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Calculating Damages in TBI Cases

Traumatic brain injuries (TBI) in personal injury law require a thorough and sensitive approach when determining the appropriate damages. These cases often bring about significant personal, emotional, and financial upheaval for the victim and their family. Understanding how to calculate these damages is essential for any serious injury lawyer representing such complex cases.

Compensatory Damages

Compensatory damages in TBI cases aim to cover the direct and indirect costs incurred by the victim and their family. This includes medical expenses from immediate needs to ongoing care, encompassing hospital stays, surgeries, medications, and various rehabilitation therapies. However, medical costs are just the starting point.

Lost wages are another critical element. Many TBI victims are unable to return to their previous employment. Therefore, assessing lost future earnings becomes vital, especially when the injury leads to permanent disability. This calculation must consider factors like the victim’s age, career trajectory, and the severity of cognitive or physical impairments caused by the injury.

Pain and suffering also make up a significant part of the compensation, recognizing the non-economic impact of the injury. This category compensates for emotional distress, loss of enjoyment of life, and physical pain. Attorneys, like our friends at Cohen & Cohen, are well aware of the profound long-term effects that TBI victims endure, highlighting the importance of a fair assessment of these damages.

Special and Punitive Damages

In certain TBI cases, special damages that cover costs beyond standard compensatory damages may be necessary. These can include home modifications for accessibility, special equipment needed for daily living, or the cost of services that the victim can no longer perform themselves, such as housekeeping or childcare.

Punitive damages, while less common, may be awarded if the defendant’s actions leading to the injury were particularly reckless or malicious. Although not applicable in all cases, they serve as a deterrent to prevent serious misconduct and are determined based on the specifics of each case.

Life Care Planning

For severe TBI cases, life care planners are often vital. These professionals develop a comprehensive plan for the victim’s future medical and care needs. They collaborate with medical experts to forecast the types of support and therapies the victim will require throughout their life. This planning is vital for securing a settlement or award that adequately covers the victim’s long-term needs.

Legal Support and Guidance

The complexity of TBI cases and the detailed calculations required to secure appropriate compensation necessitate deep legal expertise and experience. Serious injury lawyers bear the responsibility not just to advocate in court but to fully comprehend the victim’s needs—both immediate and long-term.

For families dealing with such difficult circumstances, the support of compassionate and skilled legal representation is invaluable. The right lawyer not only advocates for adequate compensation but also supports the family through every phase of the legal process, allowing them to focus on recovery and adaptation.

With a comprehensive legal approach, the journey toward justice for TBI victims can lead to a resolution that meaningfully addresses the significant changes caused by such a serious injury.

Lawyer shaking hands with papers explaining contingency fee

How Much Does a Lawyer Cost: Understanding Contingency Fees

Navigating contingency fees and the legal landscape can be a daunting task. One of the primary concerns for people who have suffered serious personal injury and are seeking legal representation is the costs involved. Typically, lawyers charge for their legal services in various ways, ranging from hourly rates to flat fees. However, one alternative fee arrangement that reputable personal injury lawyers and other civil lawyers use is the contingency fee. In this blog post, we will delve into the concept of contingency fees. We will also explore

  • how contingency fees work
  • their advantages and disadvantages
  • what individuals should consider when opting for this payment structure.

What is a Contingency Fee?

A contingency fee is a payment arrangement commonly used in serious:

The defining characteristic of a contingency fee is that the lawyer’s compensation is contingent upon the successful outcome of the case. In other words, the attorney only gets paid if they secure a favorable result for their client. This is typically in the form of a settlement or a court award.

What do most lawyers charge for a contingency fee?

Contingency fee agreements are often based on a percentage of the client’s recovery. The specific percentage can vary. However, it is typically in the range of 33 1/3% to 40% of the final settlement or judgment amount. If the lawyer fails to win the case, the client is not required to pay any legal fees.

What are the benefits of Contingency fees?

One of the significant advantages of contingency fees is that they provide access to competent legal representation for individuals who might not be able to afford traditional hourly fees. This allows clients with limited financial means to pursue justice and compensation for their injuries.

Do contingency fees include expenses?

Contingency fees are a common payment arrangement in personal injury cases where the accident attorney’s fee is contingent upon the outcome of the personal injury case. While these fees typically cover legal services, they often do not include expenses incurred during litigation, such as court filing fees, expert witness fees, or deposition costs. Injury victims may be responsible for these expenses regardless of the case outcome at some personal injury firms. However, Stein Whatley Astorino, PLLC, advances these costs and deducts them from the client’s settlement or award if successful. Our clients do not owe us the case costs we advance unless we are able to recover for the client.

It is crucial for clients to discuss expense arrangements with their prospective attorneys upfront to avoid surprises and understand their financial obligations throughout the claims process. Clear communication about what is covered by the contingency fee and what expenses may arise ensures transparency. It helps manage expectations for both parties involved.

At Stein Whatley Astorino, PLLC, we believe that exceptional legal representation should be available to everyone. Not just the rich or elite. Contingency fees allow for access to this representation.

Contingency fee arrangements align the interests of the client and the attorney. The lawyer has a direct stake in the outcome of the case. This can be a powerful motivator to work diligently and strategically to secure a positive result for the client.

Clients feel more comfortable taking legal action, knowing they won’t have to pay legal fees unless they win the case. This helps alleviate the financial burden and risk associated with pursuing litigation by the client.

Lawyers accepting cases on a contingency fee basis often carefully select the type of cases they take on. Understandably, their compensation depends on the success of the outcome. This can result in a higher level of scrutiny and dedication to each case.

Is a Retainer Fee Necessary With a Contingency Fee Agreement?

Retainers serve as a financial security measure for many lawyers, ensuring payment for their services. However, in contingency fee agreements, retainers might not be necessary. Contingency fees allow clients to pay legal fees only if they win the case, often a percentage of the settlement. This arrangement eliminates the need for upfront payments, making legal representation accessible to injury victims who might not be able to afford retainers. Additionally, it aligns the interests of the injury lawyer and the client, as both share in the outcome. While retainers provide stability for lawyers, in contingency agreements, their absence promotes greater accessibility to justice. Thus, in such arrangements, retainers may not be essential.

What should I be aware of when choosing a lawyer?

While contingency fees provide access to legal representation, clients should be aware of the percentage of their recovery going to their attorney. It is crucial to discuss and agree upon this percentage upfront to avoid any surprises later on. The lawyer and client should sign a written contract outlining the fee structure at the beginning of representation. Be very wary of any lawyer or law firm that does not have you sign a contract.

Also, be wary of any lawyer or legal firm that attempts to charge a contingency fee in excess of 40%. Some settlement mills advertising on television charge 45%, 50%, 55%, or more to make up for the significant amount of money they spend on advertising. They often settle their clients’ cases for a lower value because of the sheer volume of cases they pursue. They aren’t set up to litigate the cases that need special attention to unlock the case’s full and fair value.

Are contingency fees worth it for complex cases?

Lawyers may be more inclined to take on straightforward cases with a higher likelihood of success on a contingency basis. Complex cases or those with uncertain outcomes might be more challenging to find representation for on a contingency fee arrangement. However, our experienced litigation lawyers and experienced trial lawyers are adept at understanding complex cases.

Stein Whatley Astorino, PLLC, has become known in the legal community for taking complex legal cases and getting results for our clients. We often get clients referred to us from other personal injury lawyers and civil lawyers who aren’t familiar with the complexity of some cases.

In some cases, lawyers may expect a higher level of involvement from the client. This may include providing documentation, attending meetings, and actively participating in the legal process. This is especially true when the attorney’s compensation is contingent upon the client’s cooperation.

How to choose a contingency fee lawyer

Contingency fees offer a valuable option for individuals seeking competent legal representation without the immediate financial burden of upfront attorney fees. This payment structure aligns the interests of the client and the lawyer. It also fosters a partnership where success is mutually beneficial. However, it’s crucial for clients to fully understand the terms of the contingency fee agreement, including the percentage of recovery and any potential out-of-pocket expenses.

When considering legal representation on a contingency basis, individuals should carefully evaluate:

  • the complexity of their case
  • likelihood of success
  • overall costs involved

Seeking consultation with experienced lawyers who offer transparent and fair contingency fee agreements is an essential step in ensuring access to justice while navigating the legal terrain.

Consult with the experienced lawyers at Stein Whatley Astorino, PLLC, if you want superior legal representation. If Matt Stein, John Whatley, and Rob Astorino take your case on a contingency fee basis, they will always use a straightforward and transparent agreement.

Call us at 502.553.4750 for a free consultation.

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Stack of insurance companies papers

7 Things Insurance Companies Don’t Want You to Know

In a world where uncertainties loom large, insurance becomes a shield against the unexpected. Whether it’s safeguarding your health, property, or financial well-being, insurance promises a safety net in times of crisis. However, beneath the reassuring façade of protection, there are aspects of the insurance industry that often remain obscured. In this blog post, we delve into the shadows to uncover seven things insurance companies might not want you to know.

Profit Over Protection: The Fine Line

Insurance companies are, at their core, profit-driven entities. While their marketing pitches emphasize a commitment to your well-being, it’s essential to understand that their bottom line remains a top priority. Premiums are carefully calculated to not only cover potential payouts but also to generate generous profits for the company. This means that, in most cases, your premiums outweigh the actual benefits you receive.

It’s crucial for consumers to be vigilant when choosing insurance plans. Understanding the fine print, deductibles, and coverage limits can prevent unpleasant surprises when filing a claim. Remember, insurance companies are businesses, and their primary goal is to stay profitable. When an insurance company puts its profits above its obligation to its policyholder, Stein Whatley Astorino, PLLC, and their experienced civil lawyers are there to hold them accountable.

The Claim Game: A Complex Web

Filing an insurance claim can be an intricate process, often intentionally so. The complexity serves a dual purpose. It discourages some people from pursuing legitimate claims, and it allows insurers to reduce their financial obligations. The paperwork, documentation, and long waiting periods can overwhelm people, making it tempting to abandon the claim altogether.

Insurance companies might not readily disclose the nuances of the insurance claims process. It’s advisable to educate yourself on the specific steps involved, keep meticulous records, and, if necessary, seek professional assistance from experienced civil lawyers to navigate the intricacies. Understanding the insurance claims game is crucial to ensure you receive the full and fair compensation you deserve.

Hidden Exclusions: Reading Between the Lines

While insurance policies promise coverage, they are also riddled with exclusions. These exclusions, buried in the policy’s fine print, can significantly limit your coverage. Insurance companies are not eager to highlight these exclusions, as they may reduce the perceived value of their products.

It’s imperative for policyholders to carefully scrutinize their insurance policies. Common exclusions can include pre-existing conditions, specific types of accidents, or even natural disasters. Being aware of these exclusions allows you to make informed decisions and explore additional coverage options if necessary. Our diligent lawyers regularly review our clients’ insurance policies.

Rate Hikes: The Silent Squeeze

Insurance premiums are not set in stone. In fact, they are subject to change, and this change is often in the form of rate hikes. Insurance companies might not explicitly disclose their intention to increase rates, leaving policyholders vulnerable to unexpected financial burdens.

Staying informed about the factors that influence premium increases, such as claims history, changes in coverage needs, or industry trends, empowers you as a consumer. Periodically reviewing your policy and shopping around for competitive rates helps avoid silent rate hikes.

Underwriting Secrets: The Power of Information

Underwriting is the process through which insurance companies assess the risk associated with insuring an individual or entity. What many policyholders might not realize is the extent to which personal information influences their insurance rates. Factors such as credit score, occupation, and lifestyle choices can significantly impact premiums.

Insurance companies are often discreet about the weight assigned to these factors. As a consumer, being mindful of the information you provide and understanding how it affects your premiums can help you make strategic decisions. Moreover, maintaining a good credit score and adopting risk-mitigating practices may positively influence your insurance costs.

Discounts, but at What Cost?

Insurance companies frequently advertise various discounts to attract customers. While these discounts can lead to cost savings, there’s a catch – they might come with trade-offs. For instance, a discount for installing a home security system may be accompanied by stringent security requirements. Similarly, bundling multiple policies may offer savings but could result in compromised coverage in specific areas.

It’s essential to carefully evaluate the terms and conditions associated with discounts. Sometimes, what seems like a cost-saving opportunity may have implications for your overall coverage. It’s important to understand the implications before opting for discounts to ensure they align with your needs and priorities. A common ploy by insurance companies is to offer a discount by waiving your uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. Waiving these coverages gut the coverages that protect you and your family. Be suspicious of these schemes.

Recently, insurance companies began offering a discount if you allow them to monitor you with mobile telematics. Mobile telematics companies partner with major insurance companies, offering apps drivers can use to save money on their premiums. Via the apps, these companies use mobile phone sensors to measure driving behavior. This includes whether a person is speeding, holding their phone, interacting with an unlocked screen while driving (the companies say they don’t collect information on what the drivers are doing on their phones), where you go regularly, what part of town you visit, and other important personal information. Insurance companies will use the information you unwittingly provide against you if they have the opportunity.

The Myth of Total Coverage: Gaps and Ambiguities

Insurance is often viewed as a safety net that provides total coverage in times of need. However, the reality is that policies are not foolproof. Gaps in coverage and ambiguous language within policies can leave policyholders vulnerable to unexpected financial setbacks. Our experienced civil trial lawyers reign in these tactics when exclusions are vague, conflict with state and federal law, or go against public policy.

Insurance companies may not readily disclose these gaps, as it challenges the narrative of comprehensive coverage. It’s crucial for consumers to proactively seek clarity on potential coverage gaps and ambiguities. Additionally, periodically reviewing policies and communicating with experienced lawyers can help ensure that your coverage aligns with your evolving needs and circumstances.

In conclusion, insurance serves a vital role in mitigating risks. However, it’s essential for consumers to approach their policies with a discerning eye. Understanding the intricacies of the insurance industry, from profit motives to the insurance claims processes, empowers you to make informed decisions. By peeling back the layers and shedding light on these seven aspects, we hope to equip you with the knowledge needed to navigate the world of insurance with confidence. Remember, an informed consumer is a well-protected one.

If you have been wrongfully denied the benefits you are entitled to under a car insurance policy, life insurance policy, homeowners insurance policy, commercial insurance policy, or other policy of insurance, consult with the experienced civil lawyers at Stein Whatley Astorino, PLLC, to protect your legal rights.

Call us at 502.553.4750 for a free consultation.

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Lawyer at desk explaining personal injury protection

What is Personal Injury Protection – PIP?

Personal Injury Protection (PIP) is a crucial component of auto insurance policies. It aims to provide financial coverage for medical expenses and related costs in the event of a car accident. PIP is not mandatory in all states. However, Kentucky requires drivers to carry this coverage if they own or operate an automobile. In this blog, we’ll discuss:

  • the details of Personal Injury Protection benefits in Kentucky
  • what it entails, and how it works
  • why it is an essential aspect of auto insurance

What is Personal Injury Protection (PIP)?

Personal Injury Protection, commonly known as PIP, is a form of no-fault insurance that covers:

  • medical expenses
  • lost wages
  • other essential costs resulting from a car accident, regardless of who was at fault.

This type of coverage is to provide swift financial assistance to policyholders and their seriously injured passengers.  This ensures that necessary medical expenses are taken care of promptly.

PIP benefits are distinct from liability insurance. Liability insurance covers the costs of injuries or damages to other parties in a car accident if the policyholder is found at fault. However, the no-fault aspect of PIP means that regardless of who caused the car accident, each party involved can seek medical expenses coverage from their own insurance policy.

Kentucky Personal Injury Protection

In Kentucky, Personal Injury Protection is a mandatory component of auto insurance. The state’s PIP requirements are in the Kentucky Motor Vehicle Reparations Act (MVRA) and code KRS 304.19. According to this law, all drivers must carry a minimum PIP coverage of $10,000 for medical expenses and lost wages resulting from a covered car accident.

PIP benefits in Kentucky cover necessary and reasonable medical expenses resulting from a car accident. This includes but is not limited to hospital visits, surgeries, prescription medications, physical therapy, rehabilitation, and other medical treatments deemed essential for the car accident victim’s recovery. Remember that coverage is only available up to the coverage limits.

As the above mentions, the minimum coverage in Kentucky is $10,000.00. Most drivers unfortunately, have only the minimum PIP coverage even if they have higher coverage limits for liability, property damage, underinsured benefits, uninsured benefits, etc. Our diligent car accident attorneys recommend adding additional PIP benefits when you raise your other car insurance coverage limits for adequate protection of yourself, your family, and other people occupying your car. Kentucky law requires insurance companies selling auto insurance in the state to offer $40,000.00 in additional PIP benefits.

Personal Injury Protection and Car Accident Victims

If the car accident victim is unable to work due to serious injuries sustained in a car accident, PIP benefits in Kentucky provide coverage for lost wages subject to weekly limits. This compensation helps car accident victims maintain their financial stability during their recovery period.

In the unfortunate event of a fatal car accident, PIP benefits can cover funeral expenses and burial expenses. Therefore easing the financial burden on the deceased’s family. Keep in mind that burial expense coverage may be limited to the coverage limits included in the policy.

In the event of a car accident in Kentucky, PIP coverage comes into play promptly. Our trustworthy car accident lawyers will help you file your PIP benefits application. We will do this often on the same day you retain us. Regardless of who is at fault, each party involved can turn to their own insurance company to access PIP benefits. The $10,000 minimum coverage is available for medical expenses, lost wages, and other related costs.

PIP Insurance Limitations

It’s important to note that PIP benefits are subject to the terms and conditions outlined in the policy. Policyholders should be familiar with the details of their coverage, including any limitations or exclusions that may apply. A car accident attorney can quickly advise you of your limits and options upon review of your policy and policy declaration page.

Moreover, Kentucky follows a “choice no-fault” system. This means drivers can choose whether to adhere to the traditional tort system by opting out of the no-fault system with PIP coverage. Choosing the no-fault system with PIP can limit an individual’s ability to sue for non-economic damages unless the injuries are deemed serious and meet certain criteria outlined in the law. Our knowledgeable car accident attorneys at Stein Whatley Astorino, PLLC, are available to discuss the criteria. As a practical matter, most Kentucky drivers have not opted out of the no-fault system.

Advantages of PIP Coverage

One of the primary advantages of PIP benefits is the prompt medical coverage it provides to car accident victims. After a car accident, the seriously injured can seek immediate medical attention without worrying who was at fault. This ensures that necessary treatments and interventions are not delayed, contributing to a quicker and more effective medical recovery.

PIP benefits, particularly the coverage for lost wages, play a crucial role in maintaining financial stability for car accident injury victims during their recovery. The intent of the financial support from PIP is to help cover everyday expenses. Additionally, it helps prevent economic hardship during the recovery period.

Kentucky aims to reduce the number of lawsuits from minor car accidents through a no-fault system with PIP coverage. This system is intended to streamline the car insurance claims process and minimize the burden on the legal system by allowing people seriously injured in a car accident to receive compensation more efficiently.

PIP benefits offer comprehensive coverage, encompassing medical expenses, lost wages, and other related costs. This wide-ranging coverage helps ensure people with serious injuries from car accidents are protected from various financial challenges that often arise after a car accident.

A Lawyer Who Can Help You Navigate PIP

Personal Injury Protection (PIP) benefits are a crucial aspect of auto insurance in Kentucky. It provides a safety net for seriously injured car accident victims. The no-fault system, along with the mandatory $10,000 minimum coverage, ensures that Kentucky drivers have access to prompt medical attention and financial support during their recovery. Understanding the intricacies of PIP benefits is essential for all Kentucky drivers. It not only fulfills legal requirements but also serves as a vital resource in times of need.

Our trustworthy car accident attorneys at Stein Whatley Astorino, PLLC, can help you navigate the aftermath of a car accident with greater confidence, knowing that your car insurance can provide the necessary support to facilitate a smoother recovery process. Kentucky allows the beneficiary to direct how their PIP benefits are paid. Our trusted car accident attorneys will help manage your medical bills and direct your various benefits in conjunction with your health insurance (if you have health insurance) to maximize your available PIP benefits and, ultimately, your liability settlement.

We hope that this information is helpful to you. Matt Stein, John Whatley, and Rob Astorino are happy to review the facts and circumstances of your case and discuss your options.

Call 502.553.4750 for a free consultation.

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Example of an attorney needs to be present at Initial sign-up with Stein Whatley

An Attorney From the Start

Stein Whatley sends at least one attorney to sign up your case, every time. An attorney needs to be present from the beginning.  Why do we insist on sending an attorney when so many other firms send an intake “specialist” which is just a fancy way of saying “not an attorney?”

Three Reasons

First, we don’t expect you to know everything that’s important about your case. It’s why you hire us in the first place. If a non-attorney comes to speak with you, they usually ask a pre-set list of questions, but are unable to adapt if something unusual comes up. If you are in a car wreck with multiple people will an intake specialist know what triggers a conflict of interest? Our experienced auto accident lawyers know. What if you are involved in a truck wreck where the police report says it’s your fault? Does a staff member have the expertise to look for potential violations of the Federal Motor Safety Carrier Rules and turn the case in your favor? Our experienced truck accident lawyers know. Stein Whatley Attorneys can explore multiple angles and give you the best chance to understand your legal rights because we send an experienced attorney to discuss the facts and circumstances with you on every case.

Second, most intake specialists are told to sign up every case regardless of their thoughts. Firms that use staff members for the initial meeting are terrified of staffers turning down cases because they misunderstand the law. Unfortunately, that leads to some people being released months later after an attorney finally reviews their case. At Stein Whatley Attorneys, we have experienced lawyers analyzing every case from day one. In the situation where we don’t think we can help you, we will look through our network of attorneys to help find someone who can. Sometimes our investigation doesn’t pan out, but it’s never because we send a non-attorney who doesn’t know what to look for in an initial meeting.

Finally, it’s important for our attorneys to start a relationship with you on day one. We tell you what to expect and answer questions you might have for us. We want you to know who will be guiding your case and be able to talk to us about what concerns you. When an intake staffer shows up to discuss your case, they can only answer the most basic questions. We bring our experience to the initial meeting.

An Attorney Needs to be Present

An attorney needs to be present from the beginning.  Our experienced personal injury attorneys attend every new case meeting and bring our knowledge to you. We believe it’s very important to do this, we hope you agree. If you have a case, you’d like to discuss with one of our attorneys, call us. We travel all over Kentucky and Southern Indiana to discuss how we can help seriously injured people. The first consultation is always free.