Vermont & New Hampshire Injury Blog

Lawyer Marketing - Why We Need It.

A law firm cannot stay in business if the phone never rings and new clients never walk through the door. So, when someone does walk through our door we are always interested in how they came to hear about us. What made them choose our firm? Our receptionist does an excellent job screening potential new clients. But with marketing costs approaching $1000 a case we would like to know which methods work and which do not.

We understand that if you are injured in an accident or have lost a loved one. This is the last thing on your mind. We get that. We also understand that your concerns are our concerns. But having a steady string of cases makes us a stronger law firm by giving us the revenue stream to go the extra mile like we do and by providing us with a chance to gain further expertise and experience that enhances our reputation as the personal injury law firm to go to in Vermont and New Hampshire.

Driving While Texting as Impairing as Driving Under the Influence

OK call me naive but when I first heard that people were driving and texting at the same time I couldn't believe it. First of all, I can barely walk and chew gum at the same time so the thought of writing to someone while moving at 100 feet per second seemed impossible. Then I started noticing drivers doing it. Granted there are talents in today's youth that surpass my own. Just the other day I was in a conversation with a high school student who texted a friend the entire time. I was amazed by how fast she could move but she could not do it without taking her eyes off of me. What we have to convey to our kids is that in one moment of distraction your whole life and the lives of others can change.  If you've been injured and need to speak to an attorney or would like some more information on the dangers of texting and driving please contact Van Dorn & Curtiss. 

What To Do if You Collide with an Animal

Motorists collide with deer, moose, and bear everyday in the North Country. It's just another hazard associated with operating a car on our roads. Stay alert and drive with caution but when all else fails;


Here's what you should do if you hit an animal while driving

• In New Hampshire, if there is damage to the vehicle when you strike something, including colliding with an animal, you are required to file a report.

• Call the police or animal control immediately so they can take proper measures if the animal is injured or dead.

• Examine the animal to make sure it is not injured or hurt. If it's a bear - stay in the car.

Do not pick up the animal, whatever size it is. It could kick or bite you.

Stay with the injured animal (in your car if necessary) until help arrives.

Alert oncoming cars of the accident with your high beams, hazards or flares.

Van Dorn and Curtiss Reaches Out to the Spanish Community

Cristina Rousseau was born in Quito, Ecuador as Ines Cristina Saltos Hildalgo but moved to the United States in 1991 to go to school. She earned her law degree from Vermont Law School and has been with Van Dorn & Curtiss since 2004. According to Mrs. Rousseau the Accident Victims in the Spanish speaking community in New England has been underserved.

Cristina speaks Spanish as her native language and understands the qualities that make our Spanish speaking neighbors unique. Just one more example of what makes Van Dorn and Curtiss, PLLC unique here in the Upper Valley and how we go the extra mile to serve our clients.

If you been injured please contact us for a free consultation.

Sharing the Road is a Two way Street.

"Bicyclists fare best when they act and are treated as drivers of vehicles." According to the Vermont Bicycle and Pedestrian Coalition, cyclists should obey all traffic laws and ride in a manner that is predictable to motorists. By behaving in this way a cyclist becomes a good ambassador for bicycling. 

On the other hand, motorists must acknowledge a cyclists' legal right to the entire lane not just the two feet near the shoulder. No bicyclist sets off with the intention of slowing anyone down or getting in anyone's way. And no cyclist wants to be hit by a automobile either. 

Vermont law requires motor vehicle drivers to drive in a manner that is safe and that respects the right of way of other vehicles on the road. Bicycles are given all the rights and responsibilities of other vehicles under 23 VSA § 1136(c). Bicyclists are legally allowed to ride on the road.

New Hampshire law even provides for a three foot buffer at 30 mph and 1 foot for every 10 mph above 30 mph when passing a bicycle on the road. Don't let impatience cloud your good sense; treat a bicyclist like you would a farmer on a tractor. Slow down, pass when it's safe. Both the farmer and the bicyclist represent attractive portions of our rural and scenic economy. 

Make sure the firm you hire has lawyers experienced in trying cases.

Incredibly, many of the heavily advertising personal injury lawyers and law firms have never tried a case to a jury. They are completely without this courtroom experience. This is as if you ask a doctor to perform surgery who has never operated before. Insurance companies know that a lawyer without experience in court is not likely to be as successful as an experienced lawyer and the settlement offer made by the insurance company will reflect this reality.      

Many of the heavily advertising personal injury lawyers who don't go to court will tell you that it is not necessary to go to court to settle your case, as their reason why they don't go to court.  Don't believe them.  What they are telling you is not true.  If they do not have a successful track record in the courtroom where it counts, insurance companies have no incentive to pay for your settlements because they know that ultimately the attorney will take whatever it is the insurance company decides to pay them.  In these situations the insurance companies and defense law firms are in the driver's seat, not the plaintiff's attorney who doesn't go to court.  

 If an attorney handling your case has no experience in court, and the insurance company does not offer a fair settlement, there are only two options.

 1. The lawyer for the first time tries the case before a jury, and has a real learning experience, the problem is it is your case he is learning with; or

 2. He must refer the case to an experienced firm. The problem here is that then the lawyer has to give the experienced firm the lion's share of the fee. Some lawyers may put their economic interests ahead of the client's and convince the client not to go to court and take a smaller settlement so they do not have to give up the majority of the fee. 

Presently, about 60% of the cases in our firm are referrals from other lawyers. Fortunately, we deal with referring attorneys with high ethical standards who put their clients' interests first even if they will earn a smaller fee by referring the case to an experienced firm after the insurance company fails to offer a fair settlement.

Make sure the firm you hire is willing to take the case to trial.

Any lawyer can settle a case.  The truth of the matter is that any lawyer can negotiate the settlement of a personal injury claim. The question is whether they will settle the case for a fair and just amount or will they take whatever the insurance company offers.  Lawyers without track records and experience in trying cases to juries have no leverage with insurance companies and insurance defense law firms. The insurance companies and insurance defense law firms know that many attorneys will not go to court, and therefore they are not compelled to offer anything close to a fair and just settlement.  They know that if the personal injury victim is represented by a lawyer who doesn't go to court that lawyer will have to recommend a settlement for much less than the full fair and just value of the claim. If you have a law firm for a serious personal injury claim make sure that law firm can prove to you that they have leverage based on their experience and track record. Have them put you in touch with former clients who they have actually represented in a courtroom and gotten jury verdicts for. 

As we noted before, the only thing the insurance companies respect is a  law firm that has taken cases all the way through to jury verdicts successfully.

Make Sure the Firm You Hire Has The Necessary Knowledge and Experience to Handle Your Case.

At Van Dorn & Curtiss, we have been practicing law handling personal injury cases for over 25 years. Because of our experience and reputation, other lawyers often contact us with questions about their cases. Generally, this is a good idea. If you don't know the answer to a question - ask someone who does. But what is alarming is that some lawyers ask questions that make it pretty clear that they don't know the first thing about the complexities of personal injury law.
We do our best to answer the questions, but we often think about the poor client relying on a lawyer who simply does not have the necessary knowledge base to properly handle the claim.


The real scary thing is that we see big ads in the phone books advertising these same lawyers as personal injury attorneys. Personal Injury attorneys who do not go to trial and who lack the general knowledge base of know how to process a claim just to achieve a successful settlement.  Don't just choose the lawyer who has the big advertisements.  Rather, consider experience and reputation when choosing the right lawyer, especially if the case is at all complex.

How To Find The Best Law Firm For Your Personal Injury Case

If you want to hire the best firm for your personal injury case you have to look past the ads and find out about the credentials of the law firm.  This means their experience, track record and the types of services they offer. Our firm outperforms other firms in our area both in the quality and range of services provided.

Make sure the firm you hire provides a full range of services.

We once had a women call us who was already represented by a law firm in an automobile accident case where she sustained a head injury. She needed help right away because she couldn't get her health insurance or automobile insurance to pay for the medical care she needed. She was very frustrated because the firm she picked to represent her from the yellow pages told her they "didn't take care of those kinds of problems and that she should get creative and handle it herself." 


To us this was outrageous. Here is a woman who can't even work because of a severe head injury and her lawyers are telling her to use her head and figure it out herself. Well, she got creative all right. She fired that firm and hired our firm and two phone calls later the problem was solved and she was able to get the medical care she needed and the insurance company paid for it. On top of it all, the first law firm had the nerve to try and charge her a fee for the services they rendered.

The very good personal injury law firms do not only try to settle your case but they also provide a full range of related services.

Ed Van Dorn Recognized For His Commitment to the Grafton County Drug Court

The Drug Court Sentencing Program in Grafton County offers addicts an opportunity to participate in an intense, court supervised rehabilitation program for two years instead of going to jail. The program is open to non-violent adult offenders, including probation violators, who have a history of addiction and drug-or-alcohol related crime and now face new criminal charges that are most likely to result in a prison term.  Ed Van Dorn, senior partner at the Law Offices of Van Dorn and Curtiss, Orford, NH, received recognition from the Grafton County Drug Court for his extraordinary commitment and contributions to this program.   

 

 As part of a plea agreement with the Grafton County Attorney's Office, participants in the program report to the judge each week to talk about their progress. Each participant also undergoes regular drug testing and meets with treatment counselors. Their case is reviewed each week by a drug court treatment team, including the judge, and there are quick sanctions, including jail time, if a participant violates the program rules.

 

Mr. Van Dorn was recognized during the graduation ceremony of Marcus S. with Timothy Vaughan presiding. In attendance were Attorney General Kelly A. Ayotte and Grafton County Commissioners Raymond Burton, Michael Cryans, and Martha Brown Richards as well as chief prosecutor Rick St. Hilaire.

5 ways to Put People at Ease When Taking Video Testimony or When Hosting a Dinner Party (Part 3)

Life is so stressful for our clients when they come into our office. Putting them at ease by listening to their story is our gift to them. And let's face it; we all like to talk about ourselves. For instance, if you want to make certain that someone enjoys your company just let them talk about themselves when you are with them. You will learn more about this person and they will walk away thinking about how much better they feel when they get to spend time with you.

 4.   Be Respectful. Often, the person you are interviewing has just been through some terrible experience that you       are asking them to recount. We need to honor that by being respectful and listening to their experience. Seek out ways in which you can empathize with them. Put yourself in their shoes and walk with them a bit. Ask questions. Make sure they understand that you know where their coming from even if you cannot identify with their plight directly.

5.    Show Them Yours and They Will Show You Theirs.  One way to get someone comfortable with opening up with you is to open up with them. They've just been in an accident. Tell them your accident story and how that accident affected your life. Be open, honest and forthright. Do not withhold details; give them the whole account even if you have some negative emotions associated with it. At worst, it will make you seem human and they will appreciate you taking the time to open up to them and at best they will see that you're a person with whom they can identify and trust and will feel secure in opening up with you.

Once you have created an atmosphere of mutual respect, gratitude, honesty, and authenticity then you can sit back and listen to them tell their story. If it's a testimonial then it is helpful to lead them through their case and let them relive it in front of you. When it comes time to ask them to recommend you to another person then they will come across as enthusiastic and genuine.

 

5 ways to Put People at Ease When Taking Video Testimony or When Hosting a Dinner Party (Part 2)

Last night a friend joined me at the house for a mountain bike ride in the woods adjacent to our property. It was a beautiful night for a ride and we had a great time. I fell once and came home bleeding and bruised. My friend is having trouble at home and needed to talk about it. I don't think he would have felt comfortable opening up to me if I failed at any of these five steps.

 

2.   Be Grateful. You have called this person in for your benefit. They have had to miss work and drive to your office to be interviewed about something that they would like to put behind them. They are doing you a favor by helping you with      your case or by promoting your business. It's a simple gesture but thank them.

 

3.   Film More Than You Need. Go Back and Edit.  The other day, I watched a partner in our firm sing a country song into the microphone prior to recording a radio commercial. It was his way to get comfortable before the real take. He reasoned that it was harder to sing in front of someone than it is to read advertising copy. After watching him record two radio spots on the first take, I'm a believer. Let the tape roll. Get a few minutes under your belt before you go into the meat of the interview. This allows everyone to settle down and relax.

 

5 ways to Put People at Ease When Taking Video Testimony or When Hosting a Dinner Party

Last Thursday, we invited a few clients into the office to shoot video testimonials for our website. We knew these clients would say something nice about our firm. Honestly, how could they not? We helped them win a large settlement and gave them some hope for the future. But even with great results, clients are not actors. Discomfort in front of the camera can lead to forced or canned testimonials, leaving customers with a less than favorable impression of your firm. Getting them comfortable in front of the camera is the key to a good testimonial, video deposition, or any other situation requiring a open and relaxed atmosphere.

            To help us do this we invited our friend Jeff Larrimore up from his home in the New Hampshire woods. He is licensed in California but resides in the Leominster. Jeff teaches at Gerry Spence's trial academy and has the gift of putting people at ease. I sat and watched the man work and picked up a few things from him. Here's five ways to help people relax and make them comfortable in front of the camera or anywhere else for that matter.

 

1. Be genuine.  Just as a jury can spot a phony as soon as he or she walks in the door so can any person that you might have to interview for the camera. Keep a professional attitude. Remember your objective: to generate more cases for your firm. If you expect an authentic and honest response from your client then you have to offer yourself honestly as well, even if that means that you have to admit that you would rather be doing something else. Chances are the person you are interviewing would rather be doing something else also. So, now by admitting that to a person you have found common ground.

Seven Questions that You Should Ask if You Are Injured

If you have been injured in a way that may be someone else's fault then you need to ask these seven questions.

1. Am I entitled to compensation for the injury? Lost wages, medical bills, pain and suffering, reduction in quality of life, these should be compensated. It won't reduce the suffering or pain but it won't hurt either.
2. How is this compensation decided? Our firm handles medical liens at no extra charge to our clients. We take a standard 1/3 of the settlement as our fee but with us you get your money's worth.
   
3. Am I entitled to payment of medical bills? If you are injured, don't "tough it out" go see a doctor and keep good records of your bills, your time away from work, and your treatment. Remember the goal is to get better.
   
4. Am I entitled to payment of lost wages? You are if you have missed work due to your injury.
   
5. Am I entitled to compensation for pain and suffering? In some cases this makes up the biggest part of the settlement.
   
6. How do I prove who was at fault? Our attorneys know how to get to the bottom of an accident. We use expert witnesses and a relentless pursuit of justice to fuel our discovery.
   
7. Do I require the services of a lawyer? If you are not sure how you would go about handling a settlement or are not prepared to hold the insurance company responsible then the answer is yes.
   

Choosing the right lawyer makes all the difference. Let Van Dorn and Curtiss put our experience to work for you.

Using Caution on the Roads

On my way to work this morning, driving up I-91in the pouring rain, just South of Hanover,  New Hampshire, I witnessed a taxi cab driver lose control of his vehicle and slam into a rock ledge. Water pooled on the road and visibility was low. At first, I couldn't believe what I was seeing.  When mud started flying up from his car, I knew that I needed to slow down and give him plenty of room. Thankfully, no one was hurt. Both of us were travelling at speeds lower than the posted limit. I was doing 60 mph and made up no ground on him. Likewise, the taxi kept the distance between our two vehicles constant. But, when the roads are wet extra caution is required. The taxi driver bled from the nose and hand. I couldn't determine if there were other injuries.

 

In other news, a motorcyclist was killed in a head on collision on Route 2 in Vermont.  The driver is being investigated for driving under the influence of drugs. I'm not sure if that means he was smoking marijuana or taking pain medication but either way it seems like negligent behavior to me. My heart goes out to the families of both drivers.

 

Finally, stimulus money has entered Vermont and New Hampshire and with it lots of new road construction. Slow down, give those folks a brake as they say and we'll all be safer.

 

Who is Responsible For My Injury?

            It is by grace that I have only a few scars. This is not to say that I haven't been wounded. I have. Often, my injuries have been the result of my own actions, lack of foresight, or a combination of the two. At times, my injuries have resulted from being in over my head like when I broke my back snowboarding. We were riding at Wolf Creek in Colorado. I tried to keep up with a friend of mine who was a much better snowboarder than me instead of picking my own way down the mountain and I paid the price.  Then there was the time I fractured my left foot when I jumped off a cornice on my snowboard. It was like leaping off of a two story house. The leap was too big; too soon. No one else could be blamed for these injuries and looking back on them I can see that they were avoidable. I have learned from these mistakes and I now avoid the arrogant mindset that got me into trouble in the first place. Experience is a great teacher but the tuition is high. In personal injury law, we encounter people who've been injured as a result of someone else's negligence. Meaning that they did everything right and someone else didn't live up to their responsibility.  Live long enough and you see that bad things happen to good people, good people make bad decisions and sometimes those decisions cause harm

 

           

Willing to Take a Case to Trial

What leverage does your attorney have if he or she is not willing to take your case to trial in front of a jury? The answer is very little. Then why would you trust your case to one of our competitors whose ads you might see in a phone book or on television when they have only tried one case between them. 

At Van Dorn & Curtiss, our attorneys prepare your case as if a trial is a foregone conclusion. We take depositions, get experts involved and do all the things necessary to make an effective presentation to a jury of your peers. We know that people selected for jury duty are intelligent. We know that nothing gets by twelve people. And because of our experience in front of a jury we know how to prepare for this presentation.

We will come armed with the truth and ready for a battle. When the insurance company sees the case we've built, we then have the leverage we need for a successful negotiation. Don't settle for less. If you have been injured by someone else's negligence please call Van Dorn & Curtiss today for a free injury report.

Van Dorn and Curtiss now on Facebook.

OK so now we're on Facebook. Why? You might ask. Well, we think that if you get to know our story a little better then you'll see that we live up to the bold claims that we make on our website. We're the best personal injury law firm in the Upper Valley. We humbly make that claim. But we're human too. We live in these communities and have ties here. We care about our clients because they're our neighbors as well. We care about their stories and we take pride in being able to brighten that story.
So, become our fan on Facebook and watch as we let our hair down a little where appropriate. But hey, it's not all fun around here and we'll show you how we prepare to do battle for our clients as well.
http://facebook.com/pages/Orford-NH/Van-Dorn-Curtiss-PLLC/110279490239?ref=nf

Van Dorn & Curtiss can now be followed on Twitter

There isn't anyone anywhere that's figured out how to use social networking sites to effectively market to their customers. If someone tells you they have then they've lied. But that's not going to stop me, Jeff, the summer intern, from developing new and interesting ways to reach out to potential clients, past clients, other attorneys, and people who are interested in the law here in New Hampshire and Vermont. Check our updates at http://twitter.com/TrialLawyer1

Further complicating our strategy is the fact that lawyer to client advertising is frowned upon. But that is changing. Besides, we're not a bunch of ambulance chasers looking to make a quick buck off of someone else's misfortune. On the contrary, we are regular people who have had our share of trying times as well. We know what it's like to be suffering and to require the assistance of others. When we take on a case, we do so out of respect for our client is going through. Our track record confirms it.

When speaking in front of a jury one thing is certain; the people who make up that jury are not stupid. They can spot a fake a mile away. If we were not interested in our client's best interest or in just making a buck then we would not have achieved our claim as the most experienced and most successful trial lawyers in New Hampshire and Vermont.