Following the last election the Republican Party took over the majority in the House of Representatives. As the majority party, they control the committees and the floor, which in turn determines what bills get a vote and the general agenda of the House.

One of the first bills introduced into the House this Congress was H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011.

It is a ‘tort reform’ bill that limits the amount of money that can be sued for in a medical malpractice lawsuit to $250,000.

Tort reform may seem as large of a part of the Republican Party as Abraham Lincoln and the elephant mascot, but it has not always been so.

Andrew Cochran, a political appointee in the Commerce Department during the Reagan Administration, recently published an article What Ronald Reagan REALLY Said About Tort Reform.

Continue reading "Republicans and Tort Reform" »

Los Angeles car accidents happen at a frightening rate, with an alarming amount of them resulting in catastrophic injuries. When involved in a car accident, most immediately call their insurance adjuster. In the past, they have expressed concern for your daily struggles, want to know how your kids are doing, they have created a connection. Some people consider their car insurance adjuster their friend, someone who cares about them and how they are doing in their lives. Unfortunately, when you receive serious injuries from a car accident, they are no longer your friend and it quickly becomes obvious that they never were.

The sole purpose of an insurance adjuster is to make as much money possible for the insurance company. Whenever an insurance adjuster saves the company money he is passing those savings on to the shareholders. An adjuster's act of being kind is one of their many tricks they have been trained to use. When talking with an adjuster it is important to be mindful of what you say. Some adjusters will record your statements to use them against you at a later date. Their tactics in negotiation claims can be very clever.

Continue reading "Is it Wise to Trust Your Insurance Adjuster?" »

Utah Semi-Truck Fatal Accident Statistics

A special task force of the US Department of Transportation, The Federal Motor Carrier Safety Administration (FMCSA), investigates and collects data on all trucking accidents nationwide. In their most recent trucking accident report, the FMCSA reported there were 133,719 large truck accidents nationwide, resulting in 71,329 injured persons and an additional 4,229 deaths. In 2008, there were 1,811 large truck accidents in Utah alone. 32 of those Utah semi truck accidents involved fatalities.

Semi Truckers Most Likely to be Guilty of Drowsy Driving

The American Trucking Association reported that 25% of their truck drivers suffer from sleep apnea and should not be driving due to intense fatigue syndrome. There is great difficulty in proving that the cause of a fatal Utah semi truck accident is due to drowsy driving unless several pieces of time sensitive information such as driving log, rest log, maintenance logs, are collected and preserved. These items are rarely obtainable without a legal injunction by a skilled Salt Lake City trucking Accident Injury attorney.

Time is NOT on Your Side in Utah Semi-Truck Accidents

Trucking accidents are not like typical Utah motor vehicle accidents. For one, insurance claims are complex as the truckers are most likely insured by national firms. Also, special rules and regulations apply to truckers and trucking companies. The damages caused by Utah tractor-trailer accidents can be devastating. Federal Law requirements are in place to protect victims; however, the large national trucking firms like Swift Trucking, destroy the federal mandated trucker tracking information under a policy called “document retention policy”. Legally, trucking companies have to keep the driver’s qualification file and other evidence for a short time period—often time the grace period is only 30 to 60 days—before they are allowed to purge files of old records. The elimination of evidence that would prove the semi truck driver was guilty of drowsy driving would be forever lost as well as the victim’s right to a fair and just settlement.
It is highly advised that if you are injured or someone you know has been injured or killed in a semi truck accident that you contact the skilled Salt Lake City Trucking Accident Injury attorneys at the Christensen Law Firm at (801) 506-0800.

A sixteen-year-old girl was ejected from the side window of a suburban that was involved in a multi-car crash in Riverton on Tuesday morning of March 9, 2010. Utah. ABC News reports that after being thrown through the glass window, the young woman immediately picked herself off the ground and got back into the car. Fortunately, emergency crews from Unified Fire arrived and assessed that the victim was in shock and in serious condition with possible internal injuries and severe pelvic trauma. Life flight quickly responded and transported the young girl to Intermountain Medical Center where she received medical treatment. The driver and passengers of the Jeep and the second passenger of the suburban all sustained injuries and were transported to the hospital via ambulance.

What Caused this Near Fatal Utah Car Collision

The multi-car accident occurred at 12600 South and 2700 West near Riverton High School. A suburban attempted to complete a left hand turn and instead T-boned a Jeep traveling with oncoming traffic. The force of the impact propelled the Suburban into another collision with a vehicle that was stopped at the intersection.

Citations have not yet been issued, as police are still investigating the cause of the car accident. All passengers have PIP insurance under the insurance policies of the vehicle they were riding in. In such cases, victims can seek compensation from the at-fault party for medical expenses, lost wages, cost of hospitalization, rehabilitation, physical therapy and other related expenses.

Riverton Accident Statistics

There were four deaths involving road traffic accident in Riverton, in 2008, according to the Utah Highway Patrol’s traffic accident statistics. Two of these fatal Riverton Car accidents were caused by drunk drivers

If you or a loved one have been seriously injured, you need an experienced Salt Lake Valley personal injury lawyer. The Christensen Law Firm, PLLC, has the legal expertise in the areas of car accidents, motorcycle accidents, wrongful death and related law practices. We have helped accident victims recover from tragic Utah accidents and we would like to do the same for you.

Summary of Elevator Injury Accident Near 40 East and 100 South

On Monday, March 8, 2010, a brick mason fell 40 feet from scaffolding inside an unfinished elevator shaft at the City Creek project located in downtown Salt Lake City, Utah. According to a Salt Lake Tribune news report, the nearest access point to the construction worker was about 20 feet above from where he had landed from his fall. It took emergency crews 45 minutes to hoist the injured victim through a rope-and-pulley system to ground level for medical treatment. The victim was taken to a local hospital with massive trauma over his entire body. He is currently listed in critical condition with possible brain trauma he sustained in this Utah accident. Investigators are still looking into what caused this man to fall from his work site and whether or not the City Creek project supervisors had implemented proper safety protocols.

My thoughts and prayers go out to the victim and his family of this tragic Utah accident. The extent of the victim’s internal injuries has not yet been released. I hope that the injuries he sustained are not catastrophic and that he will heal fully and quickly.

Fault and Liability Issues

Based on this news report, officials are still investigating the responsibility and possible fault of the company that the City Creak development project is under or whether the victim is responsible for this tragic accident. Since the project is state funded, the State of Utah can also be held responsible. As Salt Lake City personal injury attorneys, we remind the victim and his family that this accident case is an intricate one with many questions and many insurance companies to coordinate and work with. We remind the victim that even the time frame to file a claim can be reduced to a year due to the Utah statute of limitation when a government entity is considered a liable party. We highly recommend that the victim speak to an attorney as soon as possible to investigate whether City Creek safety managers are responsible, if OSHA safety standards were met and whether there were proper safeguards put in place at the spot where the victim fell like safety harnesses or restraints.

How to Protect Yourself

In such complex cases such as this one, an experienced Salt Lake City personal injury lawyer will be able to advise victims about their legal rights and options. A knowledgeable accident attorney will have experience working with Worker’s Compensation Fund, the State of Utah and understands how health insurance policies applies to cases involving private companies, government entities and personal injury.

The Christensen Law Firm, PLLC, will provide a free consultation to the injured victims and their family members. If you were involved in this incident or a similar incident and have questions as to your rights and legal options please feel free to give our experienced attorneys a call at 801.506.0800.

Three Quick Tips

• Drivers and passengers that sustain injury in a car accident will each have a separate claim against the responsible party.
• Victims of Utah car accidents can file a personal injury claim against the driver of the vehicle they were a passenger when that motorist was the at-fault party.
• It’s common myth that if the driver of the vehicle was uninsured, there are no options or protections for the injured passengers.

Who Pays My Medical Bills?

According to Utah No-Fault Law, the primary insurance company for passengers who sustain personal injuries in a car accident is the insurance company of the driver/owner of the vehicle involved in the accident. This insurance company will provide the initial medical pay through Personal Injury Protection (PIP) benefits purchased by the driver. In Utah, the minimum amount of PIP coverage motorists must buy is $3,000 per person. While this amount is rarely adequate to pay all medical bills associated with treatment for victims of auto accidents, it does help. Unless the driver of the vehicle you were a passenger of did not purchase insurance, you and that individual should each have at least $3,000 for treatment costs.

Multiple Insurance Benefits May Be Available to You

What most Utah residents are unaware of is that there are several types of insurance policies and benefits that can be applied simultaneously for specific types of motor vehicle accidents that involve injured passengers. However, with all insurance policies, there is fine print that can be difficult to understand. Filing paperwork incorrectly or providing certain types of information in recorded statements can negate your right to access these benefits. We highly recommend speaking to an attorney before signing or agreeing to anything.

Also, depending on the type of accident, the passenger who was a victim of a car collision may be entitled to multiple insurance claims and settlements. Again, the legalities and issues surrounding these areas are complex and best navigated by an personal injury attorney who has significant experiences with working with numerous insurance claims at one time and extensive knowledge of Utah law.

Case Study

Mary M., one of our clients, was involved a passenger in a vehicle that was t-boned during a snowstorm a few years ago. Unfortunately, Mary sustained serious injury that required intensive surgery that required her to miss months of work. In his immediate investigation, Attorney Ken Christensen discovered that Mary qualified for benefits under four different auto insurance policies, including her own insurance coverage. By acting quickly and efficiently, Mr. Christensen successfully constructed a clear plan of how each policy would provide maximum benefits without “stacking” or breaking any state law.

With mounting medical bills and not being able to work, Mary faced debt; however, due to the ability Mr. Christensen demonstrated in collaborating insurances’ med pay, loss of services etc. the potential financial damage was thwarted. In the end, Mary received substantial settlements from each insurance company and has been able to fully recover from her injuries.

Seven Biggest Mistakes that Can Wreck Your Utah Accident Case

Attorney Ken Christensen wrote the book on how to handle the Utah Accident Case. His expertise and knowledge of Utah accident cases makes this book a valuable resource. This book corrects the many of the myths associated with insurance claims. Most importantly this book translates the complicated legal and insurance jargon into plain English, providing readers with the opportunity to better understand their case and make informed decisions. Visit us online at www.utahaccidentbooks.com or call us at 801.506.0800 to obtain your FREE copy of 7 Biggest Mistakes that Can Wreck Your Accident Case today.

Importance of Hiring an Experienced Utah Personal Injury Attorney

At The Christensen Law Firm, PLLC, we have extensive experience in representing victims of Utah auto accidents involving uninsured motorists. Being involved in a Salt Lake City car accident can result in serious injury and trauma and the financial burdens involved are very real. Our attorneys can help you in negotiations with insurance companies concerning compensation for medical and auto repair costs that you have paid. If you or a loved one has suffered such an injury, you may contact us online or call us at 801-506-0800 (Main number), 801-224-2999 (Utah County) or 801-294-9500 (Davis County) to set up a FREE consultation to discuss your legal rights.

Case Summary

Tragedy struck when twenty-six year-old Kody was driving home from work in Orem, Utah, on January 20, 2010. A man driving a Nissan Pathfinder ran a stop sign and struck Kody’s vehicle on the driver’s side. The force of the impact caused the airbags to deploy and totaled the small sedan. Kody sustained several neck and back injuries from the car crash. The Orem City police responded to the scene of the car accident and issued a citation to the driver of the Nissan Pathfinder for failing to stop at a stop sign and failure to yield to oncoming traffic.

Insurance Company Lets At-Fault Party off the Hook

According to the facts of this Utah car accident, it is clear who is at-fault and who should be held responsible for the car accident. However, in less than 48 hours, Progressive Insurance Company had an adjuster physically knock on Kody’s door. The Progressive Insurance adjuster was quite devious. He was “checking on their insured,” but he brought paperwork for Kody to release personal medical and employment information. The insurance adjusters told Kody that in order to cooperate with the investigation, Kody had to give a recorded statement.

When the Progressive adjuster offered to settle Kody’s claim for $500.00 by telling the young man that the car crash was non-reportable and a claim wouldn’t be worth pursuing, Kody knew he was being backed into a corner. The Progressive adjuster stated the insurance company was going above and beyond their services by offering money at all for this car accident. Kody was confused. He had been speaking to adjuster because his own automobile insurance company was Progressive Insurance Company. The Insurance adjuster was working both sides—the at-fault driver’s automobile insurance was also Progressive Insurance Company.

Would An Insurance Company Victimize their Own Insured?

Kody asked the Progressive Insurance adjuster whose side he was on—the gentleman that hit him or his. The adjuster didn’t lie but he was clearly conflicted when he stated he worked for Progressive and work for their insured’s best interests. The adjuster told Kody the money would go directly into his pocket. That PIP would take care of medical expenses (but PIP only covers $3,000 in medical bills and Kody's treatment will exceed that amount). Kody could feel the manipulation and fortunately asked the adjuster to leave. After seeing the television ad for the informative guidebook 7 Biggest Mistakes That Can Wreck Your Utah Accident Case, Kody called the Christensen Law Firm. In just a week, Ken Christensen has been able to straighten this matter out which allows Kody to focus on healing and recovery.

Unfortunately, Insurance companies are not looking out for the best interests of their insured. They are a for-profit company. Insurance Companies don’t maximize their profits if their adjusters explain all the benefits their insured has purchased in their automobile insurance policy. In this case, Progressive Insurance made it painfully obvious that their main priority was profit—not Kody’s medical treatment, property damage, and further damages and losses he incurred as a result of the car crash.

Number One Misconception in Utah Car Accident Cases:

My insurance company will ensure that my best interests are met including receiving a fair settlement and payment for lost wages, medical bills, pain and suffering and property damage.

Remember: Insurance Companies have no obligation to inform you of your rights.

Salt Lake personal injury lawyer Kenneth Christensen authored the book 7 Biggest Mistakes that Can Wreck Your Utah Accident Case in his endeavors to level the playing the field between accident victims and the insurance company. This book provides Utah residents with valuable information and corrects many of the myths associated with insurance claims and provides detailed information on the tactics insurance adjusters use to maximize their profits. If you would like to request your free copy of this book please call 1.801.506.0800 or visit us online at www.utahaccidentbook.com.

If you have additional questions or if you have been injured in a Utah accident, we can help you. At the Christensen Law Firm, we offer a FREE no obligation consultation with one of our Salt Lake City, Utah personal injury attorneys. We believe that knowledge gives victims power and protection. We invite you take control of your accident claim.

Ottawa’s best personal injury lawyer Brenda Hollingsworth was interviewed about the decrease in medical rehabilitation benefits to seriously injured car accident victims that will come into effect beginning in the summer of 2010. The Ontario government will be reducing medical rehabilitation benefits from $100,000 to $50,000 over ten years for non-catastrophically injured victims. Many lawyers have remained silent on this topic, but Ms. Hollingsworth feels it is important to bring it to light in order to help defend injury victims’ rights. In the interview, she expresses her concerns for accident victims who have suffered serious injuries, but will run out of rehabilitation funds due to the government’s reduction plan.

Ms. Hollingsworth notes that this decrease in benefits will have a far-reaching effect. For example, if someone suffers serious orthopedic injuries in an accident, but the injuries do not result in quadriplegia or paraplegia, the victim may run out of medical rehabilitation benefits. The reduction also impacts victims in other ways. When a person is seriously injured, he/she may need to make home modifications, such as lowering the counters or installing a stair lift, to accommodate his/her injury. These costs come out of the rehabilitation benefits pot. However, $50,000 over ten years will not go far in helping pay for such expenses.

Continue reading "Ottawa Govt. Cuts Accident Victims' Benefits In Half - Is This Right? " »

With the current economic recession still looming throughout the nation, many consumers are tightening their budgets. This has affected auto insurance companies, as fewer motorists have been “insurance shopping” this past year. According to Bloomberg News, the proportion of consumers seeking a new auto insurance provider fell to 28% from March 2008 to March 2009. This is a significant drop from 36% in the previous year. Analysts say that the recession has caused a “hunker down” mentality, as customers prefer to play it safe and stick with their current provider rather than take the risk of switching insurance companies. In addition, drivers have reduced the coverage in their policies in an attempt to save money.

Some insurance companies are managing to stay above water during this recession, however. Geico Corporation added 505,000 customers this past year. Warren Buffet, CEO of Geico’s parent company Berkshire Hathaway Inc., attributes the company’s success to its lower prices. He believes the American psyche has changed, and people are more anxious to save a few hundred dollars on an insurance policy.

Continue reading "Car Insurance and Utah Car Accidents | Dealing With Insurance Adjustors" »

Now that the kids are out of school and the weather is finally warming up, you may be making plans for your long-awaited summer vacation. Before you jump in your car and hit the road, make sure you have your auto insurance in order by following a few simple guidelines. First, make sure you have your insurance identification card somewhere in your car. Your glove compartment or center console is a good place to store this. Also, make sure your identification card has the current phone number of your insurance company and agent. If not, go online and find those numbers and bring them along with you. If you are involved in an accident on your trip, it is good to have an idea of what to expect with your insurance company:

Continue reading "Car Accidents and Insurance Claims" »

Like most other enterprises in the United States, the insurance company is suffering during the current economic recession. Unfortunately, the pains of the insurance giants may have a nasty affect on your wallet. According to Bloomberg News, the insurance industry reported a net income drop of 96%, slipping from $61.9 billion profits in 2007 to $2.4 billion in 2008. The sharp decline resulted from companies being forced to lower their prices in order to gain business from manufacturers, builders, and banks that began cutting back on their coverage plans. Drivers have also reduced their insurance purchases during these tough economic times. Also, a record number of tornadoes and a catastrophic hurricane season increased the insurance company’s claim payments.

What does this mean for the consumer?

Continue reading "Insurance Companies Will Likely Pass their $61 Billion Loss Onto Consumers" »

As the economy took a turn for the worse this past year, many drivers dropped their car insurance. According to an article in the Wall Street Journal, 15% of drivers were uninsured in 2006. The Insurance Research Council, who will be releasing a study about this trend next month, estimates this rate has only gone up due to increased unemployment in the United States. Auto insurance rates are also increasing, adding fuel to the fire. Premiums have risen 3.8% in a year.

Driving without insurance is risky to all parties involved in the accident. If you are hit by an uninsured motorist, suing is the only way to recover costs. This process is not only complicated, but doesn’t guarantee results, as many uninsured drivers have few assets. One way to avoid litigation is to purchase uninsured/underinsured motorist coverage from your insurance provider, which will cover costs up to a certain amount if you have been in an accident caused by an uninsured motorist. However, this coverage increases premiums by an average of 7% - 9%.

Continue reading "Slow Economy Has More Drivers On The Road Without Car Insurance" »

Erin Mahoney recently wrote an interesting article that took an in depth look at auto insurance policies and what type of coverage the average driver really needs. Auto insurance is a necessity for every driver, but insurance policies can be complicated to understand.

The insurance everyone is required to have is liability insurance, which provides coverage if you are at fault in a car accident. Utah residents are required by law to have liability insurance with minimums of $25,000 for single person bodily injury liability, $50,000 for all people bodily injury liability, and $15,000 for property damage liability.

Continue reading "What Type and How Much Car Insurance Should I Have?" »

Spanish Fork Canyon, known to be one of Utah’s most dangerous canyons, saw a serious car wreck on January 4, 2009 which shut down the canyon for several hours. According to KSL News, a minivan was slid out of control after hitting a patch of ice. The minivan slid sideways into oncoming traffic and was hit by a truck. Luckily, all the passengers in the van were wearing seatbelts. The driver was taken to the hospital in critical condition along with eight children from the minivan. One of the children is in critical condition. The driver of the truck was not hurt in the accident.

We wish this family and their child with serious injuries a full recovery. They will likely have extensive medical bills as a result of this accident, and although it appears that the parent driving the van may be responsible for driving too fast for conditions, Utah is a unique state in that Utah law allows family members to make injury claims against eachother. The family would benefit from contacting a Utah personal injury attorney to ensure the passengers' medical bills and damages are fully covered.

Since I practice exclusively in Utah Personal Injury Law, I am often asked by people what type of automobile insurance they should purchase and how much coverage they should have. These are great questions. Unfortunately, most people are only concerned about how much their monthly premium will be when shopping for automobile insurance, but a low premium can mean low coverage.

The State of Utah requires every automobile to have 25/50 liability coverage. That is $25,000 per person, but no more than $50,000 per accident. I encourage everyone to have at least $100,000 per person $300,000 per accident. This additional coverage should not cost more than an extra $10 a month.

It is equally important to have 100/300 coverage for Underinsured (UIM) and Uninsured coverage (UM).

Continue reading "Utah Car Insurance: Make Sure You Are Covered" »

Virginia medical malpractice and personal injury lawyer, Ben Glass educates Virginia car accident victims about how important it is to obtain information about car accident and medical malpractice claims before signing anything.

Insurance companies have trained their claims adjustors to immediately contact car accident vitims to secure information and even settle the claims as quickly as possible. Since most people have never been involved in an accident before, it is important to kindly tell the insurance companies you are not ready to talk to them and then educate yourself about insurance claims and your rights by talking to a personal injury lawyer or obtaining a copy of a free accident book.

A recent article by Consumer Affairs, Study Reveals Worst Insurers, reports that Allstate ranks as the worst insurer for consumers. The report is based on national interviews with attorneys who frequently handle insurance claims as well as a comprehensive investigation of thousands of legal documents and financial filings by the American Association for Justice.

The rankings are based on what the investigation found to be a distinct pattern of insurance greed; that is, insurance companies that avoid paying claims, use hardball tactics against their insured, reward executives with huge salaries, and raise premiums to increase profits. American Association for Justice CEO Jon Haber said that “While Allstate publicly touts its ‘good hand’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders. Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”

The report also points out that Allstate, State Farm, and Liberty Mutual all at one point hired the consulting giant McKinsey & Co. to help employ aggressive tactics designed to deny policyholder claims.

Based on our experience and dealings with Allstate and the hundreds of claims handled with them, we would have to agree with this study. I have found that although Allstate may have great agents in Utah, when someone is involved in an accident, they no longer work with agents, but instead are assigned an adjustor to handle their case, and Utah adjustors definetly employ boxing gloves instead of "good hands."

Continue reading "Study Reveals Allstate is the Worst Insurance Company" »