St. Cloud Personal Injury Lawyer - Investigation

Question of the day: Don't Be Afraid To Ask Your Question

Mike Bryant — Tue, 30 Jun 2009 09:46:00 GMT

During the month of June, I have been addressing common questions that get asked in our practice. Today's Question is really advice: Don't Be Afraid To Ask Your Questions.

It is imperative to the attorney client relationship that you ask the questions that you have. If you are at home- write them down and call when you need to. There is nothing like information that would have help the case but for some reason was never asked about. Always keep in mind, that you hired the attorney. It's not the other way around. So if you have a question make sure you get it answered.

These questions and answers were not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How should I fill out forms?

Mike Bryant — Wed, 24 Jun 2009 09:33:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How should I fill out forms?

You should always tell the truth. Keep in mind that these forms are very important and will be looked at by adjusters, defense attorneys, and even potential jurors someday. Thus, sloppy and/or incomplete answers can play a big role in your case later on. As with signing anything, we always suggest that you consult with a skilled personal injury attorney before filling forms out for the insurance company. With your own doctor, you may want to ask them what exactly they are asking about before you fill out long questionnaires. These are very important answers, and need to be taken seriously.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: When should I talk to an attorney?

Mike Bryant — Thu, 18 Jun 2009 09:54:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: When should I talk to an attorney?

We usually suggest as early as possible. Once you have gotten through the initial issues of an accident and have seen the doctor, you have a start to the whole picture of what has happened to you. The insurance companies get out quick and will attempt to get ahead of you as far as investigation goes. It is important that you not sign anything, nor give up any of your rights until you have had a chance to talk to someone knowledgeable who represents individuals with your same issues.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I wait to hire an attorney?

Mike Bryant — Thu, 11 Jun 2009 13:15:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I wait to hire an attorney?

A lawyer's most important job after an injury is collecting evidence. Do you know what photos, papers and medical care will be important? A good lawyer knows. While it may take a long time to get your case to the point of settlement, there are many things that a skilled personal injury attorney can do to document and help prove your case. In some collisions, early investigation can mean the difference between winning and losing. Many insurance companies set the reserves for your case very early. They need to be updated to ensure that those reserves are appropriate and reevaluated. Hiring the right person helps in making the regular updates and keeps you from making mistakes by talking to the adjuster yourself.

It is often very sad for us to see damage done to an injury case becasue the clients waited to hire us. Remember, it doesn't cost any more to hire a lawyer early rather than later!

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What will my costs be?

Mike Bryant — Thu, 04 Jun 2009 13:53:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What will my costs be?

Along with each case, there are associated costs. These costs are usually investigation, medical records, medical reports, and trial costs once a case is put into suit. These are the costs that usually prevent the average person from ever being able to bring their own case. We pay these costs for you up front with the agreement that we will receive this money back with the settlement or verdict. Since this is the money we personally invest in the case, we get the money back separate from the contingent fee. Of course, our injury clients don't have to pay anything unless and until there's a recovery.

Originally posted at InjuryBoard by Mike Bryant

Investigation Of An Accident Is Very Important To Your Case

Mike Bryant — Mon, 01 Jun 2009 09:43:00 GMT

A number of my fellow Injuryboard members have been discussing the importance of talking to an attorney soon after you have been in an accident. It's worth spending the time reading:

Pete Burns : Investigate car wrecks promptly

Don Jacobs : What to do if an accident occurs

Steve Lombardi : Investigating the rollover accident in Johnson County, Iowa.

I think it's important to highlight early investigation. You can guarantee that the insurance companies are out there right away. While you are healing up and in most cases, hoping that it will just go away, they have their investigators out there talking to witnesses, taking photos, etc.

Often the insurer's investigation is unfair, or even downright criminal. Photos of horrible property damage may be lost, or never taken; the investigator may find the person from way back in line with a bizarre version of a crash, and investigators have even been known to strategically place liquor and beer bottles before taking their photos. You can be assured that the insurance investigator is rarely out there to help your claim.

A good personal injury attorney will know what to do as part of protecting and finding evidence. A smart lawyer is making sure that all the witnesses are spoken to, that photos are taken, and evidence is secured and available for future use.

Couple of recent cases I reviewed are good examples;

- A products case where the defendant showed up and wanted to take the product away and back to who knows where.

- A four car accident where the potential client was at a full stop and then hit by the other three cars. Each of those cars did investigations and sent letters saying "sorry to tell you we aren't at fault" according to their "independent" investigations.

- A defendant who said at her deposition that she had taken pictures of her totaled car and was later told by her insurance company after the property damage was fixed, there was no reason to keep anything.

All of these instances are fixable, but they can cause problems. These problems are less likely to happen if you have someone on your side that has the experience to protect your interests. In many cases in may be the difference between not being able to prove all of your case and receiving the Justice you deserve.

Originally posted at InjuryBoard by Mike Bryant

Reasons Why Accidents Happen

Mike Bryant — Wed, 27 May 2009 20:37:00 GMT

As personal injury lawyers we spend a lot of time in depositions asking questions about why things happen. I call them collisions usually because that's what they are. We've spent time investigating, talking to witnesses, and looking at evidence. Defendants will come in angry, scared, or just ready to talk. All understandable, because they got sued. Unfortunately, in Minnesota we still have to sue the person, despite the insurance company really calling the shots.

What we rarely can get information on is the background reason why things happened. It's odd to sit there and know the defendant just ran into a stopped car, went through a stoplight, or suddenly lost control of their car.

Studies have come out which suggest that there may be reasons for these incidents, that there are accident prone people, that stress can cause people to not be paying attention. This is on top of loud radios, talking on cell phones, texting, rowdy kids, speeding, and drinking causes.

It will take quick investigation to get some of this information. But, reality is that it's probably not ever going to be found in most cases, which for society is too bad, because if the background of whys was disclosed more often, it's possible that future drivers would learn from this. That's the greatest benefit of having an affective tort system.

Originally posted at InjuryBoard by Mike Bryant

The Importance Of Sleep To Driving

Mike Bryant — Sun, 22 Mar 2009 09:02:00 GMT

Recent studies are starting concerning the number of people who drive when they are tired. According to a study by the National Sleep Foundation, more than half of all adults have driven drowsy at least once during the past year; 28 percent said they've nodded off behind the wheel. This is just the people who admit to it. Other studies have suggested that early start times for schools have added a large number of teenagers to this group.

Having deposed a number of defendants, I can't remember the last time they admitted to being tired at the time of the accidents. Sometimes they admit it to the officer at the scene, but unless the investigation is immediate or they are forthright in the reason for the accident, it's unlikely that the sleepiness will be ever found out. The reality being that it's probably a major reason in a number of the accidents.

Research continues to suggest that sleep apnea may play a large role in the sleep issues , particularly in larger men. The sleep research labs suggest the following issues to keep a look out for:

Some of the most common symptoms of sleep apnea include:

excessive daytime sleepiness
snoring
gasping for air
headaches
excessive movements in bed
a partner who won't sleep in bed with you

The U.S. National Heart, Lung, and Blood Institute has more about sleep apnea.

Originally posted at InjuryBoard by Mike Bryant

Medtronic Whistleblower Case Could Change Back Surgeries

Mike Bryant — Sun, 07 Sep 2008 15:05:31 GMT

A federal whistleblowers case and a couple of legislative investigations are looking at the connection between Medtronic and the surgeons that uses their products for back surgeries. The question at the heart of each action is : Are surgeons being paid to use and recommend these products? Initial payment information suggests that this could be happening.

For the patient this could be extremely troubling. Having a surgery is very scary. To add to the decision the thought that the one you get advice from, may have a hidden financial incentive in what is done, begs the question : who can you trust?

Hopefully the investigations will get to the bottom of the issue. While many of the doctors named in the initial article did not comment, the comments from Medtronic representatives center on how important these doctors are in the development and use of the products. The Doctor's lawyer has filed motions arguing that they have done nothing wrong and they are the top surgeons in the nation.

If nothing else this issue suggests that there should be more disclosure. That the patient should be aware of what, if any, interest the doctor has beyond the actual work. That in making the surgical decisions, people should be able to know who is being paid to promote a type of product. Finally, those involved should answer questions of what payments mean, to ensure that with these very important choices the patient can be confident that they are in good hands.

Originally posted at InjuryBoard by Mike Bryant