Follow These Simple Steps To Help Your Arkansas Injury LawyerObtain A Fair Settlement For You!

Without the help of an Arkansas injury lawyer, it will be nearly impossible for you to receive a fair settlement from an insurance company. Even with the help of a qualified Pine Bluff, Arkansas personal injury lawyer or a Warren, Arkansas personal injury lawyer (or a personal injury attorney anywhere in Arkansas), there are a number of steps you must take to ensure fair treatment.

For example, your Arkansas injury lawyer will need you to…

• Prove you are hurt via the assistance of medical professionals, expert witnesses and appropriate testing
• Follow the advice of your Arkansas injury lawyer and doctors
• Refrain from talking to anyone but your Arkansas injury lawyer, your doctor, and your personal insurance company
• Seek medical attention
• Maintain accurate records regarding what took place and the injuries you sustained
• Disclose any prior injuries to your Arkansas injury lawyer

By following these simple steps, you can improve the likelihood that your personal injury attorney — your Pine Bluff, Arkansas personal injury lawyer or Warren, Arkansas personal injury lawyer — will be able to reach a fair settlement for your injuries. Call 1-866-226-7657 for a free consultation.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 866-226-7657 to set up your case review.

Special Report:

Attorney Callis Childs Reveals How Hiring a Personal Injury Lawyer After An Accident Can Put More Money In Your Pocket Than You Can Get Yourself

If you were injured in any kind of accident that wasn’t your fault, insurance companies become involved in your settlement. There’s something, though, that your own insurance company and all other insurance companies don’t want you to know.

Are you ready? Here’s the secret . . .

Insurance Industry Studies Reveal That a Personal Injury Attorney Can Get You More Money in Your Pocket than You Can Get Yourself.

This is why insurance companies don’t want you to have an attorney involved in any settlement they might offer you. Yes, your own insurance company, too. Rather, the companies and agents want to settle your claim without an attorney involved. And as quickly and as inexpensively as possible. That’s their job. The companies make more money that way.

That’s great for them. But it may not be fair to you. I’m both angry and sorry about this fact. But that’s the truth.

If you asked the insurance agent of the person who caused your injuries about this fact, if he’s honest he will give you an honest answer. But, if you don’t even know you should ask the question, that agent may very well not ever talk about this fact.

In all too many cases they’ll simply tell you that “you don’t need an attorney.” If an agent tells you that, don’t believe it you do need an attorney. They are betting that you will not know your rights or the law, will not know how to negotiate your claim, and that you will not hire an attorney to protect you throughout the process.

This, despite the fact that independent studies and the insurance industry’s own studies show that people get more money in their pockets if they hire an attorney.

Just a couple of studies, though, is all I need to show you the truth of what I’m saying. (to read the results from many more studies, go to my website at www.arkansas-injury-lawyer.com and click on the link called Accident Injury Studies).

First, is a rather dramatic CNN expose from 2007 entitled “Insurance Companies Fight Paying Billions in Claims,” was televised on February 07, 2007. http://www.cnn.com/CNN/Programs/anderson.cooper.360/blog/2007/02/insurance-companies-fight-paying.htmls. Anderson Cooper 360 investigated how insurance companies get out of paying accident victims billions of dollars

In this investigation, CNN looked at how Allstate handled its auto insurance claims, including one woman, Roxanne Martinez, when her car was hit in Santa Fe, New Mexico. Her medical bills and lost wages added up to $25,000 and Allstate offered her only $15,000 to settle. Roxanne, not knowing what to do, hired a lawyer. After fighting Allstate in court with the help of her attorney, a jury awarded Roxanne $167,000, which it felt she was entitled to receive.

According to this expose, 10 of the 12 top auto insurance companies are doing what author and law professor, Jay M. Feinman, calls the 3 D’s “Delay, Deny, and Defend” in order to save their companies money. According to Feinman’s book–which was published in 2010–this strategy was first introduced in the 1990′s as a way for insurance companies to cut their losses, and decrease costs.

However, they soon realized that they could increase their profits and make billions of dollars for their shareholders by denying legitimate claims as well. (Feinman, Jay M. Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It, Penguin /Portfolio Publishing, New York, NY, 2010).

As the book explains, if you are hurt in a minor accident, these companies will usually delay handling your claim, deny that you were even hurt, and possibly defend their decision in a long drawn-out court battle unless or until you are protected by a lawyer.

Another insurance industry strategy, according to this book and to Anderson Cooper 360 in “Keeping Them Honest: Insurance Battle” is to discourage claimants from hiring representation and to force them to walk away with a small first-time offer http://www.youtube.com/watch?v=IvPW087RiJ8s.

In fact, one former claims adjuster for Allstate, Shannon Kmatz, told CNN that she would offer parties as little as $50 in some auto accident cases. Ms. Kmatz said that people would just take the $50 fearing that if they did not, they would get nothing. It was Allstate’s belief, like most insurance companies, that people would not wait or sue and in most cases would not even hire an attorney.

Moreover, in the Allstate training manual that CNN obtained, adjusters were instructed to force “smaller walk-away settlements.” Allstate believed that people would just walk away with their first offer and the smallest amount of compensation possible even if it was not enough to cover their expenses.

What does this mean to you if you get in a wreck? It’s simple: without an attorney to protect injured parties and advise them of their rights, people simply walk away from billions of dollars that insurers keep for themselves which rightly belongs to the injured parties as compensation for their injuries. http://www.cnn.com/CNN /Programs/anderson.cooper 360/blog /2007/02/insurance-companies-fight-paying.html.

For example, you can recover general damages (i.e. pain and suffering) in addition to recovering your out-of-pocket expenses (i.e. medical costs and lost wages). But, even after paying lawyer’s fees, a client can get a lot more money than is required to pay all of out of pocket expenses. In other words, the benefits of hiring an attorney are much greater. (88 California Law Review 2421, 2000).

Here’s what another study showed: According to the 1999 Consumer Panel Survey of Auto Accident Victims, “Paying for Auto Injuries,” injured people received an average of 40% more money when hiring an attorney to represent them versus representing themselves (“Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims,” Insurance Research Council, 1999, pg. 45-52).

In addition to obtaining compensation, attorneys do other things for auto wreck victims. Briefly these services include: filing a claim or lawsuit, negotiating settlement with the other driver or his/her auto insurer, handling denial of the claim by the insurance company, the other driver not being insured, dissatisfaction with the amount of money offered, and delay in getting the claim settled (“Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims,” Insurance Research Council, 1999, pg. 7).

Here’s What This Means to You.

If you’ve been hurt in an accident and it wasn’t your fault, you really, really should hire an attorney so you don’t get taken advantage of. Unfortunately, this happens all the time.

When you hire me as your attorney, you’ll get someone dedicated solely to handling injuries just like yours and dealing with all types of accidents. I’m here to guide you through every step of the process.

We Work Hard to Get You the Best Outcome Possible and The Most Money In Your Pocket. Here’s some of the actions we take:

1. Bring in our own investigators.
2. Preserve evidence and file necessary court documents, etc
3. Take statements of opposing parties, witnesses, etc.
4. Take photos, request medical records and any other relevant documents.
5. Hire experts to evaluate your case.
6. Answer your phone calls, e-mails, or arrange personal meetings at your convenience.
7. Work with you to find and arrange any necessary medical care, medical specialists and financial resources (such as medical payments coverage) to assist with the costs of such care.

So, if you ever have an auto wreck (or any other type of accident) that isn’t your fault, then call me for a free consultation concerning your wreck. You’ll get straight talk about it, and you’ll learn your options. My number is 501-327-1700.

Sincerely,

Callis L. Childs

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

Personal injury, wrongful death, auto accident, motorcycle accident, boat accident, truck accident, SUV accident, spinal cord injury, brain injury, nursing home abuse, work related injury, backpain, major insurance claims

A Special Report – If you hire a personal injury attorney you can end up with more money in your pocket. The following report presents research that you and your family must know if or when you are in an auto wreck. Auto insurance companies are betting that you will take the first small settlement amount, if any, that they offer. They are betting that you will not know your rights or the law, will not know how to negotiate your claim, and will not hire an attorney to protect you throughout the process.

The shocking CNN expose, “Insurance Companies Fight Paying Billions in Claims,” was published on February 07, 2007.http://www.cnn.com/CNN/Programs/anderson.cooper.360/blog/2007/02/insurance-companies-fight-paying.html) Anderson Cooper 360 investigated how insurance companies get out of paying accident victims billions of dollars. CNN looked at how Allstate handled its auto insurance claims, including one woman, Roxanne Martinez, when her car was hit in Santa Fe, New Mexico. Her medical bills and lost wages added up to $25,000 and Allstate offered her only $15,000 to settle. Roxanne, not knowing what to do, hired a lawyer. After fighting Allstate in court with the help of her attorney, a jury awarded Roxanne $167,000, which they felt she was entitled to receive.

According to this expose, 10 of the12 top auto insurance companies are doing what author and law professor, Jay M. Feinman, calls the 3 D’s – Delay, Deny, and Defend – in order to save their companies money. According to Feinman’s book which was published in 2010, this strategy was first introduced in the 1990′s as a way for insurance companies to cut their losses, prevent fraudulent claims, and decrease costs. However, they soon realized that they could increase their profits and make billions of dollars for their shareholders by denying legitimate claims as well. (Feinman, Jay M., “Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It,” Penguin/Portfolio Publishing, New York, NY, 2010) As the book explains, if you are hurt in a minor accident, these companies will usually try to delay handling your claim, deny that you were even hurt, and possibly defend their decision in a long drawn-out court battle unless or until you are protected by a lawyer.

Another insurance industry strategy according to this book and to Anderson Cooper 360 in “Keeping Them Honest: Insurance Battle” is to discourage claimants from hiring representation and force them to walk away with a small first-time offer. http://www.youtube.com/watch?v=IvPW087RiJ8 In fact, one former claims adjuster for Allstate, Shannon Kmatz, told CNN that she would offer parties as little as $50 in some auto accident cases. Ms. Kmatz said that people would just take the $50 fearing that if they did not, they would get nothing. It was Allstate’s belief, like most insurance companies, that people would not wait or sue and in most cases would not even hire an attorney. In the Allstate training manual that CNN obtained, adjusters were instructed to force “smaller walk-away settlements.” Allstate believed that people would just walk away with their first offer and the smallest amount of compensation possible—even if it was not enough to cover their expenses. In other words, without an attorney to protect them and advise them of their rights, people simply walk away from billions of dollars that insurers keep for themselves which rightly belongs to the injured parties.( http://www.cnn.com/CNN/Programs/anderson.cooper. 360/blog /2007/02/insurance-companies-fight-paying.html)

What these insurance companies don’t want you to know is that hiring an attorney can help you end up with more money in your pocket. For example, you can recover general damages (i.e. pain and suffering) in addition to recovering your out-of-pocket expenses (i.e. medical costs and lost wages). According to ” “A Century of Change in Personal Injury Law,” published by the California Law Review in 2000, the amount of money that lawyers can win for their clients is much larger today than it was 100 years ago. This increase in personal injury damages is due to the amount our legal system awards to victims for pain and suffering. (88 Cal. L. Rev. 2413, 2000) If personal injury lawsuits promised victims only what they could get without filing a lawsuit, they would have no incentive to hire an attorney and file a lawsuit. However, that is not the case. If most of the money wound up in the lawyer’s pocket, the client would have no incentive to sue. But, if after paying lawyer’s fees, a client can get a lot more money than is necessary to pay all of out of pocket expenses and still have money left, then the benefits of hiring an attorney are much greater. (88 Cal. L. Rev. 2421, 2000)

According to the 1999 Consumer Panel Survey of Auto Accident Victims, “Paying for Auto Injuries,” attorneys play a very important role in the reimbursement process for auto insurance claimants. According to the survey, injured victims received an average of 40% more money when hiring an attorney to represent them versus representing themselves. (“Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims,” Insurance Research Council, 1999, pg. 45-52) Also, the number of injured victims hiring an attorney to represent them has consistently increased over the past three decades and over half (52%) of auto accident victims in Arkansas that file insurance claims also hire an attorney. (“Paying for Auto Injuries.” Pg. 6; Table A-35, Attorney Involvement by Accident State, pg. 82)

Services rendered by attorneys on behalf of auto injury victims included: filing a claim or lawsuit (54%), negotiating settlement with the other driver or his/her auto insurer (35%), and advising which doctor, chiropractor, or clinic to use for the treatment of auto-related injuries (18%). Other important reasons associated with hiring an attorney were denial of the claim by the insurance company, the other driver not being insured, dissatisfaction with the amount of money offered, and delay in getting the claim settled. (“Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims,” Insurance Research Council, 1999, pg. 7)

The Insurance Research Council wrote another article in 1994 entitled “Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs.” For the percent of dollars that are paid out by insurance companies for bodily injury claims, 85% are paid to clients who are represented by attorneys. The study indicated that these payments are about 3.7 times higher for those clients with attorneys as compared to those who do not have attorneys. For an average injury, $11,939 was awarded to a client with an attorney compared to $3,262 to a claimant with no attorney. For neck sprains or strains, the average payment to a claimant represented by an attorney was $7,918 and to a claimant without an attorney $2,480. For a bone fracture, the average payment was $39,397 and to a claimant without an attorney $19,105. For minor lacerations, the average payment was $4,771 and without an attorney $1,166. However, these amounts would be much higher today after accounting for inflation. As the study suggests, claimants who hire attorneys are likely to find themselves better off financially than those who do not hire an attorney.

Showing similar results, a 1988 study, “Attorney Involvement in Auto Injury Claims,” was conducted by the All-Industry Research Advisory Council. The study found that households reporting large losses were more likely to hire an attorney, but more importantly, the households that retained attorneys received more reimbursement per dollar of economic loss, prior to deduction of attorney fees. In fact, attorney representation in personal injury claims of $5,000 or less increases the claimant’s gross payment per each $1 of economic loss by more than two times that of claimants who are not represented by an attorney. Even with $5,000 to $10,000 in personal injury damages, a represented claimant receives $1.59 for each $1 of economic loss compared to only $1.26 by an unrepresented claimant.

In addition, more than half of these claimants who were represented by an attorney thought that the amount they received even after deducting attorneys’ fees was far greater than what they could have received without an attorney. 60% of all households that hired attorneys were completely satisfied with the settlement or award negotiated or obtained by their attorney, and 75% of the households that hired attorneys were satisfied with the overall performance of their attorney.

In the 1985 RAND Corporation studies entitled, “Automobile Accident Compensation: Vol.1 Who Pays How Much How Soon?” and “Vol.2 Payments By Auto Insurers,” conducted by the Institute For Civil Justice, claimants who were represented by an attorney were expected to receive higher compensation than those claimants who were not represented by an attorney. This was true even after attorneys’ fees were paid. The study particularly found that the relationship between the amount of general damages ”lost wages, pain and suffering” and medical loss is highly dependent on whether the claimant is represented by an attorney. Claimants in every state that were studied had a higher expected net recovery with an attorney than without an attorney. In some states, the relationship between payment for general damages and medical loss is highly dependent on whether or not the claimant is represented by an attorney.

Represented claimants not only recover larger payments on average, according to this study, but they also are more likely to recover payment for general damages than an unrepresented claimant with the same type of injuries. For example, in California claimants not represented by an attorney were paid an average of $1603 for general damages, if any money at all, and those represented by an attorney were paid an average of $3251. In New Jersey the average size of general damages paid to a claimant not represented by an attorney was $5536 and $9003 to a claimant who was represented by an attorney. This study was conducted in 1985, so today’s averages would be much more depending on each state. Thus, claimants who retain attorneys are expected to be paid much more money than quoted above for general damages on average than claimants who handle their own case when taking into account the inflation rate for today.

In 1980, a study was conducted at the State University of New York at Buffalo, “Settled Out Of Court: The Social Process of Insurance Claims Adjustment,” by H. Laurence Ross. The study focused on the effects of attorney representation and the average recovery one could expect to receive as a result of such representation. From the study, the average recovery of represented claimants was found to be from 4 to 12 times as high as that of the unrepresented claimant. In cases where the injury was moderate to severe, a represented client was expected to receive an average of $11,608 and an unrepresented person was expected to receive only $1,652. This study was conducted in1980, therefore, these amounts do not account for changes in inflation and would probably be much higher today.

A 1968 study conducted in New York City, “Dollars, Delay and the Automobile Victim,” by the Walter E. Meyer Research Institute of Law found that claimants represented by an attorney have a 90% recovery rate while claimants who represent themselves only have a 65% recovery rate. The main factor associated with greater plaintiff success was the presence of an attorney. An independent study of accident compensation conducted in Philadelphia also suggested that a plaintiff who retains an attorney improves his chances of recovery. The New York City study also revealed that the amount of money recovered for a client was over three times more when the client was represented by an attorney as compared to those people who were not represented by an attorney. The conclusion of the study was that even after a client pays attorney’s fees, the amount of money received in settlement or litigation is large enough that the client will “net” more money than if he had handled the case himself.

What the Research Studies Say

In all the research studies cited above, claimants with legal representation ended up with more money in their pocket even after attorney’s fees were paid. This was confirmed by studies conducted by the major insurance companies themselves and the most reputable research organizations in the world. In fact, in those studies, claimants who hired an attorney often recovered an average of three and

a half times more money than those claimants who did not hire an attorney when injured in an auto accident.

Hiring an attorney has its advantages for several reasons. According to the 1985 RAND Corporation study, “Automobile Accident Compensation,” attorneys are very skilled at negotiating larger settlements than an average claimant because of the knowledge base and experience. First, adequate compensation is rarely rewarded to claimants in automobile accidents until or unless they retain an attorney to protect their legal rights and to get them the compensation to which they are entitled. Second, retaining an attorney adds credibility to the client’s threat to file suit, to pursue a claim to trial, and to negotiate a larger payment. Thus, a client gains more experience, more knowledge, and more negotiating credibility and power.

The Bottom Line is–That You Will End Up With More Money In Your Pocket

Bibliography

“Attorney Involvement in Auto Injury Claims,” All-Industry Research Advisory Council, 1988.

“Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs,” Insurance Research Council, 1994.

“Dollars, Delay and the Automobile Victim,” Walter E. Meyer Research Institute of Law, Bobbs-Merrill Publishers, Inc., New York, 1968.

Feinman, Jay M., Delay, Deny, Defend: Why Insurance Companies Don’t Pay Claims and What You Can Do About It Penguin/Portfolio Publishing, New York, NY, 2010.

Griffin, Drew, Anderson Cooper 360, “Insurance Companies Fight Paying Billions in Claims,” CNN, February 07, 2007, http://www.cnn.com/CNN/Programs/anderson.cooper.360/blog/2007/02/insurance-companies-fight-paying.html.

Griffin, Drew, Anderson Cooper 360, “Keeping Them Honest: Insurance Battle,” CNN, October 2, 2007, www.financeandinsurancetips.com/videos-anderson-cooper-360-keeping-them-honest-insurance-battle/.

“Paying for Auto Injuries: A Consumer Panel Survey of Auto Accident Victims,” Insurance Research Council, 1999.

Ralph, John E., “Automobile Accident Compensation–Vol.1: Who Pays How Much How Soon?” and “Vol.2: Payments By Auto Insurers,” The Institute For Civil Justice, RAND Corporation, 1985.

Ross, H. Laurence, “Settled Out Of Court: The Social Process of Insurance Claims Adjustment,” Aldine Publishing Co., New York, 1980.

Sugarman, Stephen D., “A Century of Change in Personal Injury Law,” 88 Cal. L. Rev. 2403, 2000.

Why You Need To Hire An Attorney

Why You Need To Hire An Attorney You’ve been hurt in an accident and it wasn’t your fault. You’re worried about your injuries and about money. Now what do you do? Who’s going to pay your medical bills or lost wages? What are your options?

Option 1. Handle the stressful situation with the responsible parties’ lawyers alone. This may put you at a major disadvantage, and you could end up with less money in your pocket.

Or

Option 2. Get advice from an experienced lawyer like me who knows how the system works. I will handle everything for you, and I will not let the responsible party or their lawyers take advantage of you. I will not let them deny you what’s rightfully yours.

When you hire me as your attorney, you’ll get someone dedicated solely to handling injuries just like your’s and dealing with all types of accidents. I’m here to guide you through every step of the process. With my law firm working for you, you’ll have:

• A dedicated legal team that handles all the paperwork and hassles of your case.
• Over 30 years of legal experience and knowledge on your side fighting for you.
• Attorneys and legal staff who deal with the insurance company, so you don’t have to worry with anything.
• Peace of mind knowing you won’t owe us a penny for our legal help unless and until we get money for you.

We Work Hard to Get You the Best Outcome Possible and The Most Money In Your Pocket.

Here’s some of the actions we take:

• Bring in our own investigators at no expense to you.
• Preserve evidence and file necessary court documents such as subpoenas, etc.
• Take statements of opposing parties, witnesses, etc.
• Take photos, request medical records and any other relevant documents.
• Hire experts to evaluate your case at no expense to you.
• Answer your phone calls, e-mails, or arrange personal meetings at your convenience.
• Work with you to find and arrange any necessary medical care, medical specialists and financial resources (such as medical payments coverage) to assist with the costs of such care.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

1. Medical Payments (Med Pay) Coverage
Every car insurance company that does business in Arkansas is required to offer medical payments coverage of $5,000 per person injured in a car wreck for reasonable and necessary medical expenses caused by the wreck and incurred within two years of the wreck.

If you do not have health insurance, you should, if at all possible, have med pay (as it is also called) because it is cheap compared to health insurance and because you or a family member may be injured in a wreck and have medical bills which you can’t pay.

If you do have health insurance, you also should have med pay.

Most family medical practices will not bill health insurance for car wrecks. Nearly all of them require payment at the time of service. Med pay will reimburse you for those out-of-pocket expenses.

If you have an 80% / 20% health insurance policy, med pay could reimburse you for that 20%.

If you have a deductible that has to be met, med pay can step up and reimburse you for the amounts you have to pay for deductibles. Sometimes you may need to pay a specialist in advance for an office visit. Med pay can help in all of these situations also. Med pay is very beneficial.  If you are in a wreck, it will be very beneficial for you as well. Med pay, unlike uninsured and underinsured, does not depend on fault. If you are injured in a wreck, it pays. Like uninsured and underinsured, med pay goes with you in most situations.

Let’s say you are driving your best friend’s vehicle and you are injured in a wreck that is either your fault or not. If you have med pay on your vehicle, it pays. If you do not have med pay and he does on his vehicle, his med pay pays.

But, if neither you nor your best friend have med pay, then there is no med pay coverage and you may have medical bills which you can’t pay.

2. Total Disability Income Coverage
This coverage pays up to a maximum of $140 per week, beginning after the first week, for 52 weeks. To qualify you have to have been employed or hired to work at the time of the wreck and be unable to work, according to your treating physician, because of injuries from the wreck.

You have to show your pre-tax weekly gross income and your insurance company will pay two-thirds up to $140.

The total disability income pays whether the wreck was your fault or not. This is an extremely inexpensive coverage that you should have on your vehicle if anybody driving or riding in it is employed. No one can live on $140 per week but, when you cannot work, every little bit helps.

Total disability insurance goes with you and, in most situations, pays whether you were in a wreck in your vehicle or in someone else’s vehicle and whether it was your fault or not.

3. Underinsured Motorist Coverage
Underinsured motorist coverage is for your financial protection from the at-fault driver/ vehicle that has some but not enough liability insurance to fully compensate you or a family member for injuries and damages. Arkansas requires that liability insurance be a minimum of $25,000 per person and $50,000 per wreck.

If you are injured and have $20,000 in medical bills, $10,000 in lost wages and the loss of a leg, $25,000 minimum limits on the at-fault vehicle would not fully compensate you. The at-fault vehicle would be under insured.

You should have underinsured motorist coverage so your own insurance company will step in to provide the additional compensation that will fully or more fully compensate you for your injuries and financial losses.

As with med pay and total disability income coverage, in most cases your underinsured coverage goes with you and protects you if you are injured in another vehicle by an at- fault underinsured vehicle.

Let’s say you were driving your best friend’s car, you were injured by an at-fault driver whose vehicle has minimum limits of $25,000, your friend does not have underinsured motorist coverage, and you have $20,000 in medicals bills, $10,000 in lost wages and the loss of a leg.

The at-fault vehicle’s $25,000 minimum limits would not fully compensate you. Your underinsured motorist coverage with your own insurance company would then step in and could provide up to the limits of your underinsured motorist coverage. You should have at least as much underinsured coverage as you do liability.

4. Uninsured Motorist Coverage
This coverage will provide compensation to you and any other family member injured in a wreck because of the fault of a driver and/or vehicle that has no liability insurance. If this happens, your own insurance company steps in to provide compensation for your injuries.

This is important because I have read reports in the past that one (1) out of four (4) vehicles on the road in Arkansas was not insured. I have also recently read reports that, because of our severe recession, many owners are dropping their liability insurance because they simply cannot afford to pay for it. I estimate that now at least one (1) out of three (3) vehicles in Arkansas is not insured.

As a result, if the wreck was caused by the fault of the driver of an uninsured vehicle and you do not have uninsured motorist coverage, you could suffer financial losses.

It is very important for you to financially protect yourself and your family by obtaining uninsured motorist coverage which will compensate you and your family for injuries and damages if injured by an at-fault uninsured motorist. Your uninsured motorist coverage covers your vehicles, and in most cases, also goes with you and protects you if you are injured in a wreck while driving or riding as a passenger in someone else’s vehicle.

Let’s say you are driving your best friend’s car, you are injured in a wreck caused by the fault of another driver who is uninsured and your best friend does not have uninsured motorist coverage. Then, in most cases, your own vehicle’s uninsured motorist coverage will step in and provide compensation for your injuries. You should have at least as much uninsured coverage as you do liability.

5. All of Your Vehicles Have to be Insured to Have Coverage in Someone Else’s Vehicle
Now, there’s one thing I need to make crystal clear: Medical payments, total disability income, underinsured motorist and uninsured motorist coverages will protect you and your family in someone else’s vehicle, in most cases, BUT only if all of your vehicles have medical payments, total disability income, underinsured and uninsured coverages.

Here’s one example. Let’s say you have two vehicles. The newer one has medical payments, total disability income, underinsured, uninsured coverages and the older one has liability only. You would be protected if you were injured in a wreck in your newer vehicle but not the older vehicle. You would also not be protected in someone else’s car in a wreck because the old vehicle did not have medical payments, total disability income, underinsured motorist and uninsured motorist coverages.

6. Prior Rejections of Medical Payments, Total Disability Income, Underinsured Motorist and Uninsured Motorist Coverages Last Forever if Not Changed
Arkansas law requires every automobile insurance company that does business in Arkansas to offer these coverages. It also provides for rejection of them. If you do not have medical payments, total disability income, underinsured motorist and uninsured motorist coverages, it is because you or somebody acting on your behalf has checked and signed a document, when the insurance was first purchased, which rejected these coverages.

Understandably, many people try to get the lowest price possible on their vehicle insurance and only get what is the minimum required by law . . . which is liability for bodily injury and property damage and what may be required by a car loan which would be uninsured motorist property damage, comprehensive and collision to pay for the car if it is wrecked.

If your spouse or a friend goes to buy the insurance, he or she can reject medical payments, total disability income, underinsured motorist and uninsured motorist coverages for the vehicle and that rejection stays in effect for both spouses and friends for all subsequent vehicles until it has been changed.

For example, if you do not have uninsured or underinsured motorist on your car now, and you trade it in and buy a new car and transfer your insurance policy to your new car, you will still not have these coverages.

If you do not have these coverages now, you will not have them until you go to your insurance agent or company and get these coverages on your vehicle(s).

In my experience representing clients who have been injured in car wrecks, my clients that have had medical payments, total disability income, underinsured and uninsured coverages have come out in much better shape financially than those who did not.

Again, call your car insurance agent or company to find out if you have these four (4) coverages and, if you do not, obtain them. A binder is a document from your insurance agent or insurance company which states that an insurance coverage has been issued. Request a binder when you obtain these coverages because they go into effect at that moment.

Finally, if you are still undecided or have questions about these coverages, I will be happy to meet with you or talk to you about them for free because these coverages have been so financially beneficial to my clients injured in wrecks.

” The Three Biggest Mistakes Most People Make After They’ve Been Injured In Any Kind of Accident”

A Special Report

Mistake #1

The Health Mistake You Could Regret For Years . . . And How To Avoid It

If your accident caused serious injuries I know you’re already getting medical treatment. Which is exactly what you should do.

But what if you haven’t been seriously injured . . . or at least you think it’s not serious?

I’ve seen many clients–both male and female–who were keyed up with adrenalin right after their accident and were just glad to be alive. They didn’t have any blood gushing and didn’t realize that they had some damage–soft tissue injury, such as a sore neck or back–that doesn’t show up for a day or two. Then they can’t get out of bed or bend over. This is typical.

But believe me, these injuries can be very serious even though you can’t see them on an X-ray. They can lay you up for weeks, months, or even years. If this description fits you, you need to go see a physician who is experienced in soft tissue injuries and get into treatment right away.

But be forewarned. The average family practitioner doesn’t know how to handle these soft tissue cases. And making yourself well has to be your number one concern.

If you don’t get the care and treatment you need, first of all you’re going to be laid up much longer than you need to be–and if you’re like most people, you simply can’t afford the luxury of just taking it easy for up to a year. Second, if you have a damage claim, waiting makes it look like you’re faking it.

So there’s no reason not to see a doctor right away.

Mistake # 2

Not Learning Your Legal Rights

I know you’re probably concerned with how you’re going to pay for this medical care and other bills. That’s where your legal rights come in. They cover far more than just medical bills.

Simply put, any time you’ve been injured in an accident caused by somebody else, you have a right to be reimbursed for your medical expenses, for your lost wages, for your loss of future quality of life, for your pain and suffering. Past, present, and future.

If you don’t know what your rights are, how can you possibly expect to get a fair settlement for the full money damages you’re entitled to?

Mistake #3

Not Understanding Other Common Pitfalls

Warning:  Calling Chiropractors

 If you have started chiropractic treatment after being called and encouraged to do so, you have shot a hole in your claim for compensation.  The insurance company lawyer for the at fault driver will make mince meat of you should a trial be necessary and the insurance adjuster will discount any offer to be made for your injuries.

 If you need treatment, see a chiropractor or a medical doctor of your choice and not someone who has called and solicited your treatment.  Otherwise, the soliciting chiropractor will get the gold  and you will get the shaft!

You’re also going to be faced with something else. If it hasn’t happened to you already, I can assure you that you’re going to be contacted by “representatives” of lawyers and/or chiropractors–calling you or even visiting you in your home or in the hospital. They’ll be trying to solicit your personal injury claim.

As a service to you, I’d like to tell you what you need to watch out for.

Whether you hire me, hire another attorney, or work out your settlement by yourself, it is critical that you know the following:

1. First of all, don’t sign any forms that are blank. These runners, as they’re called, will take these blank contracts and sell them to whichever lawyer pays them the most money, not necessarily the best lawyer. Check out the lawyer. Make sure there is a lawyer out there. Don’t sign anything until you go to a lawyer’s office.
2. Second, don’t discuss your case with anybody except your attorney, your doctor, and maybe your own personal insurance agent.Unless your injury is trivial, I have to tell you that you should have a lawyer. Since you can get an attorney to help you by agreeing to pay him from your recovery, you’re risking a lot by not having one.So if you either have an attorney or are thinking about hiring one, don’t talk to the other guy’s insurance company.And regardless of that, don’t talk to people who call you and say they are from the credit bureau and they are checking on your case. Don’t talk to anybody who solicits you over the phone, period. I wouldn’t talk to anybody that just showed up at your house, because you’re being set up. Refer them all to your attorney.
3. Third, don’t you dare sign any release from liability unless you’ve gotten a lawyer to approve it. Because once you settle your case, it’s finished.

The case is over. You can’t get anything else.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

INSURANCE PREMIUMS, RATES AND CLAIMS, AND INSURANCE ADJUSTERS.

A Special Report

In addition to knowing about the three common mistakes that you are most likely to make, I would be short-changing you if I did not cover other issues that you must know about.

INSURANCE AGENTS

Insurance agents are the nicest people in the world.

They make their living by selling insurance coverages to people just like you; life insurance, homeowner’s insurance, car insurance and hundreds of other kinds of insurance coverages that most people have never heard about.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

Your insurance agent is paid on a commission basis. Simply, that means that he or she receives a percentage of the monies–which are called premiums–that you pay to the insurance company. So, it pays for insurance agents to be nice so they can sell you as much insurance coverage as possible and collect as much commissions as possible. The insurance agent is the nice side of the insurance business.

The insurance agent not only gets paid a commission, but he or she also gets paid an extra amount based on what is known as their loss ratio each year. Their loss ratio is determined by comparing the money that comes in to the insurance company as premiums and the money that goes out of the insurance company for various kinds of claims.

A claim is money that the insurance company has to pay out for an injury or a loss. An example would be a fire loss of your home. If your home burns down because of a short in your wiring, your own insurance company would pay a claim to you which would be for the loss of your home.

In a perfect world for an insurance agent, his or her insurance company or companies would collect all of the premiums that you, the customer, agreed to pay and you, the insured, would never do anything or have anything happen which would cause a claim to be made against your insurance company; no fires, no hail storms, no wrecks, no illness, etc.

The reason that your insurance agent wants this to be a perfect world with no claims is because, if there are no claims, your insurance agent is going to get extra compensation in the form of a bonus.

The more claims that are filed and/or paid on an insurance policy, then the less bonus there is for the agent.

What this means is that, when you have a claim which is covered by your paid-up insurance policy, your agent, depending on his or her character, may or may not tell you about the benefits that are available to you which you have paid for.

Let me give you an example

A young, married, working woman, with a husband and children, was injured in a car wreck. They came to see me because of her injuries but primarily because they were having such a difficult time paying their every day living expenses, since she was out of work, and her medical bills from the wreck were piling up dramatically.

They brought with them a document which showed the different insurance coverages that they had on their own vehicle. That insurance paper showed that they themselves had paid their own insurance company a separate amount to pay her medical bills from the wreck and to pay her wages lost while she was unable to work after the wreck.

Their dismayed comment to me was: “My insurance agent never said anything about that.” Their agent did not want them to collect the medical payment benefits and the lost income benefits because it would affect, or could affect, his or her loss ratio bonus at the end of the year.

You see, your insurance agent–if you have these additional coverages that you paid for by separate premiums–will always have a choice to make. And this choice may have bad financial consequences for him or her.

If he or she tells you about your different insurance benefits, then you will benefit by collecting them because you paid for those coverages. That may aversely affect his or her loss ratio bonus. If he or she does not tell you about the benefits that you are entitled to, then you do not know to obtain those benefits, and his loss ratio bonus is improved.

Your agent may not have enough character to tell you what your insurance benefits, under your own insurance policy, are.

In addition, the insurance company that he works for, or sells for, may have specific rules which prohibit him from giving you the information that you need so that you can claim these benefits that you paid for as part of your premium.

The point is that you may not get accurate and complete information from your insurance agent about your insurance benefits.

INSURANCE PREMIUMS, RATES AND CLAIMS

You should have a document from your car insurance company that lists your “declarations.” That is, “declarations of coverages,” “coverage,” etc. This document should break down into the different kinds of coverages that you have on your vehicle or vehicles.

The first item listed is liability for personal injury and for property damage. Liability is a coverage, which every vehicle is required to carry, which provides compensation if your vehicle causes personal injury to some other person, or damage to their vehicle or property.

Newer cars’ policies generally then list comprehensive or collision coverage with or without a deductible. Then the declarations page will list other coverages such as medical pay coverage, income disability coverage, wrongful death benefit, uninsured motorist, underinsured motorist, rental, emergency road service, towing, etc.

The important point about these different coverages is that your insurance company charges separately for them, and you pay a separate amount for each one of these separate coverages.

Let’s suppose that your vehicle breaks down on the interstate and you have to have emergency road service and a towing bill. You have paid your own insurance company a premium to cover those charges.

Obviously, you should have your insurance company pay them. You paid them the premium and they agreed to pay the charges if you break down on the highway and you have to be towed. In other words, you paid for the coverage and your insurance company should pay what the towing company charges you.

In Arkansas an insurance company cannot raise your rates because of a wreck that was not your fault.

You should receive the financial benefit of the insurance coverages that you have paid for.

INSURANCE ADJUSTERS

Just above I discussed insurance agents. They are the nice people who sell insurance and they make their living based on their success in persuading you to buy insurance from their company or through them from another company.

Now, let’s discuss insurance adjusters. They¹re very different from agents. In fact, they are not so nice because their job is to close a file as cheaply and as quickly as possible.

Insurance companies are very simple to understand. They take money in as premiums and they pay money out for salaries, buildings, advertising, utilities, etc. and for CLAIMS. Money in, money out.

Insurance companies spend billions of dollars every year to tell you how nice their agents are. And they are. What they do not tell you is that on the claims end they have adjusters who are not so nice.

An insurance adjuster is usually bright, articulate, well educated, well trained, personable and capable. They work as an employee of the insurance company or as a middleman for an insurance company to close your claim as cheaply and quickly as possible. They are not your friend.

They are not my friends either. They know that my responsibility is to get you every dollar of compensation that I can that you are legally entitled to receive.

Why You Shouldn¹t Talk To An Adjuster Yourself

You should never attempt to resolve or settle a claim with an insurance adjuster by yourself for many reasons. The primary reason is that he or she knows exactly what they are doing and you don’t have a clue.

Remember, his or her job is to get you to settle your claim as cheaply as possible. He or she is not interested in what is fair. His or her loyalty is to the company.

The second reason is that the insurance adjuster settles claims based on values which are not compatible with your values.

An adjustor is looking for weaknesses not virtues. If you are less educated, unemployed, elderly, a minority member, housed in a manufactured home (trailer), then your claim is worth less to him or her than if you are well educated, employed, middle aged, white or living in a brick home in suburbia.

When you communicate with an adjuster by yourself you are making a potentially serious mistake. Because your tone, grammar, accent, choice of words, volume, etc., may provide him or her with information. The more information they have, the less valuable is your claim.

Even if you are well educated, rich, self assured and live in a mansion, you still should not communicate with an adjuster. You may have a trace of arrogance, suspiciousness, impatience or other slight flaw which can be exploited by an insurance defense attorney and which, thus, reduces the value of your claim.

The third reason that you should never talk to an insurance adjuster is because it is extremely difficult, both psychologically and emotionally, to insist on being compensated for injuries. It is similar to asking for help.

The real difficulty to asking for help is within each one of us. Nearly all of us have family, friends, co-workers, members in our church, etc. who would be glad to help if they were only asked. The asking is the primary roadblock to help

Speaking with an insurance adjuster about one’s injuries or a family member’s injuries is very similar to asking for help for oneself. There is no solid moral and/or psychological ground to stand on to ask for help. And, one should always be nice when asking for help or for compensation for injuries.

There is something that is very powerful about having someone speak for you and for your benefit.

Having an attorney to represent you regarding any kind of problem is powerful.

There are two words in the English language that describe this power: synergistic and synergism. What they mean, essentially, is that something has greater power or impact than one would expect from simply looking at the relationship.

The attorney / client relationship empowers the client to ask for help, which is compensation, and it empowers the attorney, who probably could not request help or compensation on his or her own behalf, to demand and obtain help, i.e. compensation, for the client.

This entire attorney / client process empowers the client to be compensated and it empowers the attorney to obtain the compensation.

Callis L. Childs

Callis Childs is an injury lawyer in Arkansas with years of experience helping victims of car accidents.

Attorney Childs is a graduate of Vanderbilt University School of Law and has been practicing law for over 35 years. He is an injury attorney in Arkansas that will do everything it takes to obtain the compensation you rightly deserve.

If you’re looking for an injury lawyer in Arkansas that offers a free consultation and does not get paid unless you do, trust in the experience of Callis Childs. Call 1-800-537-5534 today.

A Special Report

Yes, it’s true. Insurance companies don’t want you to know certain things. But once you know the factors that force them to come to terms with you, they no longer have the upper hand. So here are the five keys you must follow to get fairly treated by insurance companies.

1. Number one, you’ve got to prove that you’re hurt, and one of the ways you do that is by objective medical findings. There are very scientific tests that can be done to tell whether or not you have injuries. Everything you say you have to be able to back up with facts and with expert witnesses.
2. Number two, follow the advice of the professionals who represent you. That is, your doctors and your lawyers. And you can talk to your insurance company if you’ve got injuries.
3. Number three, I need to re-emphasize that you shouldn’t talk to anybody else about your case, other than those people or somebody in their office.
4. Number four, if you’re in pain, seek medical help. Be truthful about your injuries. Don’t play brave and say that you’re not hurt if you actually are.
5. Number five, you have to keep good records about every aspect of your injury. You must have vital information about the other guy (his license number, his address, his telephone number, his passengers), insurance information on him, the witnesses, information regarding the location of the accident, who investigated, pictures of vehicles and the scene of the wreck if you were injured in the wreck, pictures of injuries showing bruises, stitches, accident report, etc.
6. Number six, tell your medical provider about any prior injuries or problems which is or may be related to your current injuries or problems. Do not assume that your medical provider knows about prior injuries or prior problems. If you have not told your medical providers about prior injuries, do so when you go back for more treatment.

That’s basic.

But you’ve also got to keep all your medical bills, doctor bills, ambulance bills, and the bills of people you’ve paid to help you.

And it’s extremely important that you keep a diary and write down everything that’s happened. All the things that have affected you as a result of this injury, because if we end up going to trial we can use that to refresh your memory, we can use it as an indication of what was going on at the time, especially if you have a soft tissue injury or a serious injury.

The diary is so important because it’s a writing made at the time of the events.

I’d Like To Do Something Special For You..Absolutely FREE Of Charge And Without Further Obligation!

I’d like to buy you an hour of my time to discuss anything that may concern you about your injury claim. So please call me now at 800-537-5534 to set up your case review.

Callis Childs is an injury lawyer in Arkansas with years of experience helping victims of car accidents.

Attorney Childs is a graduate of Vanderbilt University School of Law and has been practicing law for over 35 years. He is an injury attorney in Arkansas that will do everything it takes to obtain the compensation you rightly deserve.

If you’re looking for an injury lawyer in Arkansas that offers a free consultation and does not get paid unless you do, trust in the experience of Callis Childs. Call 1-800-537-5534 today.

A Special Report

Medical Studies

1. A study entitled “Symptomatology and Treatment of Injuries of the Neck” written in 1955 noted that “Severe damage to the neck very often occurs in automobile accidents, especially to persons who are in a head-on collision or are sitting in a stopped or slowly moving automobile which is hit in the rear.”

It also notes that “we cannot emphasize too strongly that symptoms may be delayed for months or even years.” (Braaf, M.D., and Rosner, M.D., in the New York State Medical Journal, January 15, 1955).

2. The study “Survey of One Hundred Cases of Whiplash Injury after Settlement of Litigation” concluded a number of things. Dr. Nicholas Gotten, M.D., the author of the study said that “the effect of . . . rapid deceleration [caused by a car wreck] is to cause a stretching of the muscles and ligaments of the neck and possibly some edema, hemorrhage, and even direct trauma to the nerve roots.”

He then went on to say that in his study “in most instances the initial evidence of injury seemed trivial or minor, and, indeed, many times the patient, himself, belittled the injury, saying “I did not think I was hurt” or “I thought nothing of it.” He continued on his way, only to have symptoms develop several hours or even days later.

In such instances, where there was little or minor evidence of trauma upon physical examination, chronic, persistent symptoms unresponsive to treatment frequently occurred.” (Nicholas Gotten, M.D., in the Journal of the American Medical Association, October 27, 1956).

3. In their study concerning neck injury to women in auto accidents, the researches concluded that in many cases the onset of disability didn’t occur for 2 to 69 days following their accident (Charles Schutt, M.D. and F. Curtis Dohan, M.D., Journal of the American Medical Association, December 16, 1968).

4. “Soft Tissue Injuries of the Neck” reports that in accident cases where their are no obvious injuries, “a patient examined soon after injury may show free and painless neck motion, no local soreness and no muscle tightness. After a few hours some tender enlargement of over-stretched muscles is frequently noted together with tightness, spasm and limitation of neck motion. Patients with . . . moderate to severe injuries may still show tightness and soreness for weeks.”

It also notes that the cervical curve should be determined because certain deviations of it from the norm indicate poor prognosis for recovery.. Finally, they summarize by saying that “Despite all methods of treatment there are patients . . . who develop degenerative disk changes in the years after injury.” (Mason Hohl, M.D., Clinical Orthopaedic and Related Research, June 1975)

5. In a study by Mackintosh and Fleming in Cambridge, England, titled “Cardiac damage presenting late after road accidents,” the authors report on six cases of heart damage that only became apparent after the accident. They note that the heart damage showed up from two days to 17 years later. “As the patients were young or had unusual lesions, the damage could be attributed to the accident.” (Alan Mackintosh, Hugh Fleming, M.D., Thorax, 1981)

6. In a study from July 1985, relating to mental injury rather than physical injury, the authors told about two patients who suffered delayed posttraumatic stress disorder resulting from car wrecks. In one “the onset of symptoms was delayed 4 months in Ms. A and 12 months in Ms. B.” (Yes, both patients were successfully treated.) (Allan Burstein, M.D., American Journal of Psychiatry, July 1985)

7. Another study noted an individual whose “cervical disk herniation” didn’t appear until three weeks following the injury (Bennett Blumenkopf and William Bennett, “Delayed Presentation of Posttraumatic Cervical Disk Herniation,” AJNR, July/August 1986)

8. Yet another study described the case of a 14 year old boy wearing a seat belt who sustained serious internal injury “without immediate symptoms or signs.” (A K Upadhyay, Journal of the Royal Society of Medicine, July 1989)

9. One last study you should know about is from a 1991 textbook. The author first notes that “a paradox existed in that seemingly inconsequential trauma resulted in a clinical problem of extraordinarily lengthy duration.” He found that “Medical evaluation following the accident generally detected little by way of injury and treatment recommendations were minimal.

However, with the passage of time, the physical symptoms worsened . . .” He cites two other study studies which showed that the onset of symptoms can easily be delayed from three to 48 hours following the accident. (Henry La Rocca, M.D., in The Adult Spine: Principles and Practice, 1991)

Number one, they don’t provide information to their clients about their cases. They’re inaccessible, they don’t return their phone calls, they don’t let their client know about his/her case. And they don’t have anybody on their staff who is authorized or capable of letting the client know what’s going on.

They just don’t communicate well.

The first thing that I do that other people don’t do is that I talk to the client. I conduct the initial interview and spend usually an hour and half with each client at the beginning. I give them the names of who to call on my staff if they have any questions, or if any problems
come up.

I tell them that if they have an emergency they can reach me 24 hours a day, either during office hours or calling my answering services after office hours.

If we don’t hear from a client every two to three weeks I write them a letter. I say call us, let us know. We need to know what’s going on.

If something goes bad with their case and I have to drop it because I can’t get them any money, I tell them why I dropped it.

I just try to communicate.

The second most common mistake is that lawyers try to do personal injury as part of a general practice rather than concentrating on just personal injury. And that often causes the personal injury cases to be neglected. Emergencies occur in a general practice every week. The attorney is not able to consistently invest the time in your personal injury case that it needs so that it can be resolved for its value as soon as possible.

The third biggest mistake is that lawyers do not plan for the worst. Some lawyers are pollyannaish about their cases, believing that they’ll be able to settle them ­rather than having to try them. And they don’t do the things on the front end that need to be done if the injury case has to be tried to a jury.

They do not investigate it, they don’t get pictures of their client’s injuries or of vehicles or equipment or location of where the injury took place. They do not identify, locate and interview witnesses. They do not investigate the actual mechanics of the injury.

I’d say that the fourth biggest mistake lawyers make is that they don’t investigate and obtain records of prior injuries and/or prior medical treatment. This is tremendously important because that determines whether you have a claim for essentially a new injury or there is a claim for the re-activation or worsening of a medical condition or problem that the injured party already had.

It’s new versus what lawyers call aggravation of pre-existing condition. And that is critical because it’s a trap for the client.

Because if the client deliberately or carelessly presents his injury as a new injury to their doctor or their
specialist or their lawyer or the jury, and it turns out that it’s an aggravation–it’s something that was made worse by their injury–then they’re going to get destroyed. Their credibility is going to be damaged.

Arkansas law provides full compensation for BOTH new injuries and for worsening of prior medical problems and conditions. However, the injured party must tell the medical provider about these prior medical conditions and problems.

On the other hand, if the attorney is thorough at the beginning of the process, this problem of the injured party’s lack of believability can be avoided.

But lawyers take what their client tells them at face value, and then they and their client gets blown away. So I guess this comes back to the fact that they don’t obtain enough information about prior injuries at the beginning.

I think the fifth mistake that some lawyers make is not being realistic with the client about the value of the claims. So there are a lot of clients that are disappointed with what they receive and think they were sold out. This is a failure of communication and failure of preparation of the client about the realistic value of the claim.

A sixth common mistake lawyers make in PI cases is that they do not start them immediately. One way to compare the way most lawyers work on PI cases is to compare them with the way that adjusters for insurance companies work.

An adjuster for an automobile insurance company immediately goes and obtains pictures of the vehicles and the scene, and has telephone interviews with the injured party and any witnesses. They have a checklist and they do everything on the checklist as soon as possible. They do it because it’s important to collect this information shortly after the accident while details are still fresh in everyone’s mind.

Some lawyers put off doing the actual nitty gritty of the investigating of the case until just before trial–which is a terrible mistake. Attorney Childs is interested in cases involving:

• Baby Birth Injuries/Death
• Injuries to Children
• Nursing Home Neglect and Abuse
• Medical Malpractice
• 18 Wheeler and Other Wrecks
• Death Claims
• Recalled Drugs/Medical Devices Injuries/Deaths
• Dog Bite Injuries
• Offshore, River & Railroad Injuries
• Out-of-State Injuries
• Casino/Resort Injuries
• Work Injuries
• Farm Employee Injuries
• Social Security Disability

1. Failing to inform your doctor of all your injuries and pains including prior injuries and conditions.
2. Failing to obtain needed medical treatment after your injury.
3. Failing to follow your doctor’s orders for treatment.
4. Failing to follow up on medical treatment once started
5. Speaking to an insurance representative for the party at fault and giving a statement of any kind; taped or not.
6. Making a statement to any insurance company without your attorney’s presence, knowledge, or approval.