death. Your liability insurance will also most likely cover compensation for the time you or others are not able to work and will cover your legal fees.

Property damage is also covered by your car liability insurance. This is certainly a good thing since sometimes, property damage can be two or three times the cost of any injuries or medical bills. Your insurance will help you pay for any damage you cause by driving into a home or other building, hitting a telephone pole or any signs, and for any damage caused to other vehicles.

As you can see, whatever you pay for car liability insurance will seem like a tiny amount if you ever have to pay for medical bills or for property damage. Once you see those bills, you'll be very glad you have insurance to help you with these expenses.

Do your homework before purchasing your next car!

2010-01-13T08:38:00.000-08:00

Though many people first look at the appearance and performance of a new vehicle, car safety is also an extremely important factor. There are many research companies that have comprehensive information including car safety features, crash test ratings, rollover test results, and more. You should also look into the used car you may be purchasing to determine if it has ever been in an accident and what type of safety rating it currently has at the time of purchase, not at the time of manufacturing as it may have had recalls, etc. Do your homework when purchasing any vehicle.

How to Drive Defensively During the Holidays

2009-12-28T07:16:00.000-08:00

Car crashes kill: more than 41,000 people die each year as a result of traffic collisions. Another two million suffer disabling injuries in car accidents. According to the National Safety Council, the odds of getting in a deadly crash increase threefold when driving at night and increase further when drivers are distracted or drunk. During the holiday season, the roads become deadlier as frenzied shoppers and intoxicated partiers get behind the wheel.

How to combat the dangers of deadly drivers? Defensive driving: a technique that can prove particularly valuable-and save lives-during the holiday season. Learning to be more alert on the road could help you avoid the situation caused by Carmen Huertas in New York City. The mother accused of driving drunk after downing Cognac at a family birthday party, took to the road, visibly drunk, and raced down the highway at speeds nearing 70 mph; she lost control of her station wagon and crashed. She barely managed to wrench her daughter from the overturned car, leaving others to die.

Would you know what to do if an erratic driver were speeding toward you? You should. This holiday season, the best way to protect yourself and your loved ones from drunk and distracted drivers, is by learning to drive defensively.

Don't Insurance Adjusters Try To Be Fair? Colossus Part 1

2009-12-23T04:49:00.000-08:00

Columbus, Ohio. Personal injury, car accident attorney David A. Bressman has helped thousands of injury victims over the past 19 years.

You are involved in a car wreck or other injury causing incident. Now the adjuster contacts you and makes all sorts of promises -- we'll treat you fairly, offer you a fair amount.... But, in many instances, the adjuster is no more than a glorified data entry technician. This is because many insurance companies use computer programs whose sole purpose is to remove the human element from claims evaluations and leave the adjuster with little to no discretion on the true value of your claim. In other words, the nice adjuster on the phone may just input your bills and then offer you whatever the soulless computer program tells her to offer you, regardless of your injuries and the effect these have on your life.

Many insurance companies now use a computer program, or one similar to it, called "Colossus." By one estimate, from 1995 to 2005, 70 percent of the auto insurance industry has implemented claims assessment software, including COLOSSUS, Claims Outcome Advisor, and InjuryIQ to evaluate bodily injury claims. These cost containment programs have resulted in plummeting case settlement values.

The effect of these programs is especially evident in "soft tissue claims." Soft tissues involve the muscles and ligaments as opposed to the "hard tissues" like bones. According to the Insurance Research Council, 85 percent of all claims involve soft tissue injuries. Within the U.S. there are approximately 6 million auto accidents per year. With Colossus analyzing more than 60 percent of these cases, the program may be analyzing up to 3 million "soft tissue" injuries per year in the U.S. alone.

Due to the prevalence of soft tissue claims, and the lack of technology presently capable of proving their existence to juries, these claims became a target for the insurance industry in its attempts to reduce claims payouts and increase pmfits. It is clear that of Colossus was developed to further the insurance industry's desire to limit payout on the largest percentage of their claims.

NEXT: More on how Colossus works.

Children in Pickup Trucks

2009-12-17T10:22:00.000-08:00

Pickup trucks have become increasingly popular in the United States. A recent study found that in crashes involving fatalities,cargo area passengers were 3 times more likely to die than wereoccupants in the cab. Compared with restrained cab occupants,the risk of death for those in the cargo area was 8 times higher.Furthermore, the increased use of extended-cab pickup trucks andair bag-equipped front passenger compartments creates concernsabout the safe transport of children. The most effective preventivestrategies are the legislative prohibition of travel in the cargoarea and requirements for age-appropriate restraint use and seatselection in the cab. Parents should select vehicles that areappropriate for the safe transportation needs of the family. Physicianshave an important role in counseling families and advocating publicpolicy measures to reduce the number of deaths and injuries tooccupants of pickup trucks.

Motor vehicle trauma remains a leading cause of death of children. Occupants in pickup trucks should receive the same levelof protection provided in other vehicles according to nationalpolicies that address protection of motor vehicle occupants. Thesafety issues relevant for pickup trucks include the following:1) prohibition of cargo area travel; 2) age-appropriate restraintuse; 3) appropriate seat location in the cab; 4) appropriate useof rear seating positions in various models of extended cab vehicles;and 5) risk of air bag-related injuries.

Smart Tips for Buying Car Insurance

2009-12-08T04:44:00.000-08:00

Columbus, Ohio. Personal injury, car accident attorney David A. Bressman has helped thousands of injury victims over the past 19 years. Unfortunately, there are many he could not help because they simply did not have the right insurance.

Some statistics indicate that nearly 1/4 of all Ohio drivers do not have insurance. What happens to you if you, or a loved one, are injured through no fault of your own but the at-fault driver does not have any, or adequate, insurance? The answer is that we have to look at YOUR auto insurance policy to see if you have adequate coverage.

If you are injured, the other has no insurance and you do not have insurance...then what? Then consider bankruptcy. The other party will have to be sued, a judgment obtained and then collected upon. Good luck with that! The doctors and hospitals are not going to forgive your bills just because neither you nor the at-fault party lack insurance. Thus, you are stuck with the property damage, the medical bills and being injured to boot. All because there was no insurance to cover the crash.

Tip #1: If you have been putting off getting car insurance, do it...NOW.
Tip #2: In most instances, liability only coverage is stupid but if it is the best you can do for now, then at least get that.
Tip #3: Get full coverage, it's actually pretty cheap and well worth it when the inevitable car crash happens. Get a bunch of quotes, they are available online and from independent agents. If you are a client of mine, I'll review the quotes with you, free of charge, and make suggestions on what is, and is not, appropriate. If you are not a client, I'll still do the review but you'll have to pay me for my time.
Tip #4: Get uninsured/underinsured coverage. It used to be that this coverage HAD to be offered as part of your full coverage but now it does not. If you can, get this coverage, it provides you with a security blanket should you be hit by a driver who has no insurance or who has low limits insurance.

MORE TIPS TO COME......................

Ford to Introduce Inflatable Seat Belts

2009-12-01T08:13:00.000-08:00

Ford Motor Co. will begin equipping certain vehicles with inflatable seat belts that the company says will help prevent injuries in auto accidents. The inflatable rear seat belts will be available on the next generation Ford Explorer and will become more widespread over time. The belts contain an accordion-folded bag that fills with air in the event of a collision, much like a traditional car air bag. The belt's increased diameter helps spread the force of an impact across a wider area of the passenger's body, which dampens the pressure and reduces the risk of injury. It also helps limit head, neck and chest injuries by keeping passengers in the appropriate seating position. The future of car safety is here

Ways to Avoid A Car Wreck #13

2009-11-18T09:03:00.000-08:00

Last post in this series. I appreciate the nice comments, if anyone else has additional suggestions, please let me know and I will be sure to post them.

Avoid driving near trucks. Crashes involving large trucks often are fatal. When following a truck, stay far enough back so that you can see the truck's side mirrors. To pass a truck on a multilane road. wait for all other vehicles to clear the truck, then pass as rapidly as conditions and the speed limit safely allow. Be well past a truck before pulling in front of it.

Beware of the truck driver’s “No Zone.” Because of the size of the truck, the truck's blind spots are larger. Be vigilant in watching out for vehicles in the No-Zone. The No-Zone represents the danger areas, or blind spots, around trucks and buses where crashes are more likely to occur. One-third of all crashes between large trucks and cars take place in the No-Zone.

Ways to Avoid A Car Wreck #12

2009-10-20T04:39:00.000-07:00

#12: Know What Is At Your Side

Scanning your surroundings (keeping your eyes moving) includes keeping a safe distance around your vehicle. When another driver makes a mistake, you need time to react. Give yourself this time by keeping a “space cushion” on all sides of your vehicle. This space cushion will give you room to brake or maneuver if you need it.

Keep an eye on the drivers to your sides, not just their cars. If a driver just ahead of you in the next lane keeps glancing in your direction, he might soon merge in front of you. Give this driver room, or at least stay out of his blind spot. If a driver next to you appears to be speaking on a cell phone adjust your speed to distance yourself from that vehicle.

If you only look at the middle of the road, you will miss what is happening on the side of the road and behind you. Scanning helps you to see:

* Cars and people that may be in the road by the time you reach them.
* Signs warning of problems ahead.
* Signs giving you directions.

Any time you come to a place where people may cross or enter your path or one line of traffic meets another, you should look to the left and right sides of your vehicle to make sure no one is coming. Always look to each side at intersections, crosswalks, and railroad crossings.

To maintain a space cushion on each side of your vehicle:

1. Don’t stay in another driver’s blind spot. The other driver may not see your car and could change lanes and hit you.

2. Avoid driving alongside other vehicles on multilane streets with or without traffic in the opposite direction. Another driver may crowd your lane or change lanes without looking and crash into you. Drive either ahead of or behind the other vehicle.

3. If possible, make room for vehicles entering freeways even though you have the right-of-way.

4. At freeway exits, don’t drive alongside other cars. A driver may decide to exit suddenly or swerve back on.

5. Keep a space between yourself and parked cars. Someone may step out from between them. A car door may open or a car may pull out suddenly.

6. Be careful when riding near bicyclists. Always leave plenty of room between your vehicle and any bicyclist.

Ways to Avoid A Car Wreck #11

2009-10-02T06:20:00.000-07:00

#11: Don't step on the brake when driving over a pothole.

Winter in Ohio is upon us and with this comes the inevitable potholes. Often, the natural reaction is to stomp on the brakes as you go over the pothole. The suggestion below is that this is probably not the right way to deal with a pothole.

Reason: Hitting the brake as the car goes over a pothole shifts the car's weight forward onto the front wheels. This increases the impact force and can damage the car's suspension and brakes. This can also alter wheel alignment.

Better: Brake before the pothole to slow down the car, then release the brake as you go over pothole and, if necessary, brake right after the pothole.

Source: www.motorwatch.com

Ways to Avoid A Car Wreck #10

2009-09-18T13:32:00.000-07:00

#10 -- Be extra careful in reverse. Many minor collisions occur when drivers back up, most often in parking lots. Even very experienced drivers are not accustomed to driving backward, and our visibility is limited when we do so.

When you put your car in reverse, turn your upper body and your head to the right so that you can look directly out your rear window, rather than relying on your rearview mirror. Turning provides a wider view. It is incumbent on you to make sure the path is clear of vehicles, pedestrians or objects before backing.

IDEA: For SUVs, trucks and large cars a back-up camera is a small investment to protect your car, and those around you. It is especially a good idea if you live in an area with many pets or children. Between 2001 and 2003 alone, over 7,400 children ages 1 to 14 were treated for injuries after being hit by a car backing up. Many of these accidents could have been avoided through enhanced vehicle safety features, such as a back-up camera.

Ways to Avoid A Car Wreck # 9

2009-08-13T04:51:00.000-07:00

Columbus, Ohio. According to personal injury attorney, David A. Bressman, nearly 40,000 people die each year in car wrecks. Further, of the nearly 6 million car wrecks yearly, almost 50% involve an injury. The best way to avoid injury is drive safely and prudently. This, of course, is obvious but too few "experts" give any meaning to driving safely and prudently. The following series is designed to give you some practical pointers on HOW to do this.

#9: Let aggressive drivers pass or find some way to get out of their way. If a driver behind you tailgates, flashes his headlights, gives you hand gestures or makes numerous lane changes, get out of his way as soon as possible. This aggressive driver is an imminent hazard and you don't want to be anywhere near him. If you're in the left lane, ease into the right lane as soon as you can safely do so to let him pass. If it's a two-lane highway. maintain your speed until you can safely pull off and let the aggressive driver pass.

Helpful: Certain types of vehicles offer hints that their owners might be more aggressive or careless on the road. These include cars that have extra-wide tires or loud mufflers ... numerous dents ... or are covered in dirt and grime. Try to give such vehicles a wide berth or at least your close attention.

Hint: With so many distractions while driving – radio, cellphone, texting, GPS...- it may be that the other driver is NOT aggressive, merely distracted. Sometimes spraying windshield fluid, which will carry back from your car to the car tailgating you, is a gentle reminder to that driver to wake up and pay attention.

Ways to Avoid A Car Wreck # 8

2009-07-24T05:15:00.000-07:00

GM agrees to take responsibility for future liability claims.

2009-06-29T05:26:00.000-07:00

GM agrees to take responsibility for future liability claims.

The AP (6/28, Fowler) reported General Motors "has agreed to take on responsibility for future product liability claims, removing what could have been a sizable roadblock" on the company's way to a "quick sale of its assets" and emergence from bankruptcy. GM "wants to sell the bulk of its assets to a new company and leave behind unprofitable assets and other liabilities such as product-related lawsuits." But in a "concession to consumer groups and state officials who had threatened to block the sale because of product liability concerns, the new company will now assume responsibility for future claims involving vehicles made by the old company."

The Wall Street Journal (6/29, A4, Spector) reports that the agreement "represents a partial victory for more than a dozen state attorneys general and several consumer-advocacy groups."

The Washington Post (6/29, Tse, Marr) reports, "Those with past claims would have to pursue the GM left behind in bankruptcy with nothing but unwanted assets, debts and other liabilities. That means these consumers are likely to recover little, if anything." On Friday "Rep. André Carson (D-Ind.) introduced legislation that would require automakers to purchase liability insurance if they are owned by the federal government or have federal loans. This insurance must protect against past and future claims, even after a bankruptcy filing." Bloomberg News (6/28, Lui) also covered the story.

The New York Times (6/28, A20, De La Merced) reported GM and the Obama Administration's auto task force "have been negotiating with more than a dozen state attorneys general who have objected" to GM's asset sales plan.

The Washington Post (6/27, Dennis, Tse, Marr) reported earlier on the talks leading to the agreement.

Ways to Avoid A Car Wreck # 7

2009-06-04T05:41:00.000-07:00

Ways to Avoid A Car Wreck # 6

2009-05-13T09:20:00.000-07:00

Ways to Avoid A Car Wreck # 5

2009-04-27T12:31:00.000-07:00

Ways to Avoid A Car Wreck # 4

2009-04-20T05:11:00.000-07:00

Ways to Avoid A Car Wreck # 3

2009-04-09T10:19:00.000-07:00

Ways to Avoid A Car Wreck # 2

2009-04-01T13:15:00.000-07:00

Ways to Avoid A Car Wreck #1

2009-03-16T05:05:00.000-07:00

Columbus, Ohio. According to personal injury attorney, David A. Bressman, nearly 40,000 people die each year in car wrecks. Further, of the nearly 6 million car wrecks yearly, almost 50% involve an injury. The best way to avoid injury is drive safely and prudently. This, of course, is obvious but too few "experts" give any meaning to driving safely and prudently. The following series is designed to give you some practical pointers on HOW to do this.

#1: Plan well. Stay off the roads between midnight and 3 a.m. on Saturday and Sunday mornings. Drunk-driving collisions are most common during these hours. The safest time to drive on weekend nights is between 9 p.m. and midnight when most heavy drinkers are still at bars and parties. Most weekday crashes occur during the morning and evening rush hours, but these tend to be less severe crashes, not the frequently fatal smashups caused by drunk drivers. If you are planning a weekend event, make sure your guests leave before the above times to ensure safest travel. As well, if you are at a party, or have a loved one at a party, do your best to set a safe time to leave [and, of course, if you have imbibed of the alcoholic beverages, don't be stupid, have someone else, a sober someone else, drive you home or be prepared to stay the night].

Questions For the Adjuster That Simply Won't Get Answered #6

2009-03-02T07:35:00.000-08:00

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION 6: Shouldn’t I wait to settle the claim until my medical treatment concludes, or until I’m sure that I have made a full recovery?

ANSWER: Yes from your perspective but a big NO from the insurance adjuster's viewpoint. The insurance company knows that the quicker you settle the claim the less money it will have to pay out. Once you settle the claim you can’t reopen the case if it turns out your injuries are more severe than you originally thought or if you need more medical treatment. Most insurance companies have in place written directives to their claims departments to settle every claim as quickly as possible so the accident victim can’t reopen the case later if the person’s condition gets worse.

This happens quite often and, just as often, with tragic results. Once you sign a release of your claims with the insurance adjuster [always a prerequisite to getting a settlement check], you are, likely, forever and ever closing your ability to get fully and fairly compensated for your injuries should it turn out that you, as a result of the collision, began the process for herniating a disc or there was a missed fracture in the ER radiology department or..... Why take the chance? Get thoroughly evaluated and treated per doctor's orders BEFORE you sign off on your injury claim for the rest of your life.

Questions For the Adjuster That Simply Won't Get Answered #5

2009-02-05T06:50:00.000-08:00

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION 5: Why do I have to give you an unrestricted medical authorization before I can settle the claim? Why do you need records from 5, 10, 15 or 20 years before the collision? Why
do you need records from doctors OTHER than the ones I saw for treatment related to the
collision?

ANSWER: So the adjuster can go on a fishing expedition into your medical history and find anything about your prior health which will help the company either deny your claim or pay out as little as possible. THE ADJUSTER IS NOT LEGALLY ENTITLED TO GET ANY RECORDS OTHER THAN THOSE THAT ARE CAUSALLY OR HISTORICALLY RELATED TO YOUR INJURIES IN THE COLLISION! For instance, if you broke your foot in the collision, the adjuster, reasonably, has the right to know if you have injured your foot before; however, the adjuster is NOT entitled to know if you have neck or back problems since you are not claiming this injury.

You can just as easily collect your accident-related records and send them to the adjuster for review. But, usually, if you are not represented by counsel the adjuster will never accept this. By using an attorney, the attorney can usually put limits on how much medical information needs to be disclosed.

Ten Second Tip For Your Health

2008-12-29T09:01:00.000-08:00

Columbus, Ohio. According to personal injury lawyer David Bressman, many injuries are easily preventable, if a little common sense is used. Here is a 10 second tip:

DON'T JAYWALK

This is particularly good advice if you've had too much to drink, because 77% of pedestrians killed while crossing the road aren't at intersections. And 53% of those killed at night had blood·alcohol concentrations at or above. 08% , the legal limit in all 50 states.

Questions For the Adjuster That Simply Won't Get Answered # 4

2008-12-21T08:48:00.000-08:00

Questions For the Adjuster That Simply Won't Get Answered #3

2008-12-01T14:34:00.000-08:00

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION3: Why does the adjuster insist that I have to give a recorded statement when the adjuster can get information about the accident from the police report?

ANSWER: Because the insurance company will try to use your own statements against you! In most accidents a police report will be filed and the insurance company has easy access to this report (it just takes a written request and a small fee). So why is a recorded statement necessary? Most companies have written policies in place which require the adjuster to get
a recorded statement to see if there’s any information the accident victim might reveal which could be later used to either deny the claim or pay out less money when settlement occurs.

For instance, let's say that you are contacted by the adjuster the day after the accident. You have some aches and pains but, you think, nothing too serious.The adjuster puts you on tape agreeing that you have little or no injury but, lo and behold, you wake up the next day with excruciating neck and back pain. You are now in serious trouble since you have now gone "on record" as minimizing your own injury. In effect, you have now become your own worst enemy! These recorded statements are, mostly, done to pin you down to a point in time when you might not be aware of the full extent of your injuries. They are also, mostly, done without an attorney present to advise you on what are fair, and unfair, topics.

My usual approach to requests for these types of statements -- denied!

Questions For the Adjuster That Simply Won't Get Answered #2

2008-11-18T09:36:00.000-08:00

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

"QUESTION 2: Will the insurance company verify that the settlement amount being offered to me is fair and reasonable?"

ANSWER: The adjuster surely will TELL you what you want to hear -- of course, the settlement is fair, you wouldn't expect an insurance company to tell you any different. But the adjuster can’t verify or prove that everyone with similar injuries never receives more. Unless you are in the business of negotiating and settling injury claims there is little chance you will know whether the settlement amount that is being offered is fair. Therefore, by negotiating and settling the claim yourself without using the assistance of a professional (i.e., personal injury attorney) you run the risk of accepting a sum that may turn out to be much less than what is considered reasonable for your type of claim. Moreover, once you accept that amount, and sign the accompanying release, then you are forever barred from revisiting and reopening your settlement. In other words, you had best be sure that you are fairly, and fully, compensated before agreeing to, or signing, anything..

Questions For the Adjuster That Simply Won't Get Answered #1

2008-11-07T13:15:00.000-08:00

Columbus, Ohio. Personal injury trial lawyer, David A. Bressman, has over 20 years of experience representing injury victims. Over that time period, he has come across many who have pretty basic, fairly easy questions that they would like the insurance adjuster to honestly answer. In his experience, most adjusters either refuse to answer or provide misleading information. He presents to you a series of questions, and likely insurance company responses.

If I use an attorney, I’m likely to recover more money in settlement than if I try to settle
the claim on my own?

ANSWER: Don’t be surprised if the adjustor says “no.” But why lie about this? Because a study by the Insurance Research Council (a nonprofit group funded by major insurance companies across the nation) and titled “Paying for Auto Injuries” found that the average total payout on claims that have an attorney is 4.8 times greater than those claims where the injured victim settled on his or her own.

This study showed that individuals who use an attorney receive 3.28 times more money after the attorney’s fee is paid. Most insurance claims adjustors are very aware of this study. So, if the insurance company wants to maximize profits it will train its claims representatives to go to
great efforts to dissuade people from hiring an attorney. Simply put, the insurance companies know that if you hire counsel you will likely get more money in settlement, even after deducting
the lawyer’s fee.

Common Insurance Company Arguments/Excuses #11

2008-11-04T13:41:00.000-08:00

Daylight Saving Time Switch & Increased Number Of Pedestrian Collisions & Car Accidents

2008-11-01T07:20:00.000-07:00

The staff at the BressmanLaw reminds you to set your clocks back 1 hour this weekend. Please use extreme caution as you adjust to the time change and earlier darkness. When the clocks move back, pedestrian collisions, crosswalk accidents and personal injury cases involving motor vehicles are more likely.

According to a CNN report, pedestrians walking at dusk are three times more likely to be struck by a car than before the clocks are moved back.

The highest risk for pedestrians occurs around 6 p.m. during November. This risk decreases each month until May [when the spring time change and longer days cause accidents to drop dramatically]. Reports show that it is not the actual dark that causes these pedestrian car accidents, it is the drivers' adjustments to the earlier darkness.

Drivers: Be on the lookout for pedestrians as you drive at dusk and after dark.

Pedestrians: Take extra care to make sure that drivers can see you.

Be safe!

Sincerely,

The Staff of BressmanLaw

You're in Good Hands With Allstate?

2008-10-20T11:22:00.000-07:00

Columbus, Ohio. Personal injury lawyer David Bressman reveals some secrets insurance company don't think you will ever find out and, certainly, inside information they don't want you to have.

Having proudly developed and nurtured its reputation as the worst insurance company when dealing with injury claims, now information has come out as to exactly how Allstate "evaluates" its injury claims. For even more insight, go to http://www.allstateinsurancesucks.com/ and read story after story of how this insurance company plows more into putting on nice commercials than it does to pay the truly injured.

Allstate, over the past several years, has implemented scorched earth insurance claim and litigation tactics, which were developed in large measure by McKinsey & Company. Allstate adopted McKinsey's plan and implemented it as "The New Game: 'Good Hands to Boxing Gloves'". The abandonment of the good hands metaphor in favor of the boxing gloves metaphor illustrates Allstate's strategy of confrontation and combat and implementation of intimidation tactics that are designed to bludgeon claimants and claimant attorneys into submission by making pursuit of claims unpleasant, stressful, time consuming and financially, mentally and emotionally expensive and by making claims uneconomic; e.g., incentivizing claimant attorneys to decline "soft tissue" cases and/or settle them cheaply and forcing claimants to drop claims or settle them cheaply.

Attorney David Berardinelli reveals McKinsey/Allstate tactics in his book "From Good Hands to Boxing Gloves: How Allstate Changed Casualty Insurance in America" and reveals the following quotes from McKinsey's materials obtained in an insurance bad faith lawsuit against Allstate:

Page 1426 "Improving Allstate's casualty economics will have a negative impact on medical providers, plaintiff attorneys, and claimants.

Page 1427 "Establishing new market values will require aggressive new litigation strategies."

Page 1609 "Align 'alligators' with 'attorneys.'"

Page 2827 "Objective Keep attorneys out."

Page 2929 "Winning the Economics Game; New plays, New game plan, Changing the rules, New game..."

Page 2932 "Capturing the opportunity will require reducing the number of represented claimants and more agressively managing the claims that do become represented."

Page 2939 "Aggressively manage those cases that become represented through...more aggresive litigation approaches."

Page 2939 "Many plaintiff attorneys yield to more aggressive tactics."

Page 2982 "Claims is an economic game. We will win the economic game."

Page 4216 "The New Game Plan: 'Zero Sum Game'... somebody has to win and somebody has to lose...We want to win by modifying the rules and regulations to our advantage."

Page 5226 "Roll Out: 'Build new evaluation system around Colossus..." [Colossus, a computerized claim valuation software program, will be discussed in a subsequent article.]

Page 5403 "Do not re-evaluate approved settlement amount. Stand firm on final offer with no real negotiation."

Page 6325 "These strategies will include significantly higher levels of litigation to establish lower values."

Page 6449 "Early Test Results Favorable: Test: Targeted: Evaluation '175 files through system, 37 settlements at approximately 50% of historic medians.'"

Page 8028 "Based on the existing levels of performance, the four process steps should ultimately yield between $375 million to $475 million a year in casualty by 1997." [Increased profit due to reduced payment of claims.]

Page 8043 "The first important step is to establish aggressive goals and tie compensation to performance against these goals." [Claim adjuster compensation is tied to limiting/reducing payment of claims.]

Page 10059 "Recommended Attorney Performance Measures: Measure: Results: Percent of cases closed at or below evaluated amount." [In house attorneys are compensated and retained or fired based on limiting/reducing payment of claims.]

Page 10069 "Outside Counsel Compensation Approach: Measure: Deviation from evaluated amount plus expenses; Resulting action: Base fee raised or lowered or Gain or loss of cases or Bonus at end of year." [Outside defense attorneys compensation and continued retention based on limiting/reducing payment of claims.]

Page 11545 "Colossus Training Checklist: Prior to MCO training: - Determine the number of tuning regions, - Complete initial tuning by evaluation consultants; Post training: Verify tuning: - Spot check closed claim study, - Create scatter graphs and calculate payment rates, - Retune as necessary." [Tuning, essentially, means that if the computer spits out numbers that Allstate management thinks is too high, then Allstate will re-program the computer to spit out lower numbers so that Allstate will have higher profits.]

The above quotes come from Litigating Minor Impact Soft Tissue Cases, Koehler, Karen K. and Freeman, Michael D., ATLA Press, Thomson-West, 2005, vol. 1, 2005 supp. pp.67-74 which notes that the quotes are "unverified" in the sense that attorney Berardinelli obtained them while reviewing the McKinsey materials while under a temporary protective order. The court ruled that the McKinsey materials (and thus quotes derived therefrom) were not protected trade secrets. Allstate appealed, but their appeal was dismissed as untimely filed.

Common Insurance Company Arguments/Excuses #10

2008-10-17T12:12:00.000-07:00

Common Insurance Company Arguments/Excuses #9

2008-10-13T05:53:00.000-07:00

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #9 in this ongoing series:

"Claiming That You Are Not Really Injured and/or Minimizing Injuries" Part 1

• There was no complaint of pain by you to anyone at scene of accident.

• There is nothing in the police report to indicate that you complained of pain at the accident
scene nor did you request an ambulance when asked by the police office nor did you, on your own, request that one be sent.

• There were no physical signs or injury at scene of accident like cuts, bruises, etc.

• You did not go to the emergency room/urgent care/family doctor, or otherwise received no treatment, on the day of the accident or in the days following the accident.

• You told the at-fault driver or other people at the scene that you felt “Ok.”

• You gave a statement to the insurance company, either yours or that of the at-fault driver, that you were not injured in the accident.

• There is no medical opinion substantiating medical causation between the accident and your
physical or subjective complaints.

Common Insurance Company Arguments/Excuses #8

2008-10-03T17:23:00.000-07:00

Common Insurance Company Arguments/Excuses # 7

2008-09-26T16:38:00.000-07:00

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #7 in this ongoing series:

"Your Injuries Are Invisible"

Many adjusters, often, I believe, purposely find it hard to accept the validity of injuries they can't see, especially those not well supported by objective medical evidence. Nonetheless, these injuries are real, and treatments can cost hundreds or thousands of dollars. If you suffer these injuries you can endure lifelong pain and be unable to lead a normal life. But the adjusters are trained to be skeptical and doubtful. You KNOW these injuries are real but the adjuster just refuses to believe. These injuries can include:

■ Brain Injury
■ Fibromyalgia—symptoms include chronic widespread pain accompanied by fatigue
■ Chronic fatigue syndrome—an often debilitating disorder characterized by fatigue, pain, and cognitive disorders
■ Reflex sympathetic dystrophy or complex regional pain syndrome—a disorder of the sympathetic nervous system, characterized by chronic, severe pain without apparent cause.

Common Insurance Company Arguments/Excuses # 6

2008-09-22T10:58:00.000-07:00

Based upon feedback received, I have, slightly, altered the title of this series. As many have pointed out to me. these aren't argument, they are excuses employed by the insurance company in an organized effort to find any possible angle to reduce the amount it pays to injury victims.

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #6 in this ongoing series:

“Nobody Knows For Sure”

•"He said/She said." You each cancel out each other's version of events. "She ran the red light, no he ran the red light." This happens alot, even when the other person admitted to being at-fault [but probably with no one else around.]. Get the at-fault to call his/her insurance agent from the scene and admit fault at that time or get someone to come to the scene [HINT: You should always call a police officer anyway] and get the admission.

•No independent witnesses to corroborate your version of the accident. [HINT: That's why you need to get names of witnesses asap and take photos too!]

• A witness cannot be found (You, not the at-fault driver, have the legal duty to prove by a "preponderance of the evidence" each element of your case.)

•The witnesses dispute your version of the facts or substantiate the at-fault driver's version.

• The physical evidence (lights. brakes. tires.photos etc.) was lost and it was necessary to have it examined by an expert to substantiate your version of the facts.

Common Insurance Company Arguments # 5

2008-09-19T12:56:00.000-07:00

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #5 in this ongoing series:

Shifting The Blame to Some Other Cause

• An act of God or unknown person was responsible for the accident.
In Ohio, it is very important to get the names of any witnesses as soon as you possibly can. If, for instance, you are hit by a vehicle which then leaves the scene and you don't have any "independent corroborative evidence" then you may not be covered! In other words, Ohio law presumes that you are making a fraudulent claim unless you have independent witnesses to back you up! This, regardless of your claims history and regardless of any other indicator that you are an honest person and this regardless of the number of years you have been faithfully paying your insurance premiums.

• The accident was “unavoidable.”
Few car wrecks are actually "accidents." Usually, it is a matter of poor choices. The other driver chose to talk on the phone, chose to put on makeup, chose to turn and talk to the kids, chose to stay up late the night before so that he/she is no longer as attentive, chose to drive too close, chose to swerve to avoid hitting the cat, chose to .... But that won't stop the insurance company from arguing otherwise.

• There was an “emergency” that excused the defendant’s negligence.
I.e,. unexpected heart attack, seizure or other physical condition is the usual focus of this argument.

Common Insurance Company Arguments #4

2008-09-12T13:53:00.000-07:00

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #4 in this ongoing series:

Making You The Bad Guy & Blaming You For The Accident

NOTE: "Defendant" is just a legal term for the person you think was the cause of the accident

•You had warning of danger within a sufficient time to avoid the accident if you were paying attention.
•You could have avoided the accident if you were not exceeding a safe speed for the road/weather conditions.
•You made an unnecessary and unexpected stop.
•You made an unsafe lane change without warning.
•You gave no stop or turn signal.
•You were backing up under circumstances and/or at a location where a reasonable person
wouldn't have anticipated same or where it was difficult for the other person to see same.
•You were not at/in the intersection first.
•If you and the defendant were in the intersection at same time, you were to the defendant's
left, exceeding the speed limit, or were inattentive.
•The defendant was acting as any "reasonable person" would have—was traveling at a safe speed for conditions and therefore was not negligent--defendants actions were not a probable cause of the accident.

Common Insurance Company Arguments #3

2008-09-08T13:35:00.000-07:00

Common Insurance Company Arguments #2

2008-09-05T08:15:00.000-07:00

Common Insurance Company Arguments

2008-09-02T11:13:00.000-07:00

Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims.

#1: Blaming The Condition of Your Vehicle.
• Your vehicle was not equipped with a headrest, seatbelts, rearview mirror, or other safety devices and it is your responsibility to equip your vehicle with such devices.
• Seat belts or other safety devices were available in the vehicle but not used. This is a biggie! Under current Ohio law, if you don't use your seatbelt, the insurance company can probably use, without any other evidence, that fact against you!
• Your vehicle had equipment defects such as: the tires were bald, brakes were not working, tail lights not working, turn signals not working, etc.

Next Post: Yet More Excuses

TEENS ADMIT TEXT MESSAGING MOST DISTRACTING WHILE DRIVING

2008-08-29T11:42:00.000-07:00

Columbus Ohio In attorney David A. Bressman's continuing series on teen driving, dangers and distractions, an alarming study, published in 2007 provides evidence that driving distractions are becoming as prevalent as drinking and driving in terms of inhibiting teens' driving abilities.

According to teen driving research by SADD (Students Against Destructive Decisions) and Liberty Mutual Insurance Group, instant and text messaging while driving leads the list as the biggest distraction while driving for teens.

In a national survey of more than 900 teens with driver's licenses from 26 high schools, teens rated the following behaviors or activities as "extremely" or "very" distracting:

Instant or text messaging while driving - 37 percent
[The teen driver's] emotional state - 20 percent
Having several friends in the car - 19 percent
Talking on a cell phone - 14 percent
Eating or drinking - 7 percent
Having a friend in the car - 5 percent
Listening to music - 4 percent

SADD and Liberty Mutual have collaborated on seven years of research on teens' attitudes, behaviors, and decision-making behind the wheel. Study results include data on cell phone use while driving, alcohol and drug use, seat belt use, and speeding, as well as comparative data between teens and parents.

SADD Chairman and CEO Stephen Wallace and SADD Executive Director Penny Wells are available to further discuss study results, including texting while driving and teen behavior in general behind the wheel.

What Can Concerned Parents Do?

While most states have adopted or are adopting legislation around teen driving, the restrictions of teen driving laws vary from state to state. Based on the extensive research over the past seven years, SADD and Liberty Mutual have set forth the following all-encompassing recommendations for concerned parents of teenagers.

Know your state's Graduated Driver License laws and restrictions, including unsupervised driving, time of day, and passengers in the car, and enforce them. The Governors Highway Safety Association provides a description of each state's laws at www.statehighwaysafety.org.

Set family rules about driving and outline clear consequences for breaking the rules. Liberty Mutual and SADD suggest some rules if they are not covered by your state laws:

No use of alcohol or other drugs
No cell phone use, including text messaging
Limit or restrict friends in the car without an adult
No driving after 10 p.m.
Keep two hands on the wheel - No distractions while driving, including eating, changing CDs, handling iPods, and putting on makeup

Enforce consequences if a family rule is broken . The SADD/Liberty Mutual studies show that parental enforcement bolsters safe driving habits. More than half (52 percent) of teens who say their parents are unlikely to follow through on a consequence if they break a driving law report they talk on a cell phone while driving, compared to only 36 percent of teens who believe their parents would indeed penalize them.

Do as you say . Exhibit behaviors in the car that you would like your teen to emulate. And, don't engage in behaviors you have established as off limits for your teen. While young people say overwhelmingly their parents are or will be the biggest influence on how they drive, almost two thirds (62 percent) of high school teens say their parents talk on a cell phone while driving; almost half (48 percent) say their parents speed; and almost a third (31 percent) say their parents don't wear a safety belt.

Sign a teen driving contract. SADD's Contract for Life can be found at http://www.sadd.org/contract.htm.

http://www.sadd.org/press/textingadvisory.htm

Driving, Car Wrecks and Cellphones

2008-08-25T10:48:00.000-07:00

Columbus, Ohio. The best solution is to avoid cellphone usage while driving at all. The second best is to use a hands-free phone system [which is what I use]. But why? Why is it so hard to talk on a phone and drive?

According to Lee Dye's science column on ABCNEWS.com:

"Any time we try to perform two things at once, one performance suffers, albeit only slightly when it comes to nearly brainless tasks like walking and chewing at the same time. The going gets tough, though, when either task becomes more demanding.

Take talking on a cell phone while driving a car, for example... New research shows, however, that the price we pay for trying to listen intensely comes at the expense of our ability to see clearly.

When we turn the "listening knobs" up, says psychologist Steve Yantis of Johns Hopkins University, we turn the "visual knobs" down. It doesn't make any difference if the phone is hands-free. It's the listening that makes the difference, not the nature of the instrument.
....

"People definitely are optimized for handling multiple tasks," says Yantis, who has spent years studying how we control the flow of information into our brains, and what we do with it when we've got it. "We've evolved to be effective multitaskers because it's useful to be able to do multiple things at once to be able to survive. But there are limitations."

Yantis and his team of researchers have been using one of the most effective tools in the field of cognitive science, functional magnetic resonance imaging, to look inside the brains of their subjects during various experiments. Different parts of the brain literally light up, showing such things as increased blood flow, when the subjects are given different tasks.

The evidence shows clearly that when the participants concentrated on listening, the part of the brain that controls vision became less active, and vice versa.

It's as though we have a certain amount of gray matter, and if we're going to put a lot of it in our listening basket, we're going to have to take it from somewhere else.

Yantis' primary interest is in the flow of information in the brain, and how that relates to such things as drug abuse and some mental illnesses, which is why much of his research is funded by the National Institute on Drug Abuse. But the ubiquitous instrument that has become such an intricate part of our lifestyles -- the cell phone -- lends itself perfectly to his research.

Especially since it is so often used while we are trying to do something else, like drive a car.

Yantis thinks a cell phone can be particularly intrusive, thus compromising our multitasking abilities. If you're talking with someone else in the car, he says, that person knows you're trying to drive and will probably lighten up on the conversation if red lights are flashing in the distance. But if you're on a cell phone, the other person may not even know you are driving and may ratchet up the complexity, or the emotional content, of the conversation without knowing you are in a very precarious situation.

That requires you to concentrate more on the conversation, and thus less on the driving, because you can't devote equal attention to both. That's true even if the person on the cell phone is simply trying to give you directions.

"I have to form a mental map of where I'm going and that sort of visual processing is going to be taking away from what I'm seeing out the windshield," he says.

Either reaction time or performance will be impaired, he adds.

...

Cellphones and Driving

2008-08-22T07:36:00.000-07:00

Columbus, Ohio. Attorney David Bressman, in addition to representing personal injury victims, is also the father of two teenagers and a member of the Worthington School Board. He has seen the effects of distracted driving. One such distraction is the use of texting while driving.

Text messaging, or “texting” by teens, a driving distraction related to cellphone use, was the subject of an August 2006 Teens Today survey conducted by the Liberty Mutual Research Institute for Safety and Students Against Destructive Decisions (SADD). The survey showed that teens considered sending text messages via cellphones to be their biggest distraction. Of the teens surveyed, 37 percent said that text messaging was extremely or very distracting, while 20 percent said that they were distracted by their emotional states and 19 percent said that having friends in the car was distracting. The January 2007 survey by Nationwide found that 19 percent of motorists say they text message while driving.

Think this doesn't happen? Keep reading

Ohio authorities: Texting blamed for car crash

Friday, August 22, 2008 9:46 AM

MASON, Ohio (AP) - Authorities in southwest Ohio say a driver admitted that she was using a cell phone to text-message a friend when her car went off the road, hit a mailbox and overturned.

Eighteen-year-old Sarah Stearns of Monroe was thrown from the vehicle about 2 a.m. Wednesday. A spokesman for the State Highway Patrol says Stearns has been cited for operating a vehicle without reasonable control.

Stearns was taken to a hospital with non-life-threatening injuries.

Officials say they don't know how many accidents occur while drivers are texting. The Ohio Department of Public Safety says similar practices, such as talking on a cell phone or putting on makeup, fall into a catch-all category of "driver inattention."

2008-08-18T11:50:00.000-07:00

Columbus. Ohio. You've tried your best to recover from being involved in a car wreck when, WHAMMO, you get hit by another car! Now you've reinjured yourself plus there are new injuries. Who can sort out this mess? Are both cases over? Under Ohio law, you are not helpless, you can still successfully be compensated for injuries in BOTH accidents. If you can separate your injuries between car wrecks, then each must pay for its own injuries. If you cannot separate them, then the burden of doing so shifts to the other parties.

Here is what a Judge might tell a jury:

Where an injured party suffers a single injury as a result of the negligent acts of multiple at-fault parties, the burden of proof is upon the injured party to demonstrate that the conduct of each defendant was a substantial factor in producing the harm.

On the other hand, where the negligent conduct of two persons has combined to bring about harm to the injured party, and one of the at-fault parties seeks to limit his/her liability on the ground that the harm is capable of apportionment among the at-fault parties, the burden of proof as to the apportionment is upon the defendant to prove by a preponderance of the evidence that apportionment of damages.

Concurrent negligence consists of the negligence of two or more persons concurring, not necessarily in the same point of time, but in point of consequence, in producing a single indivisible injury. Where the negligence of two or more persons concurs to produce a single indivisible injury, then both persons are jointly and severally liable to the injured party. Therefore, if you find that the negligent acts of at-fault party “A” and the negligent acts of at-fault party “B” combined together to produce a single indivisible injury to the injured party, then you will need only to determine the amount of damages sustained by the injured party. If on the other hand you find that the negligent acts of either at-fault party “A” or at-fault party “B” produced separate and divisible injuries to the injured party, then you must determine what damages, if any, were the direct and proximate result of each at-fault parties’ acts.

Low Speed Collisions - The Unknown Bias

2008-08-15T09:37:00.000-07:00

"It was just a fender-bender"
"There were only scratches on the car"
"I was only hit at 5 mph"

These are some of the thoughts typical in a low speed crash. However, we all know of folks who aren't involved in any type of crash, or who have any external forces exerted on their body, who have pain. Ever wake up with a stiff neck? Ever do some yardwork and, the next day, you are stiff as a board? No one hit you at all and, yet, you are in pain. How can this be?

Low-speed motor vehicle crashes, particularly rear-end collisions, produce a different mechanism of injury than do high-speed crashes. The widely differing injury mechanisms for low-speed crashes versus higher-speed crashes make comparisons virtually impossible. It is a fact that some people are injured in low-speed motor vehicle crashes involving minimal or no property damage. One of the largest studies ever conducted of insurance claims for injury following motor vehicle crashes showed that 18 percent and 23 percent of women involved in motor vehicle crash with $500 or less of damage were injured.[i] Other authors have demonstrated cervical disc injuries with radiculopathy in 7 mile-per-hour and less motor vehicle crashes (minimal- to no-damage crashes) in a cohort of 237 real-world crash-injured subjects.[ii]

i. Farmer CM, Wells JK, Werner JV. The relationship of head restraint position to driver neck injury in rear-end crashes. Insurance Institute for Highway Safety 1998.

ii. Tencer AF, Mirza SK. Is there a relationship between pre-existing spinal degeneration and whiplash associated symptoms in victims of rear-end auto impacts? Cervical Spine Research Society 27th Annual Meeting - December 16-18, 1999

Subrogation (Or: Why Do I Have to Pay Back My Own Health or Auto Insurance)

2008-08-09T02:35:00.000-07:00

Columbus, Ohio According to personal injury lawyer, David Bressman, a successful personal injury claim requires consideration not only of what the at-fault driver's insurance company will pay but also an assessment of who YOU have to pay back.

You are injured, through no fault of your own, in an auto accident caused by another driver. Your medical bills are partially paid by your auto insurance (Medical Payments Coverage) and partially by your health insurance company. Both insurance companies will demand that they be reimbursed when you settle your accident claim. This is called "subrogation" or "right of reimbursement" or an "insurance lien." Whatever your particular policy calls it, it means that whoever paid your medical bills wants its money back when your case settles.

NOTE: Subrogation includes almost anyone who paid your bills such as the Bureau of Workers Compensation, CareSource, Medicaid or Medicare.

A trial lawyer understands the law and knows your rights and, often, will challenge the subrogation liens when there isn’t enough liability insurance to pay the claims.

Motorcycle Accidents -- Not wearing a helmet? Must have nothing to protect!

2008-08-04T05:58:00.000-07:00

Columbus, Ohio. With increasing gas prices, more folks are taking to the streets on 2 wheels, personal injury lawyer David Bressman believes that it is important to refresh people's recollections about some of the dangers unique to motorcycle usage.

Single vehicle motorcycle crashes account for about 45 percent of all motorcyclist fatalities. More than 38,000 motorcyclists have died in single vehicle motorcycle crashes between 1975 and 1999.

From 1990 through 1999, there were a total of 11,038 fatal single vehicle motorcycle crashes. During that same time period, there were an estimated 294,000 non-fatal single vehicle motorcycle crashes. Of these, an estimated 39,000 involved property damage only and 255,000 involved injuries.

Motorcyclist fatalities in single vehicle motorcycle crashes decreased each year from 1990 to 1996, reaching a historic low of 937 in 1996 and again in 1997. In 1998, the fatalities increased to 1,042 (11.2 percent increase); in 1998 and in 1999 they increased to 1,140 (9.4 percent). The overall increase in motorcyclist fatalities from 1997 to 1999 was 203 (21.7 percent).

: Findings from the FARS (Fatality Analysis Reporting System) data illustrate possible reasons for motorcyclist fatalities in single vehicle motorcycle crashes:

*Helmet use among fatally injured motorcyclists below 50 percent
*More motorcyclist fatalities are occurring on rural roads
*High blood alcohol levels are a major problem among motorcycle operators
*Half of the fatalities are related to negotiating a curve prior to the crash
*Over 80 percent of the fatalities occur off roadway
*Undivided roadways account for a majority of the fatalities
*Almost 2/3's of the fatalities were associated with speeding
*Almost 60 percent of motorcyclist fatalities occur at night
*Collision with a fixed object is a significant factor in over half of the fatalities
*Braking and steering maneuvers possibly contribute for almost 25 percent of the fatalities
*More riders age 40 and over are getting killed
*Almost one third of the fatally injured operators did not have a proper license

Proximate Cause - A Rarely Discussed Necessity

2008-08-02T08:23:00.000-07:00

Columbus, Ohio. "But the car wreck/collision/accident wasn't my fault, why is the insurance company still not paying?" According to Attorney David A. Bressman, one of the least discussed, but most important, aspects of any personal injury case relates to "proximate cause." You simply cannot have the best results in your claim without successfully addressing this issue. It is NOT enough that the other person was at fault, you must show that the fault CAUSED you injury. For instance, if, after your accident, you are diagnosed with cancer, the likelihood is that the accident had no relationship to it. However, if you develop neck and pain immediately after an accident, then there is a high likelihood that it IS related. This is a much more complicated issue than can be addressed here but make sure you discuss causation with your lawyer, it may be the difference between getting your claim successfully resolved or getting nothing at all.

Here is an instruction that juries are likely to hear:

"1. A party who seeks to recover for injury must prove not only that the other party was negligent, but also that such negligence was a proximate cause of the injury.
2. Proximate cause exists where an act or failure to act, in a natural and continuous sequence, directly produces the injury and without which it would not have occurred.

Elements of Personal Injury Damages

2008-07-28T07:34:00.000-07:00

Columbus, Ohio. According to personal injury lawyer David Bressman, many victims of car crashes don't know what damages are available in a personal injury claim. And they shouldn't expect the insurance company to tell them either! One of the most difficult to get your arms around is the damages sustained to family members who weren't directly injured. This "loss of consortium" is recognized by Ohio law and is an element of damages that, because it is so difficult to prove, should be as completely documented, as early in the claim as possible.

CONSORTIUM

1. SPOUSE. You are instructed that, at all times pertinent to this case, Plaintiff John Doe was the lawful spouse of Jane Doe. You may award an amount that will reasonably compensate John Doe for damages which you find resulted from any loss of consortium he had as a result of the injuries sustained by his wife from the auto accident.
2. Consortium includes services, society, companionship, comfort, love and solace.

O.J.I. Chapter 23.02

Burden of Proof

2008-07-25T09:08:00.000-07:00

Columbus, Ohio. Attorney David A. Bressman has been represented car accident victims since 1990. The best way to have a successful outcome in your personal injury claim is to understand the how's and why's of the law that applies to your claim. One of the most misunderstood aspects of a personal injury claim is the burden of proof. The person not at fault in the car accident is the "Plaintiff" in a lawsuit filed regarding injuries sustained in the car wreck. The Plaintiff has the burden of proving all the facts necessary to win the case. This will be fleshed out in further posts. However, the language below, from instructions given to a jury, will be a good jumping off point:

The burden of proof is upon the Plaintiff to prove the facts necessary for her case by a preponderance of the evidence. Preponderance of the evidence is the greater weight of the evidence; that is, evidence that you believe because it outweighs or overbalances in your mind the evidence opposed to it. A preponderance means evidence that is more probable, more persuasive, or of greater probative value. It is the quality of the evidence that must be weighed. Quality may, or may not, be identical with the greater number of witnesses.

In determining whether an issue has been proved by a preponderance of the evidence, you should consider all of the evidence, regardless of who produced it.

If the weight of the evidence is equally balanced, or if you are unable to determine which side of an issue has the preponderance, the party who has the burden of proof has not established such issue by a preponderance of the evidence.

OJI § 3.10 and 3.50 [NOTE: OJI stands for "Ohio Jury Instructions"]

For more information, go to my website.

The "Feterle" Gambit: The Pre-Existing Condition Myth

2008-07-21T05:08:00.000-07:00

Columbus, Ohio. As an attorney who deals primarily with injuries arising from car accidents, I am often asked about the effect of previously existing conditions which were made worse by the accident. "I hurt my back years ago and now I hurt it again in the accident, do I have any rights?"

Many believe that these pre-existing conditions will prevent them from having a successful conclusion to their injury claim. In many cases, the presence of a [for example] prior back or neck injury explains why the injury occurred in the accident and why the injury takes longer to heal than for a "normal" person. One of the best questions to ask any lawyer you are considering for representation is if they are aware of the Feterle case decided many years ago by the Ohio Supreme Court. This case, who language I try to use quite often at trial, stands for the following legal proposition:

"The Defendant takes the plaintiff as he finds her. As a result, the Defendant is liable for the actual injury and damage suffered by Plaintiff directly resulting from the negligence of the Defendant. For example, if Plaintiff had a predisposition which made her more susceptible to injury; nevertheless, the Defendant is liable for the actual injury and actual lack of recovery which Plaintiff suffered as a direct result of the negligence. It is no defense that some other person of greater strength, or constitution, or emotional makeup might have been injured less, or injured differently, or recovered faster or better. " Feterle v. Huettner (1971), 28 Ohio St.2d 54.

For more information and education on your legal rights, go to my website