by winburnlawShould I Try to Negotiate with an Insurance Company If I Have Been Involved in an Accident?
Most people are contacted by an insurance company after an accident. People often wonder whether they should try to negotiate their own claim or hire an attorney. The insurance company knows the rules and most people do not. It is like playing football where one side knows the rules and the other side does not. What are the chances that you will win? Hiring an attorney equalizes the playing field and gives you the information and advice you need to make an informed decision.
Wherever you live – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom or out-of-state, if you have had an accident in Vermont, we can help.
by winburnlawShould I Hire An Attorney Based On A TV Ad?
This type of advertising seems to be most prevalent in the personal injury field of law. Some say that this is because consumers have no understanding of the value of their cases and if they engage a law firm that, in essence, is a “factory” that settles these cases for whatever is easily obtained by legal staff (i.e. sometimes not trained lawyers but instead by paralegals or other non-lawyers) then the business can be profitable based on the volume of business they handle. For example, if a seasoned veteran thinks a case is worth $100,000.00 it may not be that hard for an inexperienced law firm that is looking only for a quick end to the case to accept $25,000.00 for the case. By having a volume of cases, their business is profitable by settling case after case for whatever can be easily obtained.
At Winburn Law Offices, we do not advertise on TV. We put our credentials and history of success (see the “In The News” page) up on our website for you to consider when deciding to hire a personal injury lawyer.
Winburn Law Offices keeps its practice limited to personal injury matters and provides information to legal consumers so that they can make their best decisions on their own. We handle cases throughout the State of Vermont.
by winburnlawThe Contingency Fee
Most personal injury lawyers handle cases on a contingency fee. Essentially this means that the lawyer does not get paid unless there is a successful outcome.
The contingency fee is called the average person’s “key to the courthouse”, since most people do not have the money to hire an attorney and would otherwise be unable to challenge insurance companies decisions about the value of their cases.
Contingency fees are available in nearly every type of personal injury matter since most people who have been injured are suffering financial hardship from being out of work, have medical bills and other expenses and are in no position to pay a lawyer. Although the actual result can never be guaranteed, if your case is accepted by Winburn Law Offices it is probably because we think we are going to be able to get a successful result for you and can provide advice and assistance to help get the best results.
Winburn Law Offices represents people throughout the State of Vermont. We have represented clients in St. Albans, Vermont in the northern part of the state to Bennington, Vermont in the southern part of the state and in most points in between including Rutland, Burlington, Woodstock, Brattleboro and the Northeast Kingdom. We also represent numerous clients from out-of-state who have been injured in Vermont in car accidents, snowmobile accidents and in general negligence cases. Please give us a call at 1-800-640-5100 for a free consultation.
by winburnlawWhat If I Am Injured In A Collision With An Animal?
The answer is that it depends on the animal. Damage caused by a domestic pet is frequently covered by insurance. But injury caused by a wild animal would usually not be covered for liability purposes. Essentially, if a human is responsible for the animal, the human may be liable for damage caused.
For example, a dog bite can incur liability for the owner and having an unleashed dog can cause owners to be responsible for problems they cause while being loose – frequently involving collisions with motorcycles and other motor vehicles. The facts of each situation are different and should be reviewed by an attorney to determine whether you have a case.
We represent people throughout the State of Vermont – in Springfield, Brattleboro, Woodstock, St. Albans, Rutland, Montpelier, Newfane, Manchester, Wilmington, the Northeast Kingdom, Burlington, Bennington and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem contact us for a free consultation.
by winburnlawStatute of Limitations
The Statute of Limitations is an artificial time period that a person has to file a lawsuit after events giving rise to the case. Statutes of Limitations are created by the legislature and are arbitrary deadlines that must be followed in order to protect your rights. If your case is not filed in Court within these time limits you can forever lose your right to make your claim. The determination of a Statute of Limitations can be tricky and there may be exceptions to the time periods given for some. Accordingly, it is important to have an attorney promptly review your case and advise you as to a Statute of Limitations along with the other aspects of a potential case.
Our law office reviews cases throughout the State of Vermont – in Manchester, Bennington, Rutland, Burlington, Woodstock, St. Albans, Brattleboro, Montpelier, Woodford, Springfield, Wilmington, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you believe you have a personal injury claim feel free to contact us toll free at 800-640-5100.
by winburnlawWhy Is It Important Which Lawyer Evaluates Your Case?
Usually, people do not know very much about the lawyer they are considering hiring to evaluate their personal injury case. They may have selected the attorney because they have seen them on tv ads or have a familiar name due to mass advertising.
Obviously, it is important who determines what your case is worth. The insurance company will always want to offer you less than your case is worth. As a result, the playing field has to be equalized by hiring an attorney who knows the rules and has experience to be on your side.
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.
by winburnlawHow Long Does It Take To Get “To Court” In Vermont?
In most Superior Courts in Vermont, a civil suit will take between one and two years after filing before your case is in front of a Judge and Jury after a lawsuit is filed. This is what is commonly viewed as being “in Court”. In rare circumstances, it is possible that it will take longer. Cases tried before judges without a jury can sometimes be quicker. Each county has a separate Superior Court staff, and the wait time varies depending on the efficiency of the Court staff and the volume of cases in the county. Usually, cases are dealt with on a “first come, first served” basis and claimants essentially wait their turn.
Civil cases that are filed in Federal Court can sometimes be even quicker but there are certain standards that first have to be met for Federal Court jurisdiction to apply and most civil cases are not eligible to be in Federal Court. Federal Court requires what is called “Early Neutral Evaluation” which encourages litigants to attempt settlement sooner than State Court.
There are urban legends about how cases take five to ten years to actually reach a conclusion, and this may be true in other states. However, in Vermont, it would be extremely unusual for a case to take that long after filing to reach a conclusion.
We handle tort law (personal injury) cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between. If we can be of service, please feel free to click on our “Contact Us’ page at winburnlaw.com.
by winburnlawWhy 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.
by winburnlawShould I Give a Statement to an Insurance Company If I am Involved in an Accident?
Insurance companies frequently want to take statements from people involved in accidents. Their representation to the public is that they want to take statements to preserve evidence and investigate the liability of the person they are providing insurance for. Sometimes this is the case but giving a statement also provides the insurance company with information that can be used against you at a later time. Insurance companies are professionals at taking statements and asking the types of questions that are designed to prevent cases from being made against their insured (and themselves). If a statement is made voluntarily without legal advice it can sometimes hurt the case of the person giving the statement no matter how good the motives are for the person giving the statement. It is always better to have legal advice so that there is an equal playing field in this type of circumstance.
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.
by winburnlawWhy 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.