I tell this story because I’ve talked to many riders who tell me that they don’t like helmets and that if they get into an accident, they would rather die than survive and be either crippled or brain injured. My point would be that the greater likelihood is that without a helmet a person will most likely survive AND have a brain injury. Helmets greatly decrease the likelihood of suffering a brain injury due to impact of the unprotected skull with a roadway or other object. The impact of brain injuries on survivors and their loved ones is unimaginable. Imagine knowing that once you could do simple things such as figuring out how much to tip a waiter, but because of a brain injury you can no longer do that. Helmets can help you avoid brain injuries which is protection not only for you, but the ones you love as well.

The Law Firm of Jaray & Webster
Representing Colorado Springs

How to Choose A Lawyer Who Will be Right for You

A Telephone Consultation with several lawyers or their staff is generally a good place to start. The staff will need some information about the accident and injury as well as your medical treatment. The staff should be able to answer many of your questions and if not, an attorney should return your call within a reasonable period of time (24-48 hours). Many attorneys will offer a free telephone consultation. This is a good place to start. If you get a good response from the staff and/or the attorney, ask for an in-person appointment. At the Law Firm of Jaray & Webster we always offer a free initial consultation either by phone or in person.

At the Initial Appointment it is usually helpful to bring all information you have concerning your accident and injuries. This would include telephone numbers of any insurance representatives, claim numbers, notes of conversations, pictures, a list of doctors, a police report or any other information you may have collected.

At the first appointment, it is appropriate for you to ask the lawyer and/or his staff questions about not only your claim, but how they would handle your claim if they represented you. It is also appropriate to ask them about their experience in handling the type of claim you have, as well as how they intend to keep you informed about your claim. At the Law Firm of Jaray & Webster we will do our best to address all of your concerns and answer all of your questions. We will also help you determine if your claim can be handled without a lawyer and give you suggestions about how to do so if appropriate. We do not charge for the initial appointment or telephone consultation.

Some typical discussion questions you may have:

1. Do I have a valid legal claim?
2. Is this something you routinely handle?
3. What other similar cases have you handled and what were the outcomes?
4. How much will this cost me?
5. How long will it take to solve my legal problem?
6. How will you keep me informed about my case?
7. Will you attempt to resolve my claim without going to court, and if so, how?
8. Who is available to answer my questions if you are not available?
9. Will you help me get my medical bills paid?
10. How often will we meet or talk on the phone?

After the initial interview, who should I hire?

Based on your first interview, you should consider the following factors before agreeing to hire a lawyer:

• Could you communicate effectively with the lawyer? Was the lawyer clear and easy to understand?
• Are fees reasonable in comparison with other lawyers’ charges?
• Did the lawyer give clear explanations of how he or she will let you know about progress in your case?

If you are not satisfied with this lawyer, do not hire him or her. Look elsewhere for legal help.

Our Guarantee

No one can guarantee the outcome of a lawsuit. At the Law Firm of Jaray & Webster we guarantee that we will listen to you, provide professional and honest advice, and include you in all major decisions. We will meet or talk with you on a regular basis and keep you informed about the progress of your case. We will work hard for you and treat you with the respect you deserve.

Call The Law Firm of  Jaray & Webster, LLC, today for a free  initial consultation.

In Colorado the insurance for the person who injured you does not have to pay any money until the end of your claim, making it more difficult to settle without the help of a lawyer.

The Following Information May be Helpful If You Choose To Settle Your Claim On Your Own:

What types of claims do I have if the other driver caused the accident?

Damage to your car: There are two claims to consider and settle with the other drivers insurance company. Shortly after the accident, you may be able to be reimbursed for the cost to repair your car, or its fair market value if the cost of repairs is greater than the value of the car. If your car is repaired, you may also recover for any decrease in value after the accident, if a body shop or car dealer is able to provide you with a dollar figure of how much your car has depreciated due to the fact that it has been in an accident. If your car is not able to be fixed, it is usually helpful to do some research about its value by looking in the newspaper or talking with car dealers about how much similar cars are selling for. There are very good resources on the internet that provide this information as well. Edmunds.com and other sites will give you a good start in determining the market value of your car immediately prior to the accident.

Bodily Injury Claim: The second claim you may have will be for the injuries and other losses you suffered after the car accident. The law provides that you may be entitled to collect both economic and non-economic damages from the driver of the car that caused the accident. This is usually paid by their insurance company, up to the policy limits. If they were not insured, you should determine if you had uninsured motorist coverage under your own insurance policy at the time of the accident. This coverage will provide for the same recovery as the other drivers insurance company, had they had any insurance. Economic damages include: lost wages, any out- of-pocket medical bills, money owed to any insurance company or the government for payment of your bills, or any other expenses you have incurred as a result of the injuries you sustained in the accident.

When should you settle your claim?

One of the first questions to consider is when is the correct time to settle your claim. In most cases, you should not consider settling your claim until your doctor indicates that you are at maximum medical improvement (MMI) or released from care. This usually occurs when you have reached a plateau in your recovery and it is not expected that you will get much better or worse. If you are released from care and have generally recovered from you injuries, you still may have a valid bodily injury claim, but the recovery will probably be fairly small.

What should I do after I am released from care?

Assuming you have generally recovered from your injuries, and you want to negotiate a settlement on your own, you should first make contact with the insurance company of the driver who caused the accident. Once you find out who will be handling your claim, you should ask them what information they will need to evaluate your claim and arrive at a fair settlement figure. At this point, you are not ready to give them any amount that you would be willing to settle for, but are simply trying to learn about the process they use to evaluate your claim and what information they will be considering.

Collect your medical records. In most if not all cases, the claims representative will need your medical records. If the insurance company has asked you to sign a medical HIPPA authorization form, they will collect the medical records from your doctors. It is usually advisable to allow the insurance company to do so; however, you should ask them to provide you with a copy of all medical records they receive. If you did not sign an authorization form, you should ask your doctors office for a complete copy of your medical records and bills. The doctor’s office must provide this to you, but may charge a small copy fee to do so. You should try to have all your relevant medical records available to you prior to beginning to negotiate with the insurance company.

Prepare a list of your damages. You should try to keep track of your damages, both economic and non-economic, as you go along after the accident. It is sometimes helpful to keep all of your expenses and lost wages listed in a notebook, as well as a summary of how the injuries have affected your ability to continue with your normal daily activities and/or hobbies. When you are ready to settle your claim, you should provide this information to the insurance adjuster through a written settlement letter.

How do I determine how much my claim is worth?

There is no easy way to determine specifically how much any claim is worth. The first place to start is to determine all of your economic damages, as noted above. This amount will be added to your non-economic damages (pain and suffering, loss of enjoyment of life, permanent impairment, emotional distress). It is assumed for purposes of this material that your damages have not been very severe and that you have either fully recovered or are very close to full recovery and expect that you will do so shortly. As a very general guide, you can probably expect an insurance company to offer to pay you $2,500 – $7,500 for a muscle or ligament injury to your neck or back which has healed within about 3-6 months after the accident, plus any out-of-pocket expenses or medical bills needing to be reimbursed. This amount may vary depending on whether the insurance company believes that your were partially at fault for the accident, or that the medical records or other documentation do not substantiate your claim. You should ask the insurance adjuster to explain to you what type of documentation would be helpful to increase the value of your claim.

How do I negotiate my claim?

Once you have collected all of the information discussed above and put it in writing for the insurance representative, you are ready to begin negotiations to resolve your claim. One way to think about this process is to consider it very similar to buying a car. When you buy a car, you are dealing with someone who wants to make as much money as possible. You of course want to spend as little as possible. On some occasions, the more information you have about the car you want to buy and the process, the better the deal you can get. The same is true for settling your claim. If you followed the above process, you will be better prepared to negotiate your claim and the insurance representative will take you more seriously. In this negotiation, the representative would like to give you as little as possible, and you may want to collect as much as possible. Unfortunately, the process is exactly like buying a car, in that you will generally start higher than you expect to get and the insurance representative will start lower than they ultimately will pay. It is not unusual to go back and forth 3-6 times before the adjuster will say they are not able to settle for any more. It is also fairly common for an adjuster to eventually double their initial offer prior to indicating that they will not pay any more money. In most cases, the adjuster has discussed your case with his/her supervisor and possibly with a claims committee to arrive at a value. It is also possible that they have used a computer program to determine the value of your claim. It is always appropriate to ask the adjuster if they have done so, and try to go over the factors they put into their program to determine the value. It is also helpful if you ask the adjuster to give you their best offer prior to you giving any amount of money you would settle for. You will then be able to respond but should not be too offended if they start low, since they probably will increase their offer once they hear from you how much you are willing to accept. Sometimes, you can increase your settlement by getting the adjuster to include additional information that he/she did not include in the original evaluation. You may also increase the settlement offer by providing more documentation about either your economic or non-economic losses.

What happens after we agree to a dollar amount?

The insurance adjuster should send you a check and release within 3-7 days, although it is usually helpful to ask specifically how long it will take for them to send this to you. Once you receive the release, you should read it to make sure it indicates what you and the adjuster agreed to. Most releases are not very easy to read, but generally indicate that in exchange for your receiving a certain amount of money, you will never be able to bring a claim for any other damages from that accident against either the person at fault for the accident or the insurance company. It generally covers both known and unknown injuries and damages, and that you can never reopen your claim or ask for any more money for any reason. You will need to sign the release (sometimes in front of a notary) and return it to the insurance company. In some cases, the adjuster may ask you to sign and return the release prior to them sending you a check. It is also likely that the release will require both your and your spouses signature.

If you have a permanent injury and do not want to settle your own claim, contact The Law Firm of Jaray & Webster, LLC, today for a free initial consultation.

Who Will be Right for You can be a difficult process. It is important that you devote sufficient time to choosing the right lawyer who will understand your needs and have a reasonable chance at meeting your expectations. It is important to ask questions of both the lawyer and his staff. You should of course expect complete and understandable answers. You should also trust your instincts in determining whether there will be a good “fit” between you and your lawyer and his/her staff.

7 Steps To Buying A Car Insurance Policy

1. Determine how much and what coverage you really need — liability, medical pay, uninsured motorist, collision, towing, car rental.
2. Review your driving record — you can get a copy by writing to the Department of Motor Vehicles.
3. Solicit comparative bids through the internet or by phone — keep track of the information you obtain.
4. Ask for any discounts you may qualify for — good driver, multi-policy, safety equipment, limited mileage, good student or away-at-college discounts, etc.
5. Choose the right insurance company. There are several internet sources to compare companies — http://www.jdpower.com/ or the State Division of Insurance http://www.dora.state.co.us/insurance/. You should keep in mind that the least expensive company may not provide the best service when you file a claim. The two highest rated companies according to J.D. Power & Associates are Amica and USAA.
6. Review the policy before you sign.
7. Cancel your old policy.

For more information about this process, call our office for your free consumer guide. You may also want to share this information with your family and friends.

Test windows and doors – do they open easy enough? Are they wide enough? Or tall enough?

Choose a safe meeting place outside the house.

Practice alerting other members. It is a good idea to keep a bell and flashlight in each bedroom.

Conduct a Family Meeting.

Conduct a family meeting and discuss the following topics:

• Always sleep with the bedroom doors closed. This will keep deadly heat and smoke out of bedrooms, giving you additional time to escape.
• Find a way for everyone to sound a family alarm. Yelling, pounding on walls, whistles, etc. Practice yelling “FIRE!”
• In a fire, time is critical. Don’t waste time getting dressed, don’t search for pets or valuables. Just get out!
• Roll out of bed. Stay low. One breath of smoke or gases may be enough to kill.
• Be Prepared – Plan Ahead

Practice evacuating the building blindfolded. In a real fire situation, the amount of smoke generated by a fire most likely will make it difficult to see.

Practice staying low to the ground when escaping.

Feel all doors before opening them. If a door is hot, get out another way.

Learn to stop, drop to the ground, roll if clothes catch fire.

Additional Fire Safety Tips

Install smoke detectors
Check smoke detectors once a month and change the batteries at least once a year. Smoke detectors sense abnormal amounts of smoke or invisible combustion gases in the air. They can detect both smoldering and burning fires. At least one smoke detector should be installed on every level of a structure. Purchase smoke detectors labeled by the Underwriters Laboratories (UL) or Factory Mutual (FM).

Post emergency numbers near telephones.
Be aware that if a fire threatens your home, you should not place the call to emergency services from inside the home. It is better to get out and place the call to fire authorities from a safe location outside the home.

After a fire emergency
Give first aid where appropriate. Seriously injured victims should be transported to professional medical help immediately. Stay out of the damaged building. Return only when fire authorities say it is safe.

Make sure you have a safe fire escape method for all situations
You may have installed a very expensive home security system. But if you cannot escape the burning structure, you have a false level of confidence.

Space Heaters Need Space
Keep portable and space heaters at least 3 feet from anything that may burn. Never leave heaters on when you leave home or go to sleep. Children and pets should always be kept away from them.

Smokers Need To Be Extra Careful
Never smoke in bed or when you are sleepy. Carelessly discarded cigarettes are a leading cause of fire deaths in the United States.

Be Careful Cooking
Keep cooking areas clear of combustibles and wear short or tight-fitting sleeves when you cook. Keep the handles of your pots turned inward so they do not over-hang the stove. If grease catches fire, carefully slide a lid over the pan and smother the flames, then turn off the burner.

Matches and Lighters are Dangerous
In the hands of a child, matches and lighters can be deadly! Store them where children can’t reach them, preferably in a locked area. Teach children that matches and lighters are “tools” and should only be used by adults.

Use Electricity Safely
If an appliance smokes or has an unusual smell, unplug it immediately and have it repaired. Replace frayed or cracked electrical cords and don’t overload extension cords. They should not be run under rugs. Never tamper with the fuse box or use the improper size fuse.

Cool a Burn
If someone gets burned, immediately place the wound under cool water for 10 to 15 minutes. If the burn blisters or chars, see a doctor immediately!

Be Careful of Halogen Lights
If you have halogen lights, make sure they are away from flammable drapes and low ceiling areas. Never leave them on when you leave your home or office.

Fire Prevention Tips

Prevent Fires Caused by Cooking

	Always stay in the kitchen while cooking.
	Keep things that can burn, such as dishtowels, paper or plastic bags, and curtains at least three feet away from the range top.
	Before cooking, roll up sleeves and use oven mitts. Loose-fitting clothes can touch a hot burner and catch on fire.
	Never leave barbecue grills unattended while in use. ·Keep grills at least three feet away from other objects, including the house and any shrubs or bushes.

Prevent Fires Caused by Heating

	Store matches and lighters in a locked cabinet.
	Keep space heaters at least three feet away from things that can burn, such as curtains or stacks of newspaper. Always turn off heaters when leaving the room or going to bed.
	Have a service person inspect chimneys, fireplaces, wood and coal stoves and central furnaces once a year. Have them cleaned when necessary.
	Keep things that can burn away from your fireplace and keep a glass or metal screen in front of your fireplace.

Prevent Fires Caused by Smoking

Use “fire-safe” cigarettes and smoke outside.

Gather information about your denial.

It is important to have all of the necessary information you will need for your appeal in one place. Initially, you will need a copy of your denial letter. This should be sent to you by the insurance company and should clearly explain the specific reason(s) for the denial. If you do not have the letter or do not understand it, call the insurance company immediately. If your insurance company requires pre-authorization of treatment, you will need to find out what, if anything, the doctor or hospital did to request pre-authorization. You should obtain copies of this information in writing.

You should also obtain a copy of the insurance plan document and plan summary. This information will form the basis of the contract between you and the insurance company. It is important to have these documents and review them to learn about your benefits, appeal rights and procedures. If you do not have this information, the insurance company must provide them to you within thirty days of your written request.

It will be very helpful for you to have a complete copy of your medical records prior to starting your appeal. If the company is denying your care based upon a pre-existing condition, you will need to have the specific records on which they are basing their decision. You may also have other records, which they may not have, which could indicate that the pre-existing condition had resolved and therefore would not be grounds for their denial. Try to keep all of your medical records in one place and if possible sorted by doctor or facility.

Ask your doctor and his staff to help with your appeal.

It is important to get a letter from your treating doctor or specialist to submit to the insurance company as part of your appeal. The letter should address the specific reasons for your denial. You should give your doctor a copy of your denial letter as soon as possible. The letter from your doctor should provide information about your illness that your doctor feels is clinically important. It should also provide a specific treatment plan and a detailed description of why the treatment is medically necessary.

On occasion, your claim may be denied if the insurance company does not believe that the proposed treatment is going to be helpful or if it is experimental. If so, it may be helpful to ask your doctor to provide copies of articles explaining why the procedure may be helpful or that it has had good results in other patients. Some doctors will be more understanding of the need for this information than others, but it never hurts to ask for it. The internet may also be a good source of information to include with your appeal.

Be persistent: Appeal again and again and again.

Your appeal should be in writing and normally sent registered mail. That will allow you to make sure that the insurance company did in fact get your letter. You should always keep a copy of everything you send to your insurance company. You may also want to contact them after three to four days to make sure they got your letter and determine how long they expect the appeal process to take.

Your insurance policy may provide for several levels of appeal or review. In most cases, the second appeal will be decided by a different person than the one who made the initial denial. Therefore you should not give up after the first denial. It may also be possible to get additional information to submit, perhaps from another doctor. You should also review the denial letter as well as the doctor’s initial letter to make sure that it addresses the specific reasons for your denial. You should also make sure that it does not contain words that may trigger a denial or not be covered by your policy. Some examples might be: “elective”, “pre-existing”, “cosmetic”, “palliative”. If these are grounds for the denial, they should be listed in the denial letter, and your appeal should address why your treatment is different.

It may be helpful to speak with someone by phone prior to submitting your second appeal. Ask specifically what type of information would be considered and what process will be used to re-evaluate your claim. Make sure that you have written down the name and contact information of everyone you speak with at the insurance company. It may also be helpful to speak with a supervisor if you are not able to get through to the claims adjuster or if they do not return you calls promptly.

Consult a lawyer.

When to contact a lawyer, whom to contact and how much will it cost are all important questions you will need to address if your claim continues to be denied. It is also important to have all of your information readily available for the lawyer to review once you do contact someone for help. If you are able to get a free consultation, it might be helpful to consult a lawyer prior to beginning your appeal. If not, you may want to consider putting together an appeal package and setting up a brief consultation for someone to review your package. It should not cost more than $150-$250 for a consultation. Depending on the extent of the treatment being requested or denied, it may be worthwhile to do so.

It is often difficult to know which lawyer to consult with. The phone book may provide the names of lawyers; however, having a personal referral will generally provide you with more information about the lawyer than what would be available in the phone book or other ads. You should not hesitate to ask the lawyer or his/her staff about their qualifications to handle your type of claim, how much it will cost, and how they will keep your informed about the progress of your case. Additional information about how to choose a lawyer can be found on this website under the “Consumer Guides” tab.

Where to find additional help.

There are several excellent sources of information about insurance denials. You may also be able to get some specific help from a non-profit organization, The Patient Advocate Foundation. They can be reached through their website at http://www.patientadvocate.org)/ or by calling 800-532-5274.

You may also want to contact the Colorado Insurance Commission at http://www.dora.state.co.us/ or by calling 800-894-7490. They will probably ask you to file a complaint, which may be useful in getting the insurance company to respond.

Although the nature of our law practice does not generally involve health insurance claim denials, we are happy to consult with you about your denial and offer suggestions about how you may want to handle your situation.

I spoke about this topic with a friend of mine, Diane Baggs, who works at Joint Effort Rehab, LLC. She gave me some wonderful information to pass on to you. The first step to improving posture is to identify what needs improvement by examining ones own posture throughout the day, such as when sitting in an office chair, carrying objects, or standing in line. At regular intervals throughout the day, take a moment to make a mental note of posture and back support. For instance, as you sit reading this letter, what does your posture look like? Are you sitting up or slouching? Remembering to sit, stand, walk and move using correct posture will have long-term benefits and it will make you look like you’ve lost five pounds instantly.

The following are some tips on improving your posture:

• When standing hold your head high, chin firmly forward, shoulders back, chest out, and stomach tucked in to increase your balance. If you stand all day in a job, rest one foot on a stool.
• When sitting use a chair with firm low back support. Keep desk and table top elbow high, adjust the chair or use a footrest to keep pressure off the back of the legs and keep your knees a little higher than your hips. Get up and stretch frequently. Do not sit on a fat wallet.
• When sitting in a car adjust the seat forward so your knees are higher than your hips.
• When sleeping  sleep on your side with your knees bent and head supported by a pillow, to make your head level with your spine. Don’t sleep on your stomach.
• When lifting let your legs do the work. Stand close to the object, then squat down and straddle it. Grasp the object and slowly lift by straightening your legs as you stand up.
• When bending never twist from the waist and bend forward at the same time. Bend the knees while keeping the back straight.

If you follow these tips, but still feel discomfort and pain related to specific activities, I strongly suggest you visit my friend, Diane Baggs at Joint Effort Rehab. When I asked if I could promote their services, she agreed and generously offered you a free initial consultation. If you don’t know whether your insurance covers this type of service, Joint Effort Rehab will conduct a free review to inform you of your coverage. Just give them a call at 533-1318 to set up an appointment, or visit their website at http://www.jointeffortrehab.com/. Don’t forget to mention that I sent you, and feel free to share this information with your friends and family.