Van Dorn & Curtiss Blog http://www.vandornandcurtiss.com/blog/ en-us 2008 Van Dorn & Curtiss, All Rights Reserved, Reproduced with Permission http://www.vandornandcurtiss.com/blog/ Thu, 24 Jul 2008 12:32:21 EST Van Dorn & Curtiss Blog http://www.vandornandcurtiss.com/images/logoprint.gif http://www.vandornandcurtiss.com/blog/ I Call Insurance Company Rules! http://www.youtube.com/watch?v=bVpX5fUvPlg


This Youtube video is geared towards making the viewer laugh, and it does just that.  However, this video actually makes a good point.  If you've ever had a claim for benefits with your insurance company, or the insurance company of another, you know that these companies can make up the rules as they go.  Insurance policies dictate the duties of both parties; the policy holder as well as the insurer.  Yet, it has been repeatedly reported that insurance companies will find new and clever ways to get out of paying claims.  The companies make money by accepting premiums and denying claims. 


If you have been injured in an accident and are fighting with an insurance company, it may be advisable to consult with an experienced personal injury lawyer.

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3566 http://www.vandornandcurtiss.com/blog/index.cfm?id=3566 tom@fosterwebmarketing.com Tue, 22 Jul 2008 08:00:00 EST HR 6126: The Fairness in Nursing Home Arbitration Act Last month, Congresswoman Linda Sanchez introduced a bill that would eliminate mandatory arbitration clauses in nursing home contracts.  When you place a loved one in a nursing home, you have to sign a contract.  These contracts generally have a clause that states that if something happens to your loved one, you must go through binding arbitration with a neutral mediator, as opposed to bringing a claim in court.  Generally, these clauses give the nursing homes the right to choose the mediator.  It is argued that in most cases the nursing home will choose a mediator that will be sympathetic to their position so as to get repeat business.  The purpose of the bill is to motivate nursing homes to provide quality care.


Nursing home abuse is a serious issue.  Call your local U.S. Representative and ask them if they support this bill. 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3545 http://www.vandornandcurtiss.com/blog/index.cfm?id=3545 tom@fosterwebmarketing.com Mon, 21 Jul 2008 08:00:00 EST Three Injured in Separate ATV Accidents A man from Sandusky Ohio was seriously injured this weekend while riding his ATV.  In a separate incident, two other men from Ohio were injured when their ATV?s collided with one another.  One of the victims had to be airlifted from the scene to a local county hospital.


During the summer months, many people from Vermont and New Hampshire spend their free time riding ATVs.  As with any outdoor recreational activity, when riding an ATV it is important to put safety first.  Due to their narrow wheel base, it is possible for ATVs to rollover, potentially resulting in serious injury.  Always wear a helmet when riding and make sure the driver is physically capable of handling the ATV.    


 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3382 http://www.vandornandcurtiss.com/blog/index.cfm?id=3382 tom@fosterwebmarketing.com Tue, 08 Jul 2008 08:00:00 EST Woman Dies While Awaiting Treatment Today on CNN there was shocking footage of a woman who died at hospital at Brooklyn New York while awaiting treatment.  Surveillance footage shows the woman lying on the floor of the emergency-room while hospital staff and doctors walked by, apparently ignoring her dire need for care.  Sadly, nobody noticed her or offered help for nearly an hour.  By the time she received medical attention she had already passed.  Several hospital staff members were fired because of their neglect and abuse. 


Though the facts of this situation were particularly shocking, medical errors happen.  If you or a loved has been a victim of medical negligence, you should consider consulting an experience attorney to discuss your claim.



 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3305 http://www.vandornandcurtiss.com/blog/index.cfm?id=3305 tom@fosterwebmarketing.com Tue, 01 Jul 2008 08:00:00 EST New Hampshire Man Dies In Motorcycle Accident A man from Manchester New Hampshire died last night in downtown Manchester when he lost control of his motorcycle.  Apparently the road where the accident took place was being repaved.  The man may have hit the area between the new pavement and the rough graded pavement.  The man was not wearing a helmet.


I have said this manytimes, helmets save lives.  It is important whenever you ride a motorcycle, or drive a car for that matter, to take precuations to ensure your safety and the safety of others out on the road.  New Hampshire does not require adults to wear helmets or seatbelts, but the statistics don't lie.  Both helmets and seatbelts can greatly reduce your chance of serious injury or death in the even of an accident.

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3194 http://www.vandornandcurtiss.com/blog/index.cfm?id=3194 tom@fosterwebmarketing.com Wed, 25 Jun 2008 08:00:00 EST Vermont Makes Roads Safer Two weeks ago, Vermont Commercial Vehicle Enforcement Officers conducted safety stops at a checkpoint on Interstate 91 near the Massachusetts border.  The safety inspectors removed more than 75 unfit commercial vehicles from the road and arrested four people.  The inspectors conducted vehicle weight checks and state inspections. 


In conjunction with the Commercial Vehicle Enforcement Officers, Vermont DMV inspectors arrested four people for various charges including DUI, driving without a license, outstanding arrest warrants and possession of marijuana.  In all, the safety check issued more than $45,000 in fines. 


The inspections lasted three days from June 3rd through June 5th, and were part of the International Road Check 2008.  Also included in the safety inspections were members of the U.S. Border Patrol, the Internal Revenue Service, and local Vermont state police agencies. 



 


]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3074 http://www.vandornandcurtiss.com/blog/index.cfm?id=3074 rcurtiss@nhvtlaw.com Tue, 17 Jun 2008 08:00:00 EST Laconia Motorcycle Week New Hampshire's Laconia Motorcycle Week began this Saturday to an ominous start with several accidents being reported this weekend.  In Manchester on Saturday night, a motorcyclist ran into a Mini Cooper while traveling north on Elm Street.  The driver of the Mini Cooper was drunk, and was charged with felony drunk driving.  The motorcyclists was sent airborne and landed about 75 feet north of the collision.  The motorcyclist was not wearing a helmet and was reported to be in serious condition.


In a separate accident, a motorcyclist was killed traveling on Haverhill Road in Chester at around 6 p.m. on Saturday night.  No details were available on this accident.


Another accident occurred in Winchester, also on Saturday night.  No other vehicles were involved.  The motorcyclist was seriously injured, and rescue attempts were delayed because of inclement weather. 


Motorcycle week is a big event in New Hampshire every year, brining thousands of riders to New Hampshire.  This time of year also bring many regular summer travelers to the area.  It is important to be mindful not only of motorcyclists, but of all travelers on the road.  With expected storms this week, extra precautions should be taken.  Always maintain a safe traveling distance, never drink and drive, and for motorcyclists, though state law doesn't require the use of a helmet while riding, wearing one can save your life.  


 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=3054 http://www.vandornandcurtiss.com/blog/index.cfm?id=3054 tom@fosterwebmarketing.com Mon, 16 Jun 2008 08:00:00 EST Insurance Companies and Personal Injury Lawyers I recently read an article that discussed how insurance companies are the main force behind the negative publicity and stories that personal injury attorneys receive.  The article discussed how injury victims who are represented by attorneys receive higher payouts than those who seek to settle their claims alone. 


For the most part, this article is accurate.  Insurance companies understand that experienced personal injury lawyers will know when a settlement offer or payout is insufficient for their client?s needs.  This article briefly mentioned that some personal injury lawyers bring the bad publicity upon themselves.  To a certain extent this is true.  We have had clients from Vermont and New Hampshire tell us that they were actively solicited by lawyers after their injury.  One issue this article didn?t discuss is that while claimants do receive more money when they have an attorney represent them, sometimes this isn?t always in their client?s best interest.  Generally, personal injury attorneys work on a contingency fee basis.  Meaning, if you win you claim, one third of your settlement or verdict goes to the attorney.  Sometimes, this leaves the victim with less money than they would have received had they settled the claim on their own.


At Van Dorn & Curtiss, we don?t believe it is always appropriate to take a full fee from a client.  In fact, we have had some clients where we?ve greatly reduced our fee, or taken no fee at all.  Some attorneys will take a client, not do much work, and happily take a one third fee.  This is unethical.  Our attorneys will give you an honest assessment of your claim and we will tell whether it is in your best interest to settle a claim on your own.

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2992 http://www.vandornandcurtiss.com/blog/index.cfm?id=2992 rcurtiss@nhvtlaw.com Tue, 10 Jun 2008 08:00:00 EST New Hampshire Motorcycle Safety Awareness Campaign Laconia Motorcycle week is approaching fast, but New Hampshire?s Safety Awareness Campaign is in full force.  The purpose of the campaign is to reduce motorcycle accidents through education and safety training.  New Hampshire state law only requires motorcyclists under the age of 18 to wear helmets, and the legislature doesn?t intend on enacting any new helmet laws.  The New Hampshire Highway Safety Agency believes that their promotion of safe riding practices will help reduce motorcycle fatalities, though they still recommend motorcyclists, especially novice riders, to wear helmets.


The campaign urges the public to be mindful of motorcyclists, share the roads and maintain safe following distances.  The campaign also suggests motorcyclists participate in the Motorcycle Rider Training Program with the Division of Motor Vehicles, or with one of two private companies that offer such a program.  The class focuses on instructing proper turning techniques, stopping techniques and how to avoid collisions.  The class also recommends riders use helmets.  Of roughly 64,000 motorcyclists registered in the state of New Hampshire, only 3,000 took the DMV classes, and only 650 took classes with private companies.    

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2968 http://www.vandornandcurtiss.com/blog/index.cfm?id=2968 rcurtiss@nhvtlaw.com Mon, 09 Jun 2008 08:00:00 EST Pet Attack in Milwaukee I recently read an article from the Milwaukee Journal Sentinel.  Why am I blogging about a story from a Milwaukee newspaper?  The story was about a 17 year old boy who fractured his skull while running away from a Rottweiler.  The Rottweiler was chained to a tree, but was able to break free.  The dog did not bite the child.  However, while the dog was in pursuit, the boy ran into a tree, fell to the ground and fractured his skull.  The boy suffered bleeding of the brain, but fortunately is in stable condition.


Though Milwaukee is far away from New Hampshire and Vermont where I practice, this story is all too common.  As a personal injury lawyer who has been practicing for over 30 years, I can tell you that it is the responsibility of pet owners to ensure the safety of their neighbors and their community by properly securing their pets.  Though the dog was chained to a tree, the owner was cited for failing to secure the animal behind a fence.  Rottweilers and other dogs can be tremendously powerful animals.  Extra precautions must be taken for the safety of others. 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2928 http://www.vandornandcurtiss.com/blog/index.cfm?id=2928 tom@fosterwebmarketing.com Wed, 04 Jun 2008 08:00:00 EST Know Your Rights

Many people nowadays have the perception that the only thing personal injury attorneys care about are their attorney's fees.  While some of this misperception is due to insurance company propaganda, much of it is a result of unethical behavior by personal injury attorneys. 


I recently read a case where a former client successfully sued her personal injury attorney.  The client sued the attorney because the attorney forced her to settle her car accident claim for much less than it was worth.  We often refer to these types of law offices as "settlement mills."  Indeed, the jury in this case awarded the plaintiff $145,000 because they were outraged by the firm's "settlement mill" approach.  The personal injury attorney held themselves out to be tough attorneys that would get top dollar from the insurance companies.  In reality, their main concern was the fees they could collect with a quick settlement.


At Van Dorn & Curtiss, our clients' needs come before our own fees.  We will never force or pressure our clients to take a settlement for money that will not cover their own needs.  Moreover, we believe it isn't always appropriate to take a full fee from a settlement.  Before hiring a personal injury lawyer to represent your claim, it is always important to research their reputation.  If at all possible, speak to their former clients to make sure your prospective attorney will represent your needs and protect your rights.  


]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2812 http://www.vandornandcurtiss.com/blog/index.cfm?id=2812 tom@fosterwebmarketing.com Tue, 27 May 2008 08:00:00 EST Unethical Lawyers

Several years ago my partner, Rob Curtiss, was helping an attorney with a case he had involving a 10 year old boy who sustained a brain injury on a ski slope in Vermont when an out of control skier crashed into him.  The insurance company for the skier had offered $300,000.  We determined that the ski area had no liability, but the boy?s injuries clearly warranted a settlement of over $300,000.  We explained to the other attorney that if we moved forward aggressively and notified the insurance company that we were ready to try the case to a jury, the offer would probably increase and, if not, we felt a jury would make an award closer to the $600,000 range than $300,000.  Nevertheless, the attorney who represented the boy convinced the family to accept the $300,000 so the case could be closed immediately.  The lawyer took his full fee of $100,000 and walked away.  We told the lawyer we wanted nothing to do with the settlement and refused our fees as consulting attorneys. 


Most lawyers conduct their practices with dignity and professionalism.  Unfortunately, there is a small minority of them that don?t.  It is all important to avoid the lawyers who will put their own economic interests ahead of their clients.


]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2738 http://www.vandornandcurtiss.com/blog/index.cfm?id=2738 tom@fosterwebmarketing.com Tue, 20 May 2008 08:00:00 EST "...an informed client is our best client."

I recently read an article that discussed how many personal injury victims do not seek counsel because they believe hiring an attorney to represent their claim will be too expensive.  The point of the article was that many people do not realize that personal injury attorneys work on a contingency fee basis.  In other words, personal injury attorneys only collect a fee if they reach a successful verdict or settlement for their clients.  Typically, this fee is one third of any verdict or settlement.


At Van Dorn & Curtiss, we believe that an informed client is our best client.  The more a potential client knows about their claim and hiring the right attorney, the more they can do to help themselves.  While it is true that most personal injury lawyers work on a contingency fee basis, it is also true that most personal injury lawyers will be happy to take a quick settlement for your claim so that they can collect one third of your money reward.  These attorneys will do this regardless of whether the two-thirds you collect will cover your medical needs.


This is why it is so important to choose an attorney that is willing to take your claim to court and has been successful doing so.  As I have said in previous blogs, when the insurance company knows they are dealing with a lawyer who can win in court, only then will they offer a settlement that will cover your entire medical costs.  This is what separates Van Dorn & Curtiss from most personal injury law firms.  We have a proven track record of successfully taking claims to court when insurance companies refuse to offer an amount that will provide for a victim?s needs.


 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2727 http://www.vandornandcurtiss.com/blog/index.cfm?id=2727 tom@fosterwebmarketing.com Mon, 19 May 2008 08:00:00 EST True Story

A while ago I received a call from an attorney in a city about 80 miles from our office.  He said he represented a woman who seriously injured her foot in a motor vehicle accident.  She needed surgery, lost a lot of time from work, had extensive medical bills and would always have a problem with her foot in the future.  Also, the accident was clearly the other driver?s fault.  ?Then what?s the problem I asked.?  The insurance company?s top offer is $85,000, and I think the case may be worth over $100,000 will you be willing to talk to this woman??  I said I would. 


I met with her and learned the details about her case.  I agreed that $85,000 was not a fair settlement offer for what she had been through and I agreed to take the case. 


The insurance company told the other lawyer colleague that they wouldn?t pay more than $85,000 so I didn?t call to negotiate.  I started the law suit by filing a complaint in court and sending a copy to the insurance company. 


The next day I got a call from the insurance company?s lawyer asking whether I would be willing to mediate the case.  Mediation is more or less a settlement negotiation with a neutral third party present, called a mediator.  I said sure. A month later we mediated the case and the insurance company agreed to pay $240,000.


After the mediation I asked the insurance company?s lawyer, who I knew from other cases, ?how come a month ago you would only pay the other attorney $85,000 to settle and today you were willing to pay me $240,000??  ?Because I knew you were willing to try the case and that you knew what you were doing.  And that?s what I told the insurance company.?


The moral of the story is that the lawyer you hire must have a successful track record in the courtroom with jury trials.  The insurance companies will know if your lawyer is experienced in the courtroom or not. 


 


]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2700 http://www.vandornandcurtiss.com/blog/index.cfm?id=2700 tom@fosterwebmarketing.com Thu, 15 May 2008 08:00:00 EST Personal Injury Lawyers and Advertising It should come as no surprise that there is an epidemic of personal injury lawyer advertising. We see it on TV, the Yellow Pages, we even hear it on the radio. We hear the empty slogans: "Make it a fair fight" "LawPower" "We hate to lose". What does it all mean. Mostly, the empty slogans mean nothing. They are nothing more than advertising gimmicks. They have nothing to do with whether the advertising lawyer is competent and accomplished. They having nothing to do with whether that lawyer is the right lawyer for your personal injury claim. The slogan of the website for Van Dorn & Curtiss is "Choosing the right lawyer for your serious personal injury case may be one of the most important decisions you ever make." This is a true statement. The more serious the claim, the more important it is to choose the right lawyer. In the library section of our website you will find more information on this topic, including a checklist you can use to help choose the right lawyer for your claim. If you or a loved one has had a serious personal injury please don't make the mistake of hiring the wrong law firm for your case.

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2589 http://www.vandornandcurtiss.com/blog/index.cfm?id=2589 tom@fosterwebmarketing.com Mon, 05 May 2008 08:00:00 EST New Hampshire Personal Injury Law Personal injury law practice in New Hampshire has become more complex and challanging in the last several years. The basic legal concepts have remained the same, but in practice the insurance companies that pay the vast majority of New Hampshire personal injury law claims have become more and more difficult to deal with. Most often they will only full value of New Hampshire personal injury claims to victims represented by the very best New Hampshire personal injury law firms. If the law firm representing the New Hampshire personal injury victim does not have the reputation of being among the very best the insurance companies simply refuse to pay full value of the claim, knowing that the second tier law firms usually do not have the experience or skill necessary to successfully bring the New Hampshire personal injury claim to court. Therefore, it is extremely important for New Hampshire personal injury victims to hire only the most experienced and successful New Hampshire personal injury law firms to represent them. Van Dorn & Curtiss enjoys the reputation of being among the very finest New Hampshire personal injury law firms. We invite you to review our website and contact us with any questions you may have.

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2569 http://www.vandornandcurtiss.com/blog/index.cfm?id=2569 tom@fosterwebmarketing.com Fri, 02 May 2008 08:00:00 EST Vermont Personal Injury Law Blog As clients and friends of our firm, and visitors to our website know Van Dorn & Curtiss is a personal injury law firm practicing in both Vermont and New Hampshire. In fact our attorneys sit on the Board of Governor's of Both the Vermont and New Hampshire Trial Lawyer's Associations. We consider this a great honor.


Personal injury law in Vermont has increased in complexity over the years. This is due to overall developments in the law and a tougher litigation environment. The basic premise of Vermont personal injury law remains the same. If someone is careless or negligent and that careless or negligent conduct causes harm to another then the negligent actor is responsible for the harm they cause. The harm is measured in what the law refers to as damages. Damages in Vermont personal injury claims can include: medical bills, lost wages, pain and suffering, temporary and permanent disability and loss of quality of life. Spouses of injured parties may have claims for loss of consortium.


There are many complexities to a Vermont personal injury claim. Medical liens are a good example and will be addressed in a seperate blog. The bottom line is if you have a Vermont personal injury claim it is very important that you choose an experienced Vermont personal injury lawyer to represent you. As we say on our website "Choosing the right lawyer for your serious personal injury claim may be one of the most important decisions you ever make."


 

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2567 http://www.vandornandcurtiss.com/blog/index.cfm?id=2567 tom@fosterwebmarketing.com Fri, 02 May 2008 08:00:00 EST Automobile Accidents and Personal Injury Law http://www.vandornandcurtiss.com/blog/index.cfm?id=2519 http://www.vandornandcurtiss.com/blog/index.cfm?id=2519 tom@fosterwebmarketing.com Tue, 29 Apr 2008 08:00:00 EST Beware of Settlement Mills There are a lot of law firms out there who hold themselves out as "personal injury" law lawyers but in reality they are just "settlement mills". These law firms usually heavily advertise  as "personal injury" lawyers on tv and in the phone books but do not really function as lawyers. What they do is collect information about the case, send it to the insurance company and try to negotiate settlements without ever leaving their desks. Eventually they accept whatever the insurance company feels like paying for the claim. They have no leverage because the insurance companies know that they wont go to court. They make up in volume for what they don't get for the individual clients. In many cases the client has no idea what their case is worth, so the case is settled and they are none the wiser. Sometimes they client senses they are getting a raw deal and will seek a second opinion about their case. Many of these clients wind up in our offices. We are often shocked by what their  "settlement mill" lawyers were trying to get them to accept as a settlement. Because our law firm has a reputation for going to court when necessary to fight the insurance companies we are usually able to negotiate much better settlements for our clients. And in those rare cases when the insurance company won't pay a fair settlement we have no problem going to court and asking a jury for an award that usually winds up being greater than the amount we were originally willing to settle for. This gives us the leverage our clients need to get fair settlements. See our client testimonials and sample cases to learn about our results.  

]]> http://www.vandornandcurtiss.com/blog/index.cfm?id=2074 http://www.vandornandcurtiss.com/blog/index.cfm?id=2074 tom@fosterwebmarketing.com Thu, 06 Mar 2008 08:00:00 EST Welcome To Our New Website http://www.vandornandcurtiss.com/blog/index.cfm?id=1874 http://www.vandornandcurtiss.com/blog/index.cfm?id=1874 tom@fosterwebmarketing.com Fri, 15 Feb 2008 08:00:00 EST