Law Office of Amee Lunn

What you should consider when deciding whether or not to accept a settlement offer…

Amee Lunn — Fri, 09 Apr 2010 13:55:10 +0000

During the course of most personal injury cases, the opposing party will make a settlement offer. In most cases, the opposing party will start with an offer that is lower than what they are really willing to pay. Settlement negotiations generally involve some back and forth between the involved parties to see where the opposing party genuinely stands on the case. The defendant of course wants to pay the least amount of money possible to resolve the case. Your attorney will advocate for you to try to get you the highest amount of compensation possible for your injuries.

Ultimately, the decision of whether or not to accept an offer is solely up to the client. When I convey an offer to my client, I do like to give them my opinion and some guidance on whether I think the offer is fair. Here are some things that you should consider when trying to make the final choice:

Would you be satisfied if you accepted the offer?
Are there any particular factors in your life, financial or otherwise, that should play a part in whether you should accept a settlement or whether you can afford to wait a few more months or even a few more years before concluding your case?
Are you willing to put the time into the case if you choose to decline the offer - for things such as interrogatories, depositions and potentially testifying at a trial?
Do you feel that the offer is fair and reasonable based on the type of injury you suffered?
Do you have any prior accidents or claims that may play an adverse role in your case if it were to go to trial?
Have you asked your attorney about any further expenses that may be incurred if you choose to decline the settlement (sometimes the expenses can outweigh any slight increase in the settlement offer - making it smarter to accept the lower offer and not have to incur further expenses)
Would you prefer a known outcome to your case (the settlement offer) or would you prefer to have your case decided by a jury of your peers or a judge?

Think these things through before making your final decision. If you have any questions, do not hesitate to ask your lawyer for more advice or information.

Why is it important to have attorney representation in a personal injury case?

Amee Lunn — Wed, 27 Jan 2010 21:14:59 +0000

Most personal injury cases involve insurance companies. The first part of a personal injury case usually involves an attempt to settle the case with the insurance company. If the insurance company’s adjustor realizes that he or she is dealing with an unrepresented party (someone who does not have an attorney), the adjuster will probably try to settle the case quickly and for the lowest amount of money possible. It is important to hire an attorney as quickly as possible after an accident.

Insurance companies also try to gather the information they want, before an attorney is involved in a case. This includes taking statements from the parties involved in the accident, taking photographs and speaking with witnesses in the case. If you involve an attorney early in the case, he or she will be able to gather information and prevent the insurance company from obtaining information that they may not be entitled to.

Attorneys also have a lot more experiencing presenting a case to an adjuster in a clear and convincing manner. Your attorney will also have a much better sense as to what a fair value is on a case and can guide you through settlement negotiations. If the right attorney is involved, the adjuster will know that if the case does not settle, the attorney will not hesitate to file a lawsuit against the party they insure. Of course if the case does not settle, your attorney can file a lawsuit and handle the case all the way through a trial, if necessary.

If there is no insurance in a case, it is also important to speak to an attorney because he or she can find out if there are any other potential sources of money available to the defendant that could be used to pay for your injuries. The bottom line is an experienced personal injury attorney has the experience and understanding of how to handle a case and get you the fairest settlement/judgment possible.

What does Uninsured or Underinsured Motorist Coverage Mean on My Insurance Policy?

Amee Lunn — Thu, 07 May 2009 01:32:07 +0000

If you have ever taken the time to review your insurance policy or the declarations page (the page with all of the policy limits spelled out) that your insurer sends to you, then you have probably seen or heard the terms UM/UIM or Uninsured/Underinsured Motorist Coverage. Uninsured motorist coverage (UM) is a provision in your automobile insurance policy that provides coverage to you the insured if you are injured in a motor vehicle accident caused by someone operating another vehicle and who does not have any insurance on their vehicle. In order to invoke the coverage, the accident needs to have been the fault of the uninsured party.

Underinsured motorist coverage (UIM) is a provision in your automobile insurance policy that provides coverage to you the insured, if you are involved in a motor vehicle accident caused by someone operating another vehicle - and who does not carry sufficient insuranceto compensate you for your injuries. As a general rule of thumb, to invoke the underinsured coverage - your policy limits for your UIM coverage need to be greater than the underlying limits of the tortfeasor (the person who caused the accident).

Therefore, when you select the policy limit amounts, you should take into consideration that UM/UIM coverage is for your own protection in the case of an accident.

5/6/09

Amee Lunn — Thu, 07 May 2009 01:12:40 +0000

I know it has been a long time since I last posted to this blog. Things have been so busy between work, training and family commitments…busy but good. That being said, I did have to take a little time off because I had family visiting and we took them on vacation. However, I am happy to report that my bike finally came in and I have now started to ride. The timing was great in a way - with the warmer spring weather - it is definitely nice to be outside. I actually did my first ride down in Delaware while we were on vacation. I did 14 miles which was not bad for my first time out. Once I got my bike - I decided to go one step further and get the clip pedals put on that are accompanied by the special shoes (they look like cleats). My very first day - at the bike shop - I fell in the parking lot (for those of you who do not know, your feet are clipped to the pedal and you have to release them in order to step down). It takes a little getting used to, but I am starting to like them. I was able to take a longer ride today and rode for 35 miles on fairly hilly terrain. We will have to see how my legs are doing tomorrow!

Are there time limits to bringing a personal injury claim?

Amee Lunn — Sun, 29 Mar 2009 20:33:03 +0000

Yes. The laws provide something called statutes of limitation. The statutes limit the time period within which you may file a lawsuit in order to recover from another party in a personal injury matter. Generally speaking, the statute of limitations is two years for a personal injury case. That is two years from the date that the act that caused the injury occurred. In certain cases, it may be two years from the date the injury was discovered. There are also some variations to the time limit depending upon the type of case. For example, in a dog bite case, the statute of limitations is actually three years.

Another thing to keep in mind is that your case may involve a claim against a municipality or the state. This is important to keep in mind because the law requires that the municipality or state be put on notice of the claim. The time period within which you must file the notice depends upon who you are making the claim against. It generally ranges from ninety (90) days to six (6) months.

Therefore, the best thing to do is seek legal assistance immediately. This will provide your attorney with more time to investigate your case and provide any necessary notice to the defendant. Further, it will help you to ensure that you are not barred from making a claim due to any time limitations.

3/27/09

Amee Lunn — Fri, 27 Mar 2009 22:45:10 +0000

Since it has been some time since my last post, I thought the best thing would be to update you on my current training regiment. As you might recall, the trainer I met with gave me a metabolic circuit program that he thought would be helpful to train for the transitions in a triathlon. I have been going through that circuit two times per week at the gym and I definitely find it challenging. On those days I also try to get in some light cardio work. I have also increased my swims from one time per week to two times per week. Based on some information I read, I am trying to spend one of my two swims working on my stroke. The other day I just try to swim for endurance. I am up to 80 laps now on a really good day 90 (in two sets of 40 + 10) and I definitely find it tiring but hope that it will help me. I try to run one day per week too.

I finally ordered a bike (a Cannondale Feminie) but didn’t want to spend too much money so I purchased an aluminum frame rather than a carbon fiber frame. I was initially told the bike would be in the store in about one week to ten days. Well now I have been informed that the frame is on back order and will not be in until May1st! This stressed me out a little because I really was hoping to start riding, however, there is not much I can do about it - unless I want to spend more and get a carbon fiber frame. Today was a beautiful day and I am so glad that things should just get better and better weather wise. Once it does get consistently warm, hopefully, I will be able to get outside to run and to ride! Till next time…

What am I entitled to be compensated for?

Amee Lunn — Mon, 16 Mar 2009 22:27:02 +0000

In a personal injury case, the types of damages or compensation that you are entitled to are called economic and non-economic damages. Economic damages mean specific financial losses that are quantifiable. For example, economic damages include things like medical bills, lost wages, lost future income, etc. Non-economic damages refer to things such as pain and suffering, an inability to perform activities of daily living, mental anxiety and stress.

When an attorney looks at a case, he or she can come up with a figure representing the economic damages rather quickly. However, it is the non-economic damages that are difficult to agree on and are subject to the opinion of the client, the claims adjustor and the attorney. Everyone has a different opinion as to what someone’s pain and suffering or emotional distress might be worth.

In certain specific instances, you may also be entitled to something called punitive damages. These are a type of money damage that are intended to serve as part of a punishment to the defendant. For example, you may be entitled to punitive damages in a case where someone causes an accident because they were driving recklessly. The type of damages you are entitled to really depend upon the specifics involved in your case.

3/16/09

Amee Lunn — Mon, 16 Mar 2009 22:13:40 +0000

I met with the trainer about a week and half ago and we talked a lot about my goals. We also did the BMI check and body fat percentage check and I was in a healthy range…which was good to see. It was not an active session, more of an educational session. I learned a lot (the trainer really seems to know what he is talking about). We scheduled a second appointment to have an active session up in the gym. The trainer explained that in order to train for a triathalon, you obviously need to condition for the swimming, biking and running, however, one of the things that people often miss is training for the transitions in a triathalon.

He said that this was something he could help me achieve in the gym by doing circuits short intense cardio alternated by strength training. He also stated that once it got warmer that I should practice the actual transitions by swimming and then hopping on the bike and riding or riding and hopping off the bike and running. The workout he took me through was pretty intense but it felt very effective. I am also excited to say that the bike I ordered should be coming in soon. I am looking forward to starting that part of my training because at this point, that is probably my weakest area of the three. The swimming is going fairly well and the running is as it usually is. I never seem to find it easy but I get through it. I went for a run outside yesterday, probably about 4.1 miles. It felt good to be outdoors again!

Slumdog Millionaire - have you seen it?

Amee Lunn — Fri, 06 Mar 2009 02:53:13 +0000

Though it is not related to a legal subject, this movie is still something noteworthy for the Gujarati community. It is almost impossible not to hear the title “Slumdog Millionaire” on a daily basis these days…and you know something, its great! Whether it is an ad on television or a friend asking me if I have seen it, this movie has caused a lot of positive buzz amongst people of all ages and backgrounds.

Slumdog Millionaire is a 2008 British film directed by Danny Boyle and written by Simon Beaufoy. It is based on a 2005 novel called “Q&A”. The film has won several awards, including 8 Academy Awards, 5 Critics Choice Awards and 4 Golden Globes! Even more exciting for the Gujarati community is the fact that the film’s main character, Jamal Malik, is played by a Gujarati actor by the name of Dev Patel. It definitely makes me proud to hear that a fellow Gujarati is part of such an enjoyable movie and something that is so significant in our country.

I am really excited to see how people all around me (Indian and non-Indian) are embracing this film. Things have come a long way in this country. When I was growing up, I remember feeling uncomfortable about eating Indian food around my friends, for the fear that I would be made fun of because it was something different that they did not understand. However, in the recent years, I have enjoyed seeing how more and more people not only accept but are falling in love with Indian food. Now, people are also falling in love with a movie that is based on events occuring in India….and its really nice to see how things are continuing to progress.

In case any of you would like to purchase a copy of the flim, it is set to release to DVD and Blu-Ray disc on March 31, 2009.

3/5/09

Amee Lunn — Fri, 06 Mar 2009 02:03:05 +0000

Things went well at the pool yesterday - I swam 61 laps. I did one set of 50 and one set of 11 (I like doing the extra one lap for good luck). If my calculations are correct, the swim for the IronGirl is about 40 laps. It will be different swimming in a lake of course (no ends to push off of and an inability to see the bottom) but swimming at the pool seems like a good way to train in the winter/spring. Of all things, my neck was hurting today. I am sure it is because of the position I keep it in while I am swimming freestyle and breaststroke.

Just to give you a little background info, I started swimming in the beginning of December. I could only do about 4 laps at a time but I would try to do 40 total. I still can’t swim the entire distance doing strictly freestyle. My understanding is that most people do swim freestyle but you are allowed to swim any stroke. I am sure I will end up with a combination of freestyle and breaststroke on race day. I have an appt. with a trainer at the gym tommorow at 6:30 a.m. When I spoke to him today he said something about metabolic training being helpful to prepare for the transitions in a triathlon. I will fill you in once I find out more…