Why Is Insurance Not Disclosed During Trials?
With few exceptions, Vermont juries are never told that the personal injury claim they are deciding has insurance. That is because there is a rule of evidence that excludes this information because it is thought that it may affect the juries’ determinations and cause higher verdicts.
However, others believe that if the jury thinks that payment of their verdict will come out of the pockets of the individual defendants, this will potentially reduce the amount of verdict. Juries are left to wonder where the money to pay the verdict will come from. The allowance of this information to the jury causes the court system to engage in a “legal fiction” to the advantage of insurance companies and to the disadvantage of consumers.
We offer free consultations to help you make a more informed choice. Our background and experience (see the “In The News” page of this website) can help in making a good decision about who should be hired to handle your case. We have offices in Bennington and Manchester, Vermont and handle cases throughout the entire State.
What If I Have Been Involved In An Accident And Do Not Have Money To Pay An Attorney?
The contingency fee system allows people to hire lawyers without the need to pay their fees upfront. This is the way most accident cases are handled to give people the “key to the courthouse” to resolve their claims. The lawyers’ fees are taken out of the proceeds and are paid at the conclusion of the case. The lawyer’s fee is “contingent” upon an outcome – if the claim is lost then the attorney does not get paid and the client is not obligated to pay the fee.
Most people do not have the money to pay an attorney and the contingency fee allows for the client to have good legal representation. It allows the client to receive professional legal services without paying legal fees at a time when funds are usually less available because of the accident the person has been involved in.
We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.
Why Would A Case Be A “Federal Case”?
There are two court systems in Vermont – the State system and the Federal system. In personal injury cases, jurisdiction depends on the amount in controversy and the connection of the parties to Vermont. Sometimes there can be an advantage to file in Federal Court, other times State Court is more appropriate, but more frequently a case does not qualify to be filed in Federal Court. These are complicated issues that require legal advice to protect your rights.
Winburn Law Offices accepts cases throughout the State of Vermont and limit our practice to personal injury. We have tried cases from St. Albans in the northern part of the state to Bennington in the southern part of the state and in most points in between including Rutland, Burlington, Woodstock, Brattleboro and the Northeast Kingdom.
If I Am Hit By An Out-of-State Driver In Vermont Does That Mean I Have To Go Out-of-State To Make The Claim?
Generally, no. Vermont has a statute that causes out-of-state drivers to submit to the jurisdiction of Vermont by the fact that they have used Vermont’s roads during their travels. In other words, if they are driving on the roads resulting in an accident they have, by law, agreed to be sued in Vermont.
Our clients come from all parts of Vermont – in Rutland, St. Albans, Manchester, Bennington, Springfield, Londonderry, Brattleboro, Woodstock, Montpelier, Wilmington, the Northeast Kingdom, Burlington and anywhere else where there is jurisdiction in the State of Vermont. We also represent people from other states who have had accidents in Vermont. If you have a personal injury problem contact us for a free consultation.