Ask Mike: mike@burmanlaw.com

This Blog is dedicated to my clients…thank you for 22 years of love for the practice of law. Mike Burman

Welcome!  My name is Mike Burman.  I am a lawyer and I am licensed in Kentucky and Tennessee for .  Thank you for visiting and by all means, post a comment!  Your post may help someone else who has questions. 

This Blog is designed to provide basic to advanced information concerning car, truck, 18 wheeler and motorcycle wrecks that occur in Kentucky or Tennessee. The information is tried and true even if you live in another state but the wreck occured in Kentucky or Tennessee.  But a word of caution: NEVER rely on a website for legal advice.

A Blog cannot answer all your questions or take the place of an experienced lawyer. If you have questions, just ASK MIKE: mike@burmanlaw.com. Don’t worry about being charged a fee, I never charge to answer your questions, but I do not represent you unless I have agreed to represent you. If you would rather call me, my office hours are 8 a.m. to 5 p.m. Monday through Friday, CST. By phone, you can contact my office at 1-800-200-1578. I make home and hospital visits anywhere in the continental United States.

If you are seeking legal representation, my practice is limited to serious injury and wrongful death clients from car, truck, 18 wheeler and motorcycle wrecks that occur in Kentucky or Tennessee. I would be honored to represent you or your loved ones.

Thank you for visiting and let us know anything you like or dislike. And of course, we prize your blogs. Help us make this a good place for practical information to right wrongs.

Practical Tips on Buying Auto Insurance

It has never been easier to make a mistake when buying automobile insurance. With so many advertisements offering the lowest price after a short telephone call or Internet contact, the consumer often feels overwhelmed or skeptical. When are you getting a good deal? More importantly, when are you getting the right deal?

This article is written for the consumer. It is not intended to be exhaustive and will not answer every question. But it will provide you with a practical guide so you can start your motor vehicle insurance purchase with the right questions.

When purchasing car insurance, first consider how you want to be treated should you actually need to use it. For instance, do you want to deal with an insurance claims adjuster face-to-face, or would you want someone over the Internet, or do you feel comfortable handling things over the telephone? In the competitive world of motor vehicle insurance, many insurance companies no longer maintain local claims offices. Now, it is not uncommon to service claims through an insurance adjuster who works from his home or a van. Other insurance carriers hire independent adjusters. Many adjusters do all their work over the telephone through an 800 number and the fax. So, the first question to ask is how will the insurance company actually go about giving you service?

In some states, the government mandates what an insurance company must offer; however, many types of coverage are not mandatory. So now I’m going to talk to you about the different types of coverage and what to think about.

The most common type of insurance coverage for the automobile, and the coverage that is most often required by law, is something called “liability” coverage. Liability coverage protects you against a claim by someone else. When a claim is made against you, your insurance company will usually put you in contact with an adjuster to work with the person making the claim against you. This adjuster works for your insurance company to see if a satisfactory agreement can be reached. If you get sued, the insurance company will hire and pay for an experienced lawyer to represent your interests. When someone claims you’re faulty driving caused bodily injury or property damage, and they prove that claim, then your liability coverage pays up to the amount you purchased. If you do not purchase enough liability coverage, then any unpaid balance comes out of your pocket. So how much liability coverage is adequate? Most states require some minimum amount of liability coverage. But the minimum coverage may not be right for you. If you have $50,000 in free and clear assets, then $50,000 in coverage might be reasonable. If you have a lot of assets, you may want to consider a type of excess coverage, but that is beyond the scope of this article. In general, you want to purchase an amount of coverage sufficient to protect your assets and cover the average range of claims in your area.

In my opinion, determining the amount of coverage which is adequate for you, is a service only an experienced insurance agent can provide. In my experience, faceless Internet purchases of insurance and purchases made from television commercials are dangerous. Discussing your insurance needs with an experienced insurance agent is not likely to cost you any more money. It will cost your time, but purchasing insurance is a big decision, and, in my opinion, worth the time.

The next most common coverage protects the investment you made in your vehicle. This is commonly referred to as “collision” coverage. Collision coverage is always written with a deductible. A deductible is the amount deducted off the top of any collision damage caused to your vehicle. The higher your deductible, then the less this coverage costs. For example, you will pay a lot more money for collision coverage if you opt for a $50 deductible rather than a $500 deductible. So what is the best buy? Compare the incremental costs of collision coverage for deductibles of $100, $250, $500 and $1000, and see how much you can save in a year. For instance, if a $1000 deductible saves $250 in a year over a $100 deductible, then you will save $1000 in four years provided you don’t have a wreck.

When purchasing collision coverage, be aware that collision coverage usually pays the cost of your repairs or the fair market value of your vehicle. If you have a car loan greater than the value of your automobile, and the wreck totally destroys your automobile, then the loan company gets the money and you must pay off the rest of the loan when you no longer can drive the car! To protect you in this situation, many insurance companies offer something called “gap” insurance.

You can also purchase coverages for fire, theft and items inside your car that are not attached to your car. Deductibles can also apply to this type of coverage.

Another common coverage provides for payment of medical expenses if you are hurt using your car. This is “medical” coverage and is much less expensive than traditional health insurance coverage. This coverage usually comes in increments of $5,000 to $10,000 and more. If you do not have health insurance coverage, you may want to spend a little more to increase your medical coverage. Medical coverage may also come with a deductible. I don’t recommend a deductible in this instance, because accidents causing injuries that need medical attention generally result in lost time from work, and the last thing you want in that situation is another bill.

Similar to medical coverage is “wage loss” coverage. This replaces lost income while you are recuperating from a car related injury. When purchasing “wage loss” coverage, think about your weekly and monthly financial obligations and try to purchase enough coverage to meet those obligations. In some states, wage loss coverage is capped, so you need to ask specific questions about this.

Lastly, I want to tell you about underinsured and uninsured coverages. Adding these coverages to your car insurance policy is very important. Underinsured coverage protects you when the person who hurts you does not have enough liability coverage to pay your entire claim. In the underinsured situation, the person at fault has some coverage, but is “underinsured” for the rest of your loss. The underinsured coverage you purchased then makes up the difference. Similarly, uninsured coverage pays when the person at fault has no insurance coverage at all. Usually, these coverages are relatively inexpensive. In my experience, many insurance companies will knock these coverages off your policy to try to make the total bill look smaller. Don’t do this. You need this type of coverage to have adequate automobile insurance.

All in all, this article will give you something to think about, but it is not intended to answer all your questions or to give you advice for every situation. For that, ask around, and find an insurance agent who your friends trust. Same as when you pick a lawyer, choose an insurance agent with experience you can trust.

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How can you help your lawyer with your case?

By helping your lawyer, you can help win your case. Here are some things we have learned at BurmanLaw over the years.

The first thing to do is ask questions. Write down your questions so you don’t forget them. No question is stupid. Your lawyer works for you, and so, your lawyer is duty bound to answer your questions.

Secondly, tell your lawyer the truth. Don’t worry if what you say will hurt or help your case. Whatever you tell your lawyer is confidential and your lawyer is duty bound not to tell anyone what you told your lawyer.

Third, make sure your lawyer has your correct address, phone numbers and email addresses at all times.

Fourth, read what your lawyer sends you. At BurmanLaw, we always send our clients a copy of whatever we mail out in their case. Some of what you read may not mean anything to you, but read it anyway. If you have questions about something, call or email your lawyer.

Tips When Giving Your Deposition

At the deposition, you’ll be giving testimony under oath. You’ll be asked many detailed questions about your case, and your answers will be recorded. The record of this process forms a document that will be sent to attorneys representing both sides. Another copy will be sent to the Court for the judge to review. Portions of the deposition may be read aloud in court, especially when the opposing attorney is trying to show contradictions between your deposition and your testimony in Court.

The purpose of a deposition is to gather facts and information about a case. It is an attorney’s ethical responsibility to learn all the facts about a case, and a deposition is one method they use. Just as the opposing attorney will be asking you many questions, your own attorney may be questioning witnesses of the other side. The deposition is a chance for both attorneys to watch what you say and how you say it. This helps them to determine if you will make a believable witness.

The deposition gives the opposing attorney a chance to look through your testimony for admissions or statements and facts that might weaken your own case and inadvertently strengthen the opposing party’s case.

Who will be there?

Your role will be the deponent (the person answering questions). At least three other people will be in the room when your deposition is taken: 1. Your own attorney, who will be there to make sure your rights are protected; 2. The opposing attorney, who will ask the questions and who is there to learn as much as possible to benefit his or her own client; 3. The court reporter, who will administer the oath and make a written document of your statement. It is possible that others will be present.

What do you have to do?

Dress. Dress neatly and carefully as you would for a business meeting or church social. Avoid anything flashy or uncomfortable.

Attitude. Be polite to everyone but not overly friendly. Try to relax but don’t get too relaxed. You’ll need to be attentive to the proceedings. If you find that you are getting too tired to listen and respond carefully, ask for a break.

Responsibilities. You have three main responsibilities: 1. Listen carefully; 2. Be sure you understand what is being asked of you; 3. Answer carefully.

You will answer the questions a lot more easily if you take you time and don’t let yourself feel pressured.

Avoiding common mistakes

Stay within the limits of the question. Give a complete answer to a question, but don’t volunteer additional information or elaborate unnecessarily. Remember, you’re talking to the opposing attorney, and any extra information you reveal may be used to weaken your case.

Be forthright and truthful. Even if you think your answer may harm your case, don’t be evasively. The facts will come out anyway, and a forthright answer will make you look better than an answer that hides or softens the facts. Remember, a deposition is not just a chance to gather facts; it’s also a time to establish your credibility as a witness. Often, an opposing attorney will ask you whether or not you have discussed your testimony with your attorney before the deposition. There is nothing wrong with discussing your case with your attorney, so don’t let the opposing attorney make you feel uncomfortable about admitting that you did. Should the opposing attorney go further and ask you if your lawyer told you how to answer the questions, just say that you attorney advised you to answer the questions to the best of your ability and to tell the truth.

Avoid guessing the facts. If you let the opposing attorney lead you into guessing at an answer, it may be inconsistent and can be used against you in Court. You are not expected to know the answer to every question. Your job is to answer each question to the best of your ability, and sometimes the best answer is “I don’t know.”

Understand the question. Just as you should never guess an answer to a question, you should never guess the meaning of a question. Always ask the meaning of any words you don’t know. Sometimes, attorneys will use legal language that is unfamiliar to most of us. Ask the attorney to rephrase the question if you don’t understand its meaning.

Don’t advocate your case (trust your attorney). Sometimes, the opposing attorney will ask questions to make you look like the suspicious party. The natural response is to become angry and try to defend yourself. Remember, if you do, you’ll probably end up making many of the mistakes we’ve already discussed. Angry, defensive behavior doesn’t make a good impression and it also may reveal a weakness that the opposing attorney may use to make you look bad in Court if your case goes to trial. So stay calm, listen carefully, and answer the questions politely no matter how annoying they may seem.

Sympathy. In a personal injury case, you may be tempted to try to win sympathy, when describing injuries you have suffered. Complaining, particularly in a whining tone, can cost you respect. However, do not go to the other extreme and “tough it out’ by not admitting the real pain and injury. Answer the questions about your injury fully and completely.

Be consistent in your facts. Before your deposition, go over the facts of your case. Check to make sure the facts don’t contradict each other. Write them down and review them. Review any documents you have, however, don’t try to memorize possible answers to any questions. Know your facts, listen to each question as it is asked and answer it in your own words.

Give your full attention throughout the deposition. During the course of the proceedings your attorney may object to something the other attorney has said. This is a good time for you to pay very close attention. Your attorney may be concerned about an unclear or improper question that has been asked. Do not proceed until your attorney has instructed you to do so.

Videotape. It’s becoming more and more common for the court reporter to videotape a deposition. Your attorney should be able to tell you whether this will occur and give you any special instructions you may need.

Documents. If you have documents concerning your case, such as checks, receipts, insurance forms, etc., your attorney will tell you which of these you need to bring to the deposition. Never bring any documents to a deposition without first consulting your attorney because anything you bring will be open to discovery by the opposing attorney.

How long will your case take?

Insurance claims can be made through the court system, but only a small percentage of auto accident cases are taken to trial. Almost all cases are settled for some reasonable amount within a year. Normally, as soon as you have reached maximum medical improvement, a final settlement amount can be negotiated. There is no set time for any case. Every case is different and has its own issues. Every case takes as long as it needs, and you should only settle for the full amount you deserve.

THE LEGAL PROCESS

These are the steps you will go through in a personal injury case:

  • Gathering evidence—You must prove legal causation and your damages.
  • Reaching MMI-Once your doctor releases you or states that you are as good as you are going to get, our office will gather the medical evidence in your case.
  • Settlement Demand—Once we have all the evidence, we will send this information to the adjuster along with a demand that you authorize.
  • Negotiations—After the adjuster reviews your case, they normally call with a lower offer. I will negotiate your claim with the adjuster. I will not settle your case without your permission.
  • Settlement Reached-If settlement is reached, you should receive a settlement check within four weeks.

If settlement is not reached at this point, we will begin litigation:

  • Filing the complaint-This starts your lawsuit.
  • Service of process-This part of the case is proof that the other party received the lawsuit.
  • Defendant files his answer-After a person receives a copy of the lawsuit, they have 20 days to file an answer to the lawsuit.
  • Written discovery-This is where we ask for facts, admissionsand documents from the other side. Questions are in writing. Answers are given under oath.
  • Depositions-Similar to written discovery; however, depositions are oral answers to questions. See our brochure on “Giving your Deposition” for more information on this issue.
  • Trial– After you have gone through all the above steps and you cannot reach a settlement, you go to trial.

What you should do after an accident

Accidents can happen to anyone. The results can be tragic and sometimes permanent. One of the most important things you can do to help me with your case is to keep good records.

Gathering the Evidence: The beginning of your case involves gathering evidence to prove that you have a claim. Some of the information we will have to gather will include, medical bills, reports and records and lost wage information. Medical bills and records we can obtain, but make sure you bring or fax me all work excuses .

Placing a value on your case: Estimating a victim’s potential recovery requires evaluating the factors that juries consider when awarding money for an injury. There is no set formula on deciding how much your claim is worth. Lawyers and insurance adjusters evaluate your claim. I always discuss the value of your claim with you before discussing it with anyone else.

What damages you can collect: Some of the items you are allowed to collect for in an injury case may include:

  • Medical expenses
  • Pain and suffering
  • Lost wages and earnings
  • Future lost wages
  • Property damage
  • Mental anguish
  • Death benefits
  • Loss of consortium

Proving cause in fact: You must prove your damages. You can say “I want a million dollars”, but you have to prove how you were caused a million dollars in damages.

INSURANCE ADJUSTERS

Once you have signed up as my client and I notify the insurance company that I represent you, the insurance company should no longer contact you about your injury claim. If someone does call you, ask for their name and telephone number then politely terminate the call. Notify me and provide me with the name and telephone number. Insurance adjusters work for the insurance company, not you.

PHOTOGRAPHS

Photographs show damage and injury better than medical records and estimates. Our office will secure photographs of the accident scene, the damage to your car and your injuries.

FRIENDS AND FAMILY

Friends and family may want to give you legal advice because they knew someone who went through the same thing you are going through. It is not a good idea to accept this kind of off-the-cuff legal counsel as competent. Always call me for the answers to any questions you have about your case.

CHANGE OF ADDRESS

Be sure to let me know immediately of any change in your address or phone number. I may from time to time receive something on your case which needs to be relayed to you for prompt action on your part.

RETURN TO WORK

You should return to work as soon as your doctor says that you are physically able to do so. Please make sure you bring a copy of all off-work excuses to my office.

REIMBURSEMENT CLAIMS

If you have health insurance and you have made a claim against that company to pay medical bills resulting from your injury, your health insurance may ask for reimbursement of the benefits paid on your behalf. If you receive a letter from your health insurance carrier regarding any bills they paid as a result of your injuries, please make sure you inform me immediately.

Why hire a lawyer to handle your personal injury case?

You should hire a lawyer so you will not be at a disadvantage. Insurance companies work to pay you the lowest possible amount. Insurance companies try to “sell you” on the idea that your case is worth less than you think. Your lawyer helps you understand what your case is really worth. Years of courtroom and trial experience give your lawyer an advantage over insurance company adjusters who are not as skilled or experienced as your lawyer.

You should hire a lawyer so you can focus on what is most important. Injuries cause permanent changes in your life. Families suffer. And, the death of a loved one turns everything upside down. By hiring a lawyer, you have more time and energy to focus on what is important in your life.

You should hire a lawyer so you can make the strongest possible case. The stronger the case, the more likely the insurance company will settle out of court under terms favorable to you. Working with your lawyer, you can build a strong foundation for your case. And with technology, your lawyer can develpe these things into pictures, graphs and video that convince the insurance company that you can fight and win.