JMW Assist To Win $550K Lawsuit Against Former Vermont State Trooper
Jarvis, McArthur & Williams • March 1, 2018
A Chittenden County woman will receive $550,000 as part of a settlement of a lawsuit against former Vermont State trooper Timothy Carlson. The woman says the trooper unlawfully arrested and detained her in a 2010 traffic stop.
Fata Sakoc filed the lawsuit against the now-former state trooper in 2011. Parties reached a settlement and agreed to dismiss the case on Monday several weeks before a jury trial was scheduled to begin.
“There was just never any basis for any criminal charge, and there was never any basis to even arrest her,” said one of her lawyers, Brooks McArthur, on Monday. McArthur and David Williams represented Sakoc in the case.
McArthur said he believes this settlement is the largest in a federal civil rights “false arrest case” in Vermont history.
Sakoc, who is originally from Bosnia, was never criminally charged after the traffic stop, but the stop “had a significant impact on her employment and mental state,” McArthur said. Specifically, McArthur said Sakoc was no longer able to work as a licensed nursing assistant because the arrest triggered post-traumatic stress disorder stemming from her experiences in Bosnia.
“It’s taken a long time for her to get back to a place where she can trust law enforcement,” McArthur said. He added that she has not worked as a nursing assistant since the incident.
Assistant Attorney General David McLean said the state and its insurance company will pay the $550,000. McLean said that Carlson is not admitting any wrongdoing by settling. McLean was one of two attorneys from the Attorney General’s Office representing Carlson.
“We believe that Trooper Carlson behaved appropriately throughout the stop, he was very respectful to Ms. Sakoc,” McLean said. “He was attempting to fulfill his duty to protect public safety.”
McLean said the settlement amount was determined, in large part, by the state’s insurance carrier “who wanted to resolve the risk of moving forward with litigation.”
“It’s a case that involved a unique set of facts and a unique victim,” McLean said. “Were it not for the specifics of this case, I don’t think that we would have settled the case for this amount.”
Court papers show that Carlson’s last day at the Vermont State Police was April 28, 2013. Vermont State Police records show he resigned. He joined the U.S. Army when he left the police agency, according to court records.
According to a judge’s order in the case, Carlson stopped Sakoc’s vehicle while she was driving on Vermont 15 in Essex on her way home from a shift at The Converse Home, a residential care facility in Burlington. She had a headlight out on her car.
The opinion states that Carlson began questioning Sakoc and he believed her responses to be delayed. He asked Sakoc to get out of the car, and he asked her to go through field sobriety tests. The order states that Carlson then asked Sakoc to undergo a breath test used to detect alcohol.
Sakoc, a Muslim woman, told Carlson that she never drinks alcohol and that she needed to go because she had a baby at home, the opinion states. Sakoc eventually consented to take the test, which resulted in a 0.00 percent blood alcohol content. Carlson then requested a drug recognition expert come to the scene, noting that Sakoc “bombed that field sobriety.”
An unidentified officer on the scene asked if there was any “bad operation.” Carlson responded, “No, a headlight out.”
South Burlington police Officer Matt Plunkett, a drug recognition expert, then responded to the scene. Carlson told Plunkett that Sakoc engaged in erratic operation and cut in front of another car, nearly causing a crash, the judge’s opinion said.
Carlson asked Sakoc if she was on any medications, and Sakoc said she had not used any medications that evening, the opinion states. Sakoc was then placed under arrest on suspicion of driving under the influence of drugs.
Carlson brought Sakoc to the University of Vermont Medical Center to obtain a sample of her blood. She was released around 3:30 a.m., the opinion states. The blood analysis came back clear of any drugs.
In May 2015, Judge Christina Reiss ruled in favor of Carlson and dismissed the case. The Second Circuit Court of Appeals overturned that ruling and sent the case back to the federal district court. The Second Circuit’s decision states that Sakoc presented evidence that this was Carlson’s first DUI arrest and “he was motivated to arrest her so as to satisfy the completion of his field training.”
McArthur said Sakoc is pleased with the settlement as it will allow her the freedom to continue to work on overcoming her post-traumatic stress disorder triggered by the stop and to spend time with her family.
“It was a really complex case with a lot of significant legal issues, and both sides worked hard throughout the process,” McArthur said. “We reached a settlement that we’re satisfied with.”
Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation.
Divorce ranks very high on the list of most stressful life events. And while it’s natural to feel grief about the dissolution of a marriage, spouses also need to consider more practical implications, including the effect on their bank accounts.
VT Digger reports that newly released federal information reveals five Vermont nursing homes that are shortlisted candidates for heightened governmental supervision.
If you are arrested for drunken driving in Vermont., there are several things that are going to happen that will cost you significant hardship, stress and maybe money. If you are convicted of driving under the influence and you want to get your driving privileges back, you will need to satisfy a number of requirements. Contact one of the experienced Vermont DUI attorneys at Jarvis, McArthur & Williams to learn more.
The Insurance Negotiation Process If you file a personal injury claim with an insurance company after an accident, you must be prepared to negotiate a settlement with the claim’s adjuster. The attorney’s at Jarvis, McArthur & Williams have extensive experience negotiating with insurance claims adjusters. Negotiating a settlement is part of the personal injury claims process, which begins when you report your injury to the insurance company and file a claim. If you decide to accept the insurance company’s settlement offer, the personal injury claims process will end at that point with the person that injured you or your insurance company if you are making a uninsured or underinsured motorist claim. In the alternative—and in consultation with an experienced attorney at Jarvis, McArthur & Williams—you may reject the insurance company’s offer to settle and pursue a lawsuit. Please keep in mind that many times individuals do not understand that settling with an insurance company does not relieve the injured party from their obligation to satisfy any insurance liens that exist as a result of settling a case. The best course of action is to always contact one of the experienced personal injury lawyers at Jarvis, McArthur & Williams to seek advice. This page provides basic information about the personal injury insurance settlement negotiation process. It may not apply to you, and is not a substitute for consulting with an experienced personal injury lawyer at Jarvis, McArthur &Williams. Although it may be possible to secure a favorable insurance settlement on your own, hiring a personal injury lawyer offers you the best chance at receiving the maximum amount of compensation for your injuries and other losses after an accident. The Personal Injury Claim Process The personal injury claim process begins when you report your injury and initiate a claim with the at-fault party’s insurance company (or with your own insurance company in the event of a first party claim, such as when the at fault driver did not have insurance or had inadequate insurance—known as underinsured or uninsured motorist coverag), and ends when you decide to accept or reject the final settlement offer from the insurance company’s claims adjuster. It is helpful to think of negotiation as part of the entire personal injury claim process. At each step, you should be advocating for the highest possible settlement. The claims adjuster will be trying to diminish your claim in an effort to pay you as little as possible. You should become familiar with the basic negotiation steps discussed below. The more familiar you are with the personal injury claim process, the better prepared you will be to negotiate a settlement that fully accounts for your injuries and other losses. Steps to Negotiating a Personal Injury Settlement Insurance companies train their adjusters on how to negotiate personal injury claims. The insurance companies always treat individuals representing themselves differently than they treat experienced personal injury lawyers. As such, you should contact the experienced attorneys at Jarvis, McArthur & Williams. Although all insurance companies handle personal injury claims differently, the settlement negotiation process will look something like this. 1.You file a personal injury claim with the insurance company The first step in your personal injury claim is notifying the at-fault party’s insurance company about your accident and injuries or alternatively your insurance company if the person responsible for your personal injury does not have insurance. You do this by filing a claim with the insurance company. Most insurance companies allow you to file a claim over the phone or by filling out an online form. You should file a claim as soon as possible after an accident, as many insurance companies require you to do so within 24 hours after an accident. Filing a claim effectively begins the settlement negotiation process. 2.You receive a reservation of rights letter from the insurance company In response to filing a personal injury claim with the at-fault party’s insurance company, you will receive a “reservation of rights” letter from the insurance company. The reservation of rights letter will indicate that the insurance company plans to investigate your claim and will discuss it with you, but by doing so they are not admitting to any liability for your injuries on behalf of their insured (the at-fault party). It is important to fully understand the implications of the reservation of rights letter. If you have questions about the letter, you should contact an attorney at Jarvis, McArthur & Williams. 3.You send a demand letter to the insurance company As soon as you are at an end of medical care in your personal injury case, you can send a demand letter to the at-fault party’s insurance company. Your demand letter should lay out the basic facts of what happened in your accident and how badly you were hurt. It should also itemize your damages, including medical bills, out-of-pocket expenses, and lost income. These damages are known as your “special damages” (or “specials”). Once you have calculated the total amount of your special damages, you will multiply this amount by a number to reflect your pain and suffering. This figure is otherwise known as your “general damages.” The combined amount of your special damages and general damages will be your total settlement demand. 4.The claims adjuster will respond to your demand letter After you send a demand letter to the at-fault party’s insurance company, you will receive a response from the insurance claims adjuster. The claims adjuster may call you on the phone to discuss his or her initial offer, or send you a written letter containing an initial settlement offer. At this point, the real negotiations begin. The claims adjuster will try to convince you that your claim is worth much less than your total settlement demand. The claims adjuster may try to say that your special damages are far too high for the type of accident you were involved in. He or she may try to pressure you into accepting a low offer right away by claiming it is a one-time offer. You may be told that your settlement demand exceeds his or her “authority,” which refers to the maximum amount the claims adjuster’s supervisor will allow your claim to settle for. Do not be alarmed by a low settlement offer. You should never accept a settlement offer that does not fairly account for your injuries and other losses. By making a lowball offer, the claims adjuster is testing you to see if you are impatient enough to accept the initial offer. The claims adjuster wants to see if you really understand how the personal injury claim settlement process works, and just how far you will go secure compensation for your injuries. In some rare cases, the claims adjuster will make a fair initial settlement offer. But typically, the next step in the negotiation process is to reject the claims adjuster’s initial offer and make a counteroffer. The claims adjuster will treat individuals representing themselves differently than an experienced attorney. The personal injury attorneys at Jarvis, McArthur &Williams have a combined 85 years negotiating with insurance claims adjusters. 5.You reject the claims adjuster’s initial offer and make a counteroffer If the claims adjuster did not make a fair initial offer, you should reject the offer and make a counteroffer. You do this by writing a letter to the claims adjuster stating that you cannot accept his or her offer. Tell him or her why you do not agree with the initial offer. Reiterate how badly you were injured, and remind the claims adjuster that your medical treatment was absolutely necessary. In making a counteroffer, you should reduce your initial settlement demand, but not by too much. This will show that you are willing to compromise, moving the settlement negotiations ahead. 6.You and the claims adjuster continue to negotiate Once you have made a counteroffer, negotiations will resume. The claims adjuster may not respond to your counteroffer right away. You must be patient and wait until the claims adjuster makes another offer. If you call the claims adjuster before he or she makes another offer, you will ultimately harm your chances at receiving a fair settlement. The negotiation process might involve several more offers and counteroffers between you and the claims adjuster. You must continue to defend your position, pointing at every opportunity to the reliable evidence of your injuries and other losses that you included in your demand letter. Hopefully, you and the claims adjuster will arrive at a settlement figure that fairly reflects the severity of your injuries. 7.You accept or reject the final settlement offer If you and the claims adjuster have not yet reached a settlement agreement, the claims adjuster may make a final settlement offer. At this point, you must decide whether the settlement offer is acceptable. If you believe that the claims adjuster’s final settlement offer is acceptable, there are certain steps you must take in order to accept the offer. If the claims adjuster’s final settlement offer does not fully account for your injuries and other losses, you may need to consider filing a personal injury lawsuit. Because filing a personal injury lawsuit requires special skill and training, as well as a thorough knowledge of the law and legal system, you should not do so without the assistance of a qualified personal injury lawyer at Jarvis, McArthur &Williams. Settlement Negotiation Tips In order to negotiate the best possible settlement, you must: BE PREPARED. You should be as prepared for the personal injury claim process as possible. Familiarize yourself with the steps involved in negotiating a settlement, and gather as much credible evidence of your injuries and other losses as possible. Being prepared will help you remain confident, calm, and collected throughout the settlement negotiation process. BE PATIENT. Do not jump at the first settlement offer that comes your way. You must stay patient throughout the entire settlement negotiation process. Impatient personal injury claimants often settle their claims for much less than they are actually worth. Securing the maximum possible settlement is worth the wait. BE PERSISTENT. Do not allow settlement negotiations to come to a standstill. You must be persistent in moving your claim forward. While you should never rush the settlement process, be sure to respond to requests from the claims adjuster as quickly as possible. Be diligent about following up with the claims adjuster if necessary. Disclaimer: Information provided on this site is NOT formal legal advice. It is generic legal information. Under no circumstances should the information on this site be relied upon when deciding the proper course of a legal action. Always get a formal case evaluation from a licensed attorney if you think you might have a personal injury lawsuit.
Notes from Vermont Supreme Court Decision (in PDF Format) – Watson v. Village at Northshore Supreme Court Decision Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation.
Below are links to various useful resources we’ve compiled. We will keep this list up to date on the Resources page of our website so please be sure to check back. Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation. Medical Malpractice Easy to understand information on surgeries: yoursurgery.com General Medical Information: webmd.com Vermont Department of Health: healthvermont.gov United Cerebral Palsy: ucp.org March of Dimes: marchofdimes.com New England Journal of Medicine: nejm.org BreastCancer.org: www.breastcancer.org National Cancer Institute: cancer.gov American Cancer Society: cancer.org National Center for Biotechnology Information: ncbi.nlm.nih.gov Merck Manual: merck.com American Heart Association: americanheart.org American Board of Medical Specialties: abms.org Physicians Desk Reference: pdr.net E-Medicine: emedicine.medscape.com National Guidelines Clearinghouse: guideline.gov Docfinder Searches (Administrators In Medicine): docboard.org Motor Vehicle Accidents National Highway Traffic Safety Administration: nhtsa.gov US Department of Transportation: dot.gov Product Liability Consumer Product Safety Commission: cpsc.gov American National Standards Institute (safety standards): ansi.org American Society for Testing & Materials: astm.org Pharmaceutical Litigation S. Food and Drug Administration: www.fda.gov Drug information A-Z: pdrhealth.com/drugs Recreational Accidents Consumer Product Safety Commission: cpsc.gov Recreation & Sports Safety Publications: cpsc.gov/Safety-Education/Safety-Guides/Sports-Fitness-and-Recreation/ American Society for Testing & Materials: astm.org Toxic Torts Lead Paint Poisoning Resource Guide: gov/enviro/lead/lead.aspx Lead Law Overview: leadsafevermont.org/html/rent_leadlaw.html What To Do About Lead-Based Paint: cvoeo.org/vti/leadactioninfosheet.pdf Vermont Legal Resources Vermont Courts on-line: vermontjudiciary.org State of Vermont Website: vermont.gov United States District Court, District of Vermont: vtd.uscourts.gov Vermont Association for Justice (Vermont Trial Lawyers Association): vermontjustice.org American Association for Justice (Trial Lawyers Association): justice.org National Association of Personal Injury Lawyers: napil.com Criminal Law Resources American Bar Association: www.americanbar.org NAACP: www.naacp.org Vermonters for Criminal Justice Reform: www.vcjr.org The sentencing project: www.sentencingproject.org American Civil Liberties Union: www.aclu.org Vera Institute of Justice: www.vera.org Pew Research Center: www.pewresearch.org Prison Policy Initiative: www.prisonpolicy.org Brennan Center for Justice: www.brennancenter.org Vermont Department of Health: www.healthvermont.gov The Innocence Project: www.innocenceproject.org Find Law: www.findlaw.com
The Client should be focusing their energy on treatment so they can resume their life as it was prior to the injury After a personal injury incident, such as a car accident, your No. 1 priority should be to receive medical care. In many cases, particularly those that may benefit from the services of a personal injury attorney, more than one doctors visit will be necessary. Doctors may require a series of tests and follow-up visits to document the recovery process, and it’s important that you keep up with these appointments. A proven consistency of care will likely benefit you greatly down the line. On the other hand, a “gap” in treatment could strike a serious blow in your settlement negotiations in a personal injury case. What’s A Gap? In general, there are two types of gaps in treatment: First, there is the gap between when you were involved in the incident and when you first got treatment for the injuries from that incident. For example, you were involved in a car accident in June, but did not go see a doctor until December. The second type of gap is treatment is when you see a doctor immediately after an injury incident, but let several weeks or months go by before you see the doctor again. Skipping appointments and not following doctor’s orders (physical therapy, etc.) may significantly devalue your injury claim. After a personal injury claim is filed, the insurance company’s adjuster will be looking for any way possible to devalue your claim. One of the first things they’ll look for is a gap in medical treatment. These adjusters will use these gaps as evidence that your injuries are not as severe as you are claiming. Their argument will boil down to this: if you were truly as injured as you say you were, you would not delay treatment or skip doctor’s appointments. Insurance adjusters may also say that your injuries may not have been incurred during the claimed personal injury incident. Having a documented treatment plan is key. Many personal injury attorneys, including the attorneys at Jarvis, McArthur & Williams, recommend that their clients keep a log or journal of their doctor’s visits, pain and suffering symptoms, and work logs. This gives both sides a timeline for your injuries and the recovery process. Legitimate Reasons For A Gap In Treatment While it’s paramount to avoid any gaps in medical treatment, sometimes these situations are unavoidable. Just because there are gaps in treatment does not mean you are not injured. Some injury victims experience an illness that prevents them from getting to the doctor. Maybe other life events supersede the treatment (surgery, disease, sick relative, etc.). Many times gaps occur because a victim is waiting to see a specialist. Of course, if you must miss a doctor’s appointment or delay treatment, it’s important that you communicate this with your personal injury attorney. A lawyer will be able to document these gaps and the legitimate reasons behind them, making sure they can’t be used against you by the insurance company in settlement negotiations. Insurance companies will try to use missed or skipped appointments to their maximum benefit to avoid paying as much as the personal injury case may be worth. Why Do People Have Gaps In Medical Treatment? It may seem like a no-brainer, but plenty of people do not make their own well-being a priority after an injury incident. The two most common reasons why people have gaps treatment are: The pain is not greater than the “inconvenience” of receiving treatment:This reason is extremely frustrating for personal injury attorneys. Treatment is one of the main sources of evidence in an injury claim, and clients that do not take time to see a doctor make the entire process difficult. If work or other life events are more important to the client than receiving the necessary treatment, those gaps will almost assuredly come back to bite them. No health insurance: If you were injured due to someone else’s negligence and do not have health insurance, you can still receive treatment after the incident. You can receive the treatment necessary, but must satisfy the balance of the medical provider’s lien before you receive your cut of the settlement money. If you do not have insurance, the attorneys at Jarvis, McArthur & Williams can attempt to work with medical providers to make sure they are paid at the end of the personal injury case. Listen To The Doctors One of the most important pieces of advice you can follow from the personal injury attorneys at Jarvis, McArthur & Williams is to LISTEN AND FOLLOW THE ADVICE OF THE MEDICAL PROVIDERS Once you begin the healing process by seeing a medical professional, follow orders. If your doctor recommends you take time off from work, then take time off from work. Though it may seem like an inconvenience in the short term, that missed time from work may establish a lost wage claim. If you are told by a doctor to refrain from physical activities such as athletics, stay on the sideline. If the insurance company can prove that you didn’t slow down – possibly with social media photos and videos – they’ll argue your injuries must not have been that serious. While the above scenarios detail how your claim may be devalued, your physical well-being may also be affected. Gaps in treatment will delay the healing process for you. The more proactive and disciplined you are during the recovery process, the faster you’ll be back to 100 percent. Contact Jarvis, McArthur & Williams Today Having an experienced personal injury lawyer on your side is important. That is why you need to contact the legal team at Jarvis, McArthur & Williams today. Our staff will advise you and your loved ones of your legal options. Contact our office at (802) 658-9411, or www.jarvismcarthur.com
If you are involved in a collision or car accident in Vermont, you must be prepared to act responsibly and in accordance with State law. Following are some general guidelines and more specific requirements to follow in case of an accident. First and Foremost As a responsible driver, you must never leave the scene of an accident. Not only is it essential that you provide any necessary help immediately following an accident, but leaving an accident scene can result in having your driving privileges revoked or your license suspended. After stopping your vehicle, you should pull up as close to the accident as safely possible, without obstructing traffic. Take a moment to assess the situation, and do not panic. Be aware of the traffic situation, and any other potential dangers, such as fire. You should do your best to provide immediate assistance to other motorists, passengers or pedestrians that may have been injured in the accident. Take extra care when attempting to move an injured person; if possible, wait for an ambulance to arrive. Notify 911 to report any injuries and call for medical assistance. You should also inform the local Vermont police, sheriff or highway patrol, especially if the accident resulted in fatalities, injuries or property damage. If you have been injured in a car accident, it is important to stay calm. If possible, ensure that you are out of danger and not blocking any oncoming traffic. Call or wait for help, and do not attempt to move if you are unable to do so. Exchange Information If you are involved in an accident in Vermont, you are required to provide certain information to the other parties involved. Likewise, fellow motorists, passengers or pedestrians involved in the accident must share similar information with you. Also, it is often wise to ask for the information of witnesses to the accident just in case you need to have them testify at a later date. The key information to exchange in the aftermath of an accident includes: Name, address and contact details Driver license number License plate number of the vehicles involved Auto insurance information for the motorists involved. It may also be useful to take photographs at the scene of the accident. If you hit an unattended vehicle, you must make an effort to find the owner or driver, and follow these same procedures. If you are unable to locate the owner of an unattended vehicle, you are required to leave a note indicating your name and contact information, and a brief description of the accident. Reporting an Accident tothe Vermont DMV In some situations, you must report an accident to the Vermont Department of Motor Vehicles. You are required to complete and submit a Report of a Motor Vehicle Crash within 3 days of an accident, if any of the following apply: The accident caused injury or death. The accident resulted in property damage amounting to $1,000 or more. If you fail to report an accident to the Vermont DMV, you may have to pay a penalty of up to $175. In the event that another driver offers to pay for damages and asks you not to report an accident, you are still required to file the report in any of the situations outlined above. Your report must include detailed and current information regarding your insurance coverage. The DMV will cross-check this information with the insurance company shown on the report. If you did not have liability insurance when the accident occurred, your driving privileges will be suspended. You will be required to file proof of future financial responsibility (SR-22) in order to have your driving privileges reinstated. Make a copy of the accident report form for your personal records. You can deliver the original to your local Vermont DMV office or mail it directly to: Vermont Department of Motor Vehicles, 120 State Street, Montpelier, Vt 05603 Call Jarvis, McArthur & Williams at (802) 658-9411 for an experienced legal consultation.
The death of a family member or loved one is always a tragic loss. When your loved one or family member has been killed due to the negligence or medical malpractice of someone else, you may have several questions, including the following: What should I do after the suspicious death of a loved one? Where can I get help if someone else is at fault? How will my family survive financially with this loss of income? Who will help my family and me get through this? The attorneys at Jarvis, McArthur & Williams understand that this time can be painful. We know that right now you and your family need support, as well as someone you can trust to answer your many questions. Jarvis, McArthur & Williams is prepared to help you find answers to your questions and give you peace of mind if we represent you and your family in a wrongful death case. When filing a wrongful death case, we will investigate the case for you and determine how the accident happened, why it occurred, and who is to blame. Our wrongful death lawyers help families obtain all compensation available under federal and Vermont state law. Those benefits may include monetary compensation for the loss of the income your loved one would have earned had he or she survived; the loss of companionship, society and comfort; and other monetary losses from that death. In some instances, an award of money designed to punish the responsible party (known as “punitive damages”) may apply. Although no amount of money can compensate for the loss of a loved one, a monetary award can help families survive financially after their tragic loss. Sometimes, this is the only way the law can penalize the party or parties at fault. Unfortunately, in the state of Vermont, there is a limited period of time a wrongful death case can be submitted. If you have lost a family member or loved one due to the negligence of someone else, the attorneys at Jarvis, McArthur & Williams is prepared to help you. We have years of experience and skill in helping people deal with the death of a loved one. We can help you. Call Jarvis, McArthur & Williams at (802) 658-9411and let us help you obtain all of the remedies available to you because of the wrongful death of your loved one.
If you’ve been injured, contact the experienced personal injury attorneys at Jarvis, McArthur & Williams at (802) 658-9411. Jarvis, McArthur & Williams will help you out. When you’re involved in a car accident, injuries can be very severe and there are important things you should do at the scene of the accident and immediately after. The first thing you should do after a car accident is to stay at the scene until it’s appropriate to leave. If you leave, you can face serious criminal penalties for being a hit-and-run Next, make sure to check on all drivers and passengers. Before looking into property damage, make sure everyone involved in the accident is okay. Get medical attention for anyone who needs it and if a person is unconscious or has neck or back injuries, don’t move them until qualified medical help arrives. Next, call the police. If there is property damage, physical injury or death, you need to call the police. Ask for a police report and obtain the name and badge numbers of the officers. Personal injury claims can be significantly effected if the police are not called. A police report is often times the best evidence of liability in a car accident / personal injury claim. Next, make sure you exchange information. Get the names, numbers, addresses, drivers’ license numbers, license plate numbers, and basic insurance information from all drivers involved. If there are passengers, obtain that information from them. It’s very important that you do not claim responsibility of the accident. Fault isn’t determinative of which insurer will pay for any loss so do not claim any liability. If there are any witnesses, make sure to talk to them and get their information. Next, inform your insurance company. Cooperate with them and tell them the truth about what happened and the extend of your injuries. Do not minimize your injuries. Explain the facts clearly. If you had to see a doctor, physical therapist, chiropractors or other medical professionals, make sure you keep track of such treatments. Get any medical reports and bills so your lawyer can use them to get you compensation. Although medical expenses are relatively easy to document, pain and suffering is trickier to prove so keep a record of daily notes on progress. Getting property damage valuation is a very important step. Take photographs of any damage and obtain your insurance company’s damage valuation. It’s very important that you only talk about your accident to your personal injury attorney, your insurance company and the police. Do not talk to any other insurance company without your attorney or insurer. The final step would be to contact an experienced attorney at Jarvis, McArthur & Williams who can help your specific case. When Should I Contact a Car accident / Personal Injury Attorney at Jarvis, McArthur & Williams? Every case is different and it depends on what happened and what injuries were suffered. If you haven’t been injured, you probably won’t need a lawyer. But if you or anyone you know has been injured in the car accident, you should contact the personal injury attorneys at Jarvis, McArthur & Williams. There are certain situations that you should definitely the car accident / personal injury attorney at Jarvis, McArthur & Williams, such as: A death occurred Broken bones / head injury / whiplash injuries were sustained Other severe injuries occurred Pedestrians were involved The accident occurred in a construction zone The police report doesn’t accurately describe the accident Important technical, legal or medical issues are involved Contacting the car accident / personal injury attorneys at Jarvis, McArthur & Williams who deal with personal injury can give you the peace of mind when it seems like everything is chaotic. Even if you feel like you don’t need a personal injury attorney it might be a good idea to see one to get advice or seeking information on how to proceed with an insurer. What Should I Do If The Police Didn’t Take A Traffic Collision Report? Police reports are important for the post accident claims process but there are 3 reasons the police might not arrive at the scene. If there are no injuries, the police usually assign certain levels of priority to incidents. Depending on what else is going on, your accident may not be a priority. In some jurisdictions, a police officer will not come if the damage is minor. If you think the damage is under $500, the local police may not be required to take a report at the scene. Third, during extreme weather conditions like thunderstorms and blizzards, the police might not be able to take your report in person. If the police do not show up to the scene of the crime, reporting your accident is still very important. The police dispatcher may be able to explain how you can file an official report after the fact. You can always go to the police if they don’t come to you after a car accident. Even if the damage seems minor, an official report can help in case something unexpected happens. Before you go to the police, make sure you have names and insurance information of the drivers involved, names and phone numbers of any witnesses, and pictures of both vehicles at the scene. You may always call our office for a free consultation with one of car accident / personal injury lawyers at Jarvis, McArthur & Williams How Do I Deal With Property Damage After A Car Accident? The first thing you should do is contact the at-fault driver’s insurance company to inform them of the accident. You want to make arrangements to have the damage to your car assessed at this time. You should also ask about a rental car if you are going to need one. If the at-fault driver has not yet reported the accident, they may want to see the accident report before admitting liability. You may be able to speed up the process by getting a copy of the report yourself and furnishing it to them. You are entitled to recover the difference between what your car was worth immediately before the accident and what it was worth immediately after the accident. This is determined by either the cost of repairing the vehicle or the fair market value of the vehicle. The insurance company will make the decision on which method to use. If the estimated repair cost is more than 75% of your car’s value, they will probably total your car and pay you that value. If the insurance company decides to repair the vehicle, you can then arrange with the repair shop of your choice to do the work. If the shop finds damage that the adjuster overlooked or underestimated, the shop will contact the adjuster to work out additional payment. If your car is totaled but you want to keep it, the insurance company may reduce what they will pay you. Also, the title may have to be sent to DMV so that the fact that the car was totaled can be noted. This may affect the cars future resale or trade-in value. If you will still owe more than what your totaled car is worth, you should discuss substitution of collateral with your lender. If the lender agrees, you can use the insurance money to purchase a replacement and have that vehicle stand as security for the loan. If the other person’s insurance refuses to pay for the damage, contact your own company about getting the repairs done if you have collision insurance. Let them deal with the other insurance company about payment. You will have to pay a deductible, but if the other company eventually pays, this will be reimbursed. If you don’t have collision coverage, you will have to contact an experienced personal injury attorney who can help you. If the other person doesn’t have insurance, talk with your insurer about using your uninsured motorist coverage. The Insurance Company Is Offering Me A Settlement For My Car Accident Claim. Should I Take It? Before you decide on accepting a settlement offer, you need to understand how the adjuster operates and comes up with the amount. It begins with the adjuster investing the case. The adjuster’s goal is to obtain the same facts that the plaintiff’s personal injury attorney Part of the investigation process is finding out what the insured had to say about what happened. The adjuster will read any written police report or accident report that the insured may have sent to the insurer. Insurers have claims databases that allow adjusters to determine whether the plaintiff has ever filed a personal injury claim before. The adjuster will write the plaintiff or the plaintiff’s personal injury lawyer to introduce him or herself and request that the plaintiff provide documentation relating to the plaintiff’s claim. The adjuster will usually request documents such as medical records, medical bills, proof of earnings, tax returns and proof of property damage. If the initial medical records indicate that the plaintiff may have had prior injuries or complaints to the body part that was injured in the accident that led to the current claim, the adjuster will request that the plaintiff provide all prior medical records for any treatment that the plaintiff has ever had for that condition. Once the adjuster has all of your medical records and bills and all of the other information that he/she needs to value the case, he/she will put a value on the case. In order to value the case, the adjuster has to think about what the plaintiff’s chances of winning are and how much might a jury award the plaintiff. Once the adjuster has decided what the plaintiff’s chances of winning are, he/she will think about the plaintiff’s damage claim. Damages in personal injury cases are usually divided into two categories: damages capable of exact calculation and damages not capable of exact calculation such as pain and suffering. For medical bills and lost earnings, the adjust will just add it up. But for pain and suffering, it gets a little trickier. Once the insurer has arrived at a settlement value, he/she has to decide what to offer. The first offer is going to be a percentage of what the insurer thinks is the final value of the case. The insurer may require that the first offer be 40% of the value of the case, but every insurers have different requirements. Accepting the offer right away means that you will not have the option to ask for additional compensation at a later date, should you discover your injuries require more healing than you first thought. You are not obligated to accept any offers from an insurance company. Adjusters often have leeway to adjust the first offer depending on who he/she is dealing with. It’s always best to contact the experienced car accident / personal injury lawyers at Jarvis, McArthur & Williams who can give you advice about your specific case. How long do I have to file a claim after a car accident? After a car accident, you have a limited amount of time to go to court and file a personal injury lawsuit. The amount of time is called a statute of limitations and every state has one. If you want too long and try to file your lawsuit outside of the time, the court will almost surely throw out your case as time-barred and you’ll lose any right to compensation for injuries and other losses stemming from the car accident. You also need to keep these deadlines in mind when it comes to filing a claim with an insurance company after a car accident. It’s a good idea to get the claims process started as soon as possible after the accident, leaving yourself the option of going to court and the time it takes to do so. Speak With Our Car Accident / PERSONAL INJURY Lawyers AT JARVIS, MCARTHUR & WILLIAMS About YOUR Case Contact our office to discuss your injuries with an attorney. We offer a free initial consultation to all new clients. You can reach us by phone at (802) 658-9411 or send us an email to schedule an appointment.
