Indianapolis Personal Injury Blog

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Albuquerque Personal Injury Lawyers Are Not All The Same

Albuquerque, New Mexico is home to more than half the entire state’s population and continues to be one of our country's fastest-growing cities. Unfortunately, with growth comes the opportunity for an increased number of Albuquerque accidents and injuries.

Albuquerque's large population and central location make it ideal for commuters and travelers. The city's more well-known interstates and highways include: Pan-American Freeway (I-25); Coronado Freeway (I-40); Coors Boulevard; and Paseo del Norte. Many of Albuquerque's accident injury cases originate from these highly crowded roadways. (I-10 is another heavily traveled roadway; however, it crosses through the city of Las Cruces, not Albuquerque.)

Albuquerque injury lawyers should:

• Have familiarity with the Bernalillo County Metropolitan Court system
• Only practice personal injury law
• Be willing to visit you at the hospital or in your home, per your request
• Offer a free consultation and work on a contingency fee basis, meaning they don't get paid unless you do

When you choose an Albuquerque injury lawyer, you must be selective. Resist the temptation of opening a phone book and select the first injury lawyer you see. Choose a law firm with credentials and advanced technologies that will be used to help advance your injury case. A personal injury firm with a history of success and experienced lawyers will make the insurance company take your case seriously.

Keller & Keller LLP's Albuquerque Personal Injury Law Firm is located at:

505 Marquette NW
Ste. 1300
Albuquerque, N.M. 87102

A Difference Between Indianapolis Injury Lawyers And The Insurance Company

It's understandable if you tune out an Indianapolis injury lawyer who is on television talking about the underhanded practices of insurance companies. After all, Indianapolis injury lawyers have forever been seen on TV warning the public about injustices committed by insurance companies, and their message always sounds like an urgent warning: 

"Don't sign away your rights!"
"Consult with a lawyer before talking to the insurance company!"
"The insurance company is not to be trusted!"
"Don't accept a small settlement!"

No matter how much truth is behind those words, it doesn't take long before the message grows stale.

And the insurance company? Everyone knows insurance companies advertise, too, but if you pay close attention, you'll notice they advertise in a very different way. Their advertisements range a full spectrum of emotion:

Geico's commericals are well-known for their use of humor -- "So easy a caveman can do it!"

Esurance is known for its use of a cartoon character mascot named Erin Esurance and her animated .

State Farm is famous for its warm jingle -- "Like A Good Neighbor, State Farm Is There."

Allstate is recognized for its feeling of authority and security -- "You're In Good Hands With Allstate."

So why does one side--the personal injury lawyers--sound so ominous, and the other side--the insurance companies--have such a diverse voice? Unfortunately, the personal injury lawyer is only speaking to people who need him/her during a time of personal hardship.  The insurance company has the luxury of speaking to a MUCH larger audience that needs them because state laws require EVERY driver to carry minimum coverage on their vehicle, and it doesn't matter if you ever have, or had, an accident.

Despite these facts, the lawyer's and the insurance company's commercials are reaching the same massive viewing audience at the same time, and it's likely that many of the people seeing the law firm advertisement are not injured and do not need a personal injury lawyer. They'll simply cast us away with skepticism and a roll of the eyes. This is an unfortunate by-product attorneys face as we try to reach the much smaller population that IS injured and in need of our help.

Indiana injury lawyers are extremely limited in terms of how they advertise, and what they depict in their advertisements. Since this is the case, advertisements serve as one more example of how misconceptions and myths about lawyers often arise.

In response to the many misconceptions that exist about personal injury lawyers, we have put together a list of the largest myths regarding lawyers that you have likely heard, or maybe even believe yourself.

Questions To Ask A Fort Wayne Injury Lawyer

Fort Wayne is the second largest city in Indiana and the 73rd largest in the nation.  With a population over 250,000, two major interstates (I-69 and I-469), and several highways and state roads, Fort Wayne, Indiana also has the unfortunate distinction of being home to serious traffic accidents. 

If you have been in one of these accidents and are searching for a Fort Wayne injury lawyer, you need to be sure to ask the following questions:

1. Does the law firm only practice personal injury law?
2. Is the law firm AV-rated by Martindale Hubbell?
3. Are they a member of the Million Dollar Advocate Forum?
4. Has the firm been nominated “Indiana Super Lawyers” by Law and Politics
5. Does the history of the law firm prove that they are different?

The answer to all of these questions should be “yes.”
 

Keller & Keller LLP offers clients searching for a Fort Wayne injury lawyer each of the distinct advantages listed above.  And each one of these advantages will prove invaluable when dealing with a big insurance company that is attempting to settle your claim for the smallest amount possible.

With our main office located in Indianapolis, it’s important to note that Keller & Keller LLP’s advanced database software will be able to handle every aspect of your Fort Wayne injury claim without requiring you to ever visit us in person.

Bloomington Injury Lawyers Need 3 things

A Bloomington injury lawyer should possess three things:

• Knowledge of the Monroe County Court system
• A deep understanding of the culture that exists in Bloomington due in large part to a younger collegiate demographic and the home of Indiana University (IU).
• And, above all else, expert credentials in personal injury law

Keller & Keller LLP’s Indiana injury law firm has protected the rights of Bloomington accident victims since 1999.  Founded in 1936, we are a nationally recognized, top-rated personal injury law firm with offices in St. Joseph, Michigan; South Bend, Indiana; Indianapolis, Indiana; Terre Haute, Indiana; and Albuquerque, New Mexico. 

Keller & Keller LLP represents accident victims throughout the state of Indiana; however, we have experience and knowledge that is specific to Bloomington, because we have worked closely with the Monroe County Court system and Monroe County Sheriff’s Department on many of our past Bloomington injury cases.  Additionally, three of the attorneys in our Indianapolis received their law degree from IU. 
 
Our experience with Bloomington injury cases has taught us that there is a sharp rise in accidents and drunken driving incidents at the beginning of each new collegiate semester.   If you are a resident of Bloomington, or are living there as a student, it’s important that you remain hyper-aware while on the roadways.

Our offices can be reached 24 hours a day by telephone or email.  If you need to consult with (or are considering hiring) a Bloomington injury attorney, talk to Keller & Keller LLP, a leader in personal injury litigation.

Don't Let A Car Accident And Serious Injury Ruin Your 4th of July

It's no secret, Americans love the holidays, and this weekend we'll be celebrating the 4th of July.  What does this mean for those of us traveling? Crowded roadways and the possibility of a 4th of July car accident, right?  Not as likely this year, at least according to numbers.

The folks at AAA have predicted that traffic will be lighter than usual.  Why?

The combination of a weak economy and higher gas prices over the recent weeks have put a crimp in holiday travel plans.  And for those of you who like numbers:

• Last year 38 million people traveled at least 50 miles away from home.  This represents a 10% decrease from '07.
• This year you can expect 27 million people to be traveling by car or plane.  People traveling by car will drop by 3%.  However, car rental are up by 5% this year.
• The number of people taking to the airways will account for 5% of 4th of July travel.  Folks taking planes represent a 4.9% increase from last year.
• AAA says airfare is down about 16% this year. On average, passengers will pay about $169 a ticket. Car rentals are up about 5% this year.
• When it's all said and done, and we combine air travel, with car travel, etc., there will be approximately 2% less people traveling this year for the 4th of July.  

Despite the numbers, the potential for a serious car accident and injury are always present.  Leave your home early; take your time; get to your destination safely; and enjoy the fireworks!

Swimming Pool Responsibility and Risks: What are your rights if a child drowns in a pool?

At last, warmer weather is here and many homeowners are preparing for the swimming pool season.  However, the enjoyment of a swimming pool also carries great responsibilities and risk. 

Each year, more than 300 children under the age of 5 die from accidental drowning.  Drowning is the 2nd cause of death of children under the age of 5 (auto accidents still rank number 1).  In addition to child wrongful death cases, more than 2,500 children are rushed to the ER each year for near-drowning accidents, some of which result in permanent brain damage.  The vast majority of these accidents occur in private swimming pools where as little as 5 minutes and 2 inches of water is all that was required for a child to drown.  States with a short window for outdoor swimming, such as Indiana, Michigan, New Mexico and Illinois, are not immune to swimming pool accidents.  These accidents happen in every state across the country.  
 
If you're a pool owner, or thinking about purchasing a pool, please read our library article that discusses some of the risks and misconceptions surrounding pool ownership and liability.

Clients and Friends can suggest interview topics for Keller & Keller LLP and the Indianapolis Star

Keller & Keller LLP's latest community project may seem smaller than its previous endeavors, however, the reach of this new program will be enormous, and be viewed by thousands.

Each month Keller & Keller LLP is interviewed by the Indianapolis Star on various personal injury topics.  After the interview has concluded it is then posted on the Indianapolis Star's website.  Since the program started, we have invited clients, members of Keller & Keller LLP's social media groups (e.g., Facebook), and website visitors to suggest a topic of interest on which they would like to see the Indianapolis Star interview Keller & Keller LLP.

April's brain injury interview came from a client who wanted more information on Talk and Die syndrome, following the tragic death of actress Natasha Richardson. The previous month's oral sodium phosphate interview was suggested by a member of our Facebook forum that had recently used oral sodium phosphates in preparation for their colonoscopy.

The impact of this project may not have an immediate dramatic effect on someone's life, such as the case is with Samantha's House; however, it's very possible that your idea will result in a printed news story that will educate someone on a topic of which they had no previous knowledge. 

Again, if you're a client, visitor to our website, or a member of one of our social media groups, please suggest a topic of interest for consideration.  We will contact you if we have selected your topic idea and then notify you once the interview is printed in the Indianapolis Star.                

Why does it take so long to get a hearing for disability? More reasons...

The number one question our social security attorneys receive from our clients and first time callers is: "Why does it take so long to get an answer about my Social Security disability claim?"  Unfortunately, the social security system system is faced with a backlog of hundreds of thousands of disputed disability claims.  In fact, the clog is so large, some people are forced to wait years for a hearing.

The Social Security Administration (SSA) claims a simple formula helps explain the backlog: too many cases, not enough staffing, and an increase in claims that involve hard-to-prove ailments, such as depression, anxiety and back pain.  Put these together and you have a massive traffic jam.

SSA recently received $500 million in governmental aid to address the problem, but it won't serves as a magical solution to a problem that has been years in the making.  In fact, it could take 4-5 more years before the claims backlog is cleared. 

The number of Americans that receive disability has more than doubled since 1990.  In fact, currently there are 7.4 million Americans receiving disability, while the number of professional staff used to process the claims has dropped by around 5%. 

Another factor to take into consideration for the backlog is the number of people who apply for disability that are able to work, and are simply looking for assistance that they don't require.  Obviously, this only increases the wait for people who are truly disabled.

Most applicants learn that they are unable to navigate the system on their own.  As many as 85% of applicants will hire a lawyer such as Keller & Keller LLP to help prepare their paperwork, gather medical records and ready them for a hearing.

The Social Security Administration is approaching the problem from multiple angles — experimenting with electronic records to speed up medical reviews, hiring more judges and other staff, and adding offices — but the efforts only go as far as the funding.

Do you ride a bus? Do you know the risks?

The Indianapolis mass transit system is a hot topic, especially with the economic hardships facing our city.  As money becomes tight, chances are likely that at some point you will use public transit as a source of travel, specifically busses.  And whether it's a city bus (IndyGo), a school bus, or a chartered coach-style bus, the absence of safety measures and regulation is astonishing.

Our lawyers have recently posted a library item that examines bus safety and the dangers associated with being a passenger.  We ask that you take a moment to read the article and become familiar with the risks you face when traveling as a passenger on a bus.

Do I need a lawyer?

This question is a natural response following any accident that results in injury. The thought of contacting an attorney can fill a person with apprehension. Sometimes a person is intimidated by calling a lawyer, or they may have reservations about the moral implications associated with "suing."

Many injury victims clients will consult with family and friends to help them make this decision. It’s likely that they will receive both "yes" and "no" answers from those around them, and never receive decisive or informed advice. This can be very dangerous.

Truthfully, the answer to whether or not you need a lawyer is "maybe, maybe not." Without knowing the facts surrounding your accident, no attorney, and certainly no one outside of the legal profession, will be able to properly advise you as to whether or not legal representation is warranted.

Consulting with an attorney to get the basic information you need concerning your accident is often free, brief, and very informative.

Insurance Company Rules! An entertaining depiction of the insurance company

Being successful on behalf of our clients means that we must communicate directly with insurance companies every day. Whether it's regarding issues related to property damage, or our client's personal injuries, conversation with an insurance company can be a Herculean task.

In fact, many of our clients initially contacted us out of the absolute frustration they experienced when trying to deal with an insurance company after their accident.

This Insurance Company Rules video provides a lighthearted, yet somewhat frightening answer to that question!

Americans with Disabilities Act (ADA) Amendments Act of 2008

The U.S. House of Representatives recently passed the Americans with Disabilities Act (ADA) Amendments Act of 2008, originally introduced as the ADA Restoration Act of 2007. The bill would make it easier for workers to prove discrimination under the ADA.  Currently, a "disability" is defined as a physical or mental impairment that substantially limits one or more of the individual's major life activities when using a mitigating measure, such as glasses, pills for hypertension, a hearing aid; the current definition of a disability also includes having a record of such impairment or being regarded as having such an impairment.

The ADA Restoration Act (HR 402 to 17, HR 3195) redefines "disability" as a physical or mental impairment, a record of such an impairment, or being regarded as having such an impairment.  The proposed legislation also contains a rule of construction which states that the determination of whether an individual has a physical or mental impairment shall be made without considering the impact of any mitigating measures.  It also excludes minor impairments and impairments with an actual or expected duration of six months or less as disabilities.  The Act specifically includes a section with examples of major life activities such as caring for oneself, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

The legislation is now in the Senate, where it is expected to pass by the end of the year. Some media reports suggest that the Senate may actually take action before Congress takes its August recess.  However, it is not clear whether the legislation will be signed by President Bush although the Bush Administration has expressed general support for the bill.

"Hey! Why are you raising my insurance premiums?"

Ask someone why insurance companies are forced to raise their rates and you'll probably hear: "It's the fault of all these attorneys," or some variation of the sort. 

There has always been, and probably always will be, a divide in public opinion as to whether or not insurance companies and their ever-rising premiums are merely a product of aggressive plaintiff’s attorneys. Some groups (insurance companies included) argue that personal injury lawyers are sucking the insurance companies dry, leaving them with no choice but to raise premiums on their insured.  It's a great job of marketing on the part of the insurance company--it's also a very deceptive and lazy answer.

If numbers like the following were given their due attention, then the public might have a different, more feasible, justification for why their premiums are so high.

• In 2007 State Farm’s chairman and CEO received an 82% raise after the company posted record profit from the previous year–this amounts to a $5.26 million raise.
• In 2006, the same CEO earned a total of $11.66 million.
• Of that total, $9.89 million was results-based bonus. (That "results-based bonus" is largely attributed to the CEO’s ability to limit the company’s payout in claims to their insured who have suffered injury and to victims of injury caused by their insured.)
• The same CEO made $6.4 million in 2005 and $5.5 million in 2004. 
• Moreover, in 2006, State Farm generated a record $5.32 billion profit.
  

Unfortunately, the truth is that the slanted stereotype of the greedy attorney will probably always have a home in our culture, but if we look at the numbers, it makes you stop and think, "Why, exactly, is the insurance company raising my rates?"

Michigan No-Fault law

If you live or work in Southern Michigan, or Northern Indiana, in places like South Bend, Elkhart, Mishawaka, Niles, Michigan City, Benton Harbor, or Three Rivers, you may be familiar with the term “Michiana.”  The name comes from the many people in these locations who frequently travel across the state line for shopping, work, or recreation. 

Keller & Keller LLP has represented several Michigan residents that were involved in accidents while traveling into Indiana. Many times these clients have hired us because of the complexities associated with Michigan No-Fault law.  Likewise, we also have clients who are residents of Indiana but were injured in an accident while traveling in Michigan.

Michigan’s No-Fault laws are complex.  There are time considerations and limitations that favor insurance carriers, and without a full understanding of this area of law, you could lose your rights to the benefit of the insurance carrier. 

For example, if you qualify for Michigan No-Fault benefits, you must file an application with the appropriate insurance carrier within one year of the accident date, or your benefits could vanish.  Many people are unaware of this. 

Contacting an experienced law firm ensures that you will not lose these benefits.

Michigan No-Fault Law Order of Priority: Who pays my bills?

In Michigan, it is important to understand that even if the person who struck your vehicle and injured you is placed 100% at fault, typically your own auto insurance must pay your medical bills and your lost wages.

In personal injury cases arising from Michigan, determining who must by law pay your expenses is often referred to as “Michigan No-Fault Benefits.” This particular type of law is complex and filled with countless scenarios that require expert legal advice. 

The following is a helpful guide regarding order of priority in Michigan No-Fault cases:

Driver or Passenger Order of Priority
1st priority is your own insurance policy, if none then...
2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...
3rd priority is to the insurer of the owner of the vehicle occupied, if none then...
4th priority is to the insurer of the driver of the vehicle occupied, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.

Pedestrian Order of Priority
1st priority is to your own insurance, if none then...
2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...
3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
4th priority is to the insurer of the driver of the motor vehicle involved in the accident, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority
A different order of priority exists if you were operating a Motorcycle at the time of your accident, as motorcycles are not considered "motor vehicles" under Michigan law. In a motorcycle/auto collision, the order of priority would be as follows:
1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...
3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...
4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...
5th priority is to the State of Michigan Assigned Claims Facility.