Motor Vehicle Accident Victim Concerns

If you or someone you care about has been injured in a motor vehicle accident, you probably have serious concerns that need to be addressed right away. How should you deal with your insurance company? What do you say to the insurance company that may or may not be harmful to the claim? Should you make a statement to investigating police, if so what should you say? Should you seek medical treatment for your injuries right away or are you afraid you will incur large medical bills that you cannot pay?  Who will pay the medical costs for the treatment you already received? How can you make up missed time at work and be compensated for your lost wages? How and when should you get your motor vehicle repaired or replaced?  Should you hire a lawyer? How do you get the best settlement for your claim?

This website can help. It is designed to provide answers to all these questions and more. Find answers to questions by going to our Frequently Asked Questions section or find more in depth information in our Library articles. Also our Automobile Accident  practice area is a good source of information. Click on any of these links and find your way to valuable information on what to do if you are seriously injured in a motor vehicle accident.

Finally, you are welcome to contact or call our firm with any questions you may have. Call us toll free at 1 (866) 632-8980  or fill out the Free Consultation contact form on the upper right hand portion of this page and someone will get back to you promptly. Please remember we are here to serve you.

New Client Testimonial

Today, we added another Client Testimonial to our site. Our client is Cheryl H. Cheryl was seriously injured in a car accident. She went to a  local law firm near where she lived. The lawyers there tried to convince her to accept a settlement that would barely cover her medical bills. Dissatisfied with that firm,  Cheryl then came to us. We advised her that she had a good claim and that we would represent her interests against the insurance company. Our skilled team put Cheryl’s claim together and then began negotiations with the insurance company. The insurance company balked at paying a fair settlement so we filed a lawsuit. We took the case through the litigation process and got ready for trial. (To learn more about the litigation process contact us for a free copy of our Personal Injury Victim's Handbook for Vermont and New Hampshire.)Finally, on the eve of trial the insurance company made what we thought was a fair settlement and Cheryl accepted it.

All to often we go through this process. After 30 years of representing seriously injured personal injury victims we know that sometimes insurance companies will not pay what we consider to be fair settlements until their backs are against the wall. Our background, experience and track record trying personal injury cases to juries gives us the leverage to make the insurance companies pay what we consider to be fair settlements, not what they want to pay. Sometimes we have to take them down to the wire, but that's ok with us as long as our client get's a fair settlement. To see Cheryl’s Testimonial, click here: Testimonial

What To Do If You've Been Involved In An Accident

One person killed and five others injured in Arlington Vermont car accident

On Saturday, December 13^th one man was killed and five injured in a serious car accident on Route 313 in Arlington Vermont. The accident happened when the driver, Raymond Smith, 27, apparantly lost control and failed to negotiate a curve in the road sending the vehicle, a 2000 Dodge Durango, off the road.  The car became airborne when it hit large boulders, came to rest on its roof and finally rolled back to an upright position.

John Oney, 67, was killed in the accident. The five injured passengers were Elizabeth King, 33, Christopher Davis, 15,  Nicholas Davis, 16 and  Christina Smith, 36. One passenger,  Smith was critically injured and airlifted to the Albany Medical Center. For a full report on this accident click here to see the recent Burlington Free Press Article.

Winter car accidents occur all too frequently in Vermont, especially on rural highways. This tragic accident is a somber reminder that we should all drive more carefully when winter weather effects road conditions.

Was that person “negligent” and do I have a personal injury case?

Many people are injured as a result of car accidents, motorcycle accidents, industrial accidents, construction site accidents, bicycle accidents, pedestrian accidents, and medical malpractice. If the injury was the result of another’s negligence, you may have a personal injury case.  Negligence is the failure to exercise the type of care that a reasonable person in society would exercise under the same circumstances, also known as reasonable care. Negligence does not simply mean that someone has done something wrong.  Rather, there are elements of negligence that have to be established. These elements are duty, breach, causation, and damages. For a more detailed explanation of the elements of negligence, click here: The Elements of Negligence. If your personal injury attorney can establish these elements, then you may have a personal injury case. A personal injury case is a legal request for financial compensation for damages suffered as a result of another’s negligence.  However, your personal injury claim may be subject to a statute of limitations. A statute of limitations is the maximum period of time you have to initiate a claim, or bring legal proceedings, based on the negligent event that caused your injury.  At Van Dorn & Curtiss, we can review your case and help determine your claim eligibility.

How does the United States Supreme Court affect personal injury claims in Vermont?

Every year the United States Supreme Court rules on a wide variety of legal issues.  In 2009 the Supreme Court is expected to issue an opinion in the case of Wyeth v. Levine.  In this case the drug company, Wyeth is seeking to overturn a Vermont state court’s ruling in favor of Diana Levine, a musician who lost part of her arm after an infection caused by a painkiller manufactured by Wyeth.  The legal issue before the court is whether federal law preempts conflicting Vermont state law and whether Diana Levine can bring a personal injury claim against a drug manufacturer for injuries caused by FDA-approved drugs. If the Supreme Court rules that Diana Levine’s is barred from bringing a suit, drug companies could be immune from personal injury claims as long as the drug was approved by the FDA. The Supreme Court will release its rulings in the spring and it will be interesting to see how the case is decided. 

This is a frustrating example of how insurance companies often attempt to escape liability based on a technicality.  As discussed in Personal Injury Law, Insurance and the movie “Sicko,” if you have a serious personal injury claim don’t think that the insurance company will treat you fairly.  The only time an insurance company pays a fair settlement is when the injured individual is represented by an experienced personal injury attorney.  At Van Dorn & Curtiss we know about a thing called insurance companies rules.  Click here For a comical explanation of insurance companies rules.

Welcome To Our New Website

Welcome to our website. Recently we sent a postcard to all our clients and friends of the firm about the redesign of the Van Dorn and Curtiss website. If you received the postcard and have visited the site we are glad you are here and thank you for taking the time to visit the site.

This site will always be a work in progress. We are constantly thinking of ways to improve it to inform the public about our firm and about legal issues that are important to victims of personal injury and other wrong doing. This is where you can help. I would most appreciate any comment you have about the site – good, bad or indifferent. Comments about how you think we can improve the site are especially welcome. You can email me your comments directly at evandorn@nhvtlaw.com .

Again, thank you for reviewing the site and please remember that our greatest source of business comes from word of mouth. That is, from people who tell other people that we will do a good job for them serving their legal needs. I look forward from hearing from you. Ed Van Dorn