by winburnlawWhat Is Mediation?
Rule 16.3 of the Vermont Rules of Civil Procedure requires alternate dispute resolution. With rare exceptions, all personal injury cases have to go through this process before they are allowed to be tried before a court or a jury.
Mediation is a proceeding where all parties meet to determine if a case can be resolved. The mediation is overseen by a mediator who acts like a referee. The mediator must remain neutral and should be free of any conflicts of interest. Since most attorneys primarily represent claimants or insurance companies in their practice, it is important that the mediator has the trust of all parties.
In Vermont, there is no requirement as to who will be a mediator but they almost always are lawyers in civil suits involving personal injury claims. Some former judges also serve as mediators and a few attorneys devote much of their practice to mediation.
It is entirely up to the parties as to whether they resolve their case at mediation and a result cannot be imposed by a mediator . In other words, no one can make anyone do anything at a mediation that they do not want to do regarding resolving their case. But it does provide a forum for cases to reach a resolution if all parties can agree.
Our law firm only handles personal injury claims, and we practice throughout the State of Vermont. Our office is located in Bennington, Vermont and we only practice in Vermont. If we can help click on the “Contact Us” page above or call us at 802-447-0100.
by winburnlawInsurance Policy Limits
Every insurance policy has an insurance limit that states a maximum amount of money the insurance company will pay on a claim. The lawyers and their clients know what it is although it is rarely something that can be explained to a jury if a trial is required. Juries are usually not allowed to be told whether insurance even exists.
Since most cases settle without a trial, it is extremely uncommon for a person’s personal assets to be at risk if a trial takes place. Very few people have the resources to pay verdicts and besides, that is why they have insurance. If a jury award exceeds the limits of an insurance policy our office can sometimes make a bad faith claim against the insurance company since they would have had an opportunity to settle within the policy limits. Instead, they gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money. When they have an opportunity to settle and protect their insured’s assets but end up with a verdict that exceeds the policy limits, the argument can be made that they have been negligent in their handling of the matter to the detriment of their insured.
As a result, after an assignment of rights by the insured to the plaintiff, the plaintiff can actually sue the defendant’s insurance company to recover the excess of any verdict. This is known as a “bad faith” claim. However, it is uncommon for a verdict to exceed an insurance company’s policy limits. Generally, the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to actually recover from the case.
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 winburnlawWhat Is The “NBTA”?
The National Board of Trial Advocacy “board certifies” lawyers in “civil trial advocacy” in a process sanctioned by the United States Supreme Court. It is probably the most significant way a lawyer can show their professional credentials. Doctors have used Board Certification for many years to denote their specialty in different areas of medicine.
The concept behind this process is that certification will assist the public in identifying attorneys who have experience and background to represent them. To be board certified a lawyer has to take a test that is somewhat similar to a bar examination, show proof that they have actually tried cases, prove meaningful participation in court and have exhibited good conduct throughout their practice. There are very few lawyers in the State of Vermont who are board certified and they are listed at Nblsc.us. This organization requires payment of an annual fee and also requires re-certification every five years so that continuing proof of standards is maintained.
Patrick Winburn of Winburn Law Offices has been board certified in civil trial advocacy for over 20 years – longer than any other attorney in the State of Vermont.
Winburn Law Offices limits its practice to personal injury matters. It is one of the few offices in Vermont to restrict its practice in this way. 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 winburnlawWhen Will A Case Settle?
Cases can settle at any time. Most cases are settled – but sometimes later rather than sooner. It is in the insurance companies’ interest, especially in large cases, to withhold payment for as long as possible. For example, if an insurance company owes $1,000,000.00 to someone and can pay them three years later it does not cost them $1,000,000.00 to pay them in three years because of the savings by investing that money over the course of time. If the insurance company has made 10% interest on your money, in 3 years they are really paying you $700,000.00. If this scenario is repeated multiple times involving huge amounts of money, then the insurance company has made a good business decision for themselves.
That is why it is important to not let the insurance company drag out the resolution of a case. Of course, certain information has to be known before a case can be evaluated and sometimes does take time. And not all cases are worth $1,000.000.00.
A person usually should be at a medical end result so that a proper evaluation can be made. A medical end result is generally determined by a doctor. However, sometimes cases can be evaluated before the medical end result if the injuries are bad enough. If a person’s injuries are obviously going to be long-standing and the medical bills are large and/or the insurance policy limits small this determination can be predicted causing an earlier settlement.
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 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 winburnlawThe Person Who Hit Me Has No Insurance. Do I Still Have A Car Accident Claim?
You probably do. In Vermont, as in other States, uninsured motorist insurance is required. When you purchase insurance to protect against accidents that you may cause, you also have purchased insurance for people who cause accidents that do not have car insurance. In essence, you have purchased an automobile insurance policy for a future unknown person who will run into you that will pay for your full damages as though they were insured themselves.
Uninsured motorist coverage is not a gift from your insurance company. You paid for it and paid premiums. Insurance companies will not always volunteer that you have this coverage if you find yourself in these circumstances but it should be used if the need arises. It acts just like insurance for the other person and, in fact, the Vermont Supreme Court has ruled that your own insurance company becomes your adversary in an uninsured motorist claim.
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 winburnlawComparative Negligence
Vermont adheres to a comparative negligence law that allows multiple parties to be negligent for causing an accident. Although an accident may be 100% the fault of only one person, sometimes two or more people contribute to the cause of the accident. This percentage is determined by a jury if the case is not resolved.
There are a variety of different comparative negligence laws and each State adopts its own. This is an artificial system that legislatures create in order to provide rules that limit lawsuits. There is no right or wrong comparative negligence law – only the one that your elective representatives determine is the one that should be followed. The determination of whether the Vermont comparative negligence law applies to your case can be complicated and you should consult an attorney to further review the circumstances of your case.
We only practice personal injury law and have represented clients from all over the United States as well as the State of Vermont who have had accidents in Vermont – in Springfield, Manchester, Burlington, Montpelier, Woodford, Rutland, Woodstock, Brattleboro, St. Albans, the Northeast Kingdom, Wilmington, Bennington 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 winburnlawPunitive Damages
Punitive damages are allowed in a civil suit but under a very limited type of circumstance. In Vermont, it is rare for punitive damages to be awarded. Punitive damages are essentially a civil fine that is assessed by a jury as punishment for a wrongdoer and are different than consequential damages such as pain, suffering, loss of income, medical expenses, etc.
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 winburnlawThe Person Who Hit Me Has No Insurance. Do I Still Have A Car Accident Claim?
You probably do. In Vermont, as in other States, uninsured motorist insurance is required. When you purchase insurance to protect against accidents that you may cause, you also have purchased insurance for people who cause accidents that do not have car insurance. In essence, you have purchased an automobile insurance policy for a future unknown person who will run into you that will pay for your full damages as though they were insured themselves.
Uninsured motorist coverage is not a gift from your insurance company. You paid for it and paid premiums. Insurance companies will not always volunteer that you have this coverage if you find yourself in these circumstances but it should be used if the need arises. It acts just like insurance for the other person and, in fact, the Vermont Supreme Court has ruled that your own insurance company becomes your adversary in an uninsured motorist claim. 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 winburnlawInsurance Policy Limits
Every insurance policy has an insurance limit that states a maximum amount of money the insurance company will pay on a claim. The lawyers and their clients know what it is although it is rarely something that can be explained to a jury if a trial is required. Juries are usually not allowed to be told whether insurance even exists.
Since most cases settle without a trial, it is extremely uncommon for a person’s personal assets to be at risk if a trial takes place. Very few people have the resources to pay verdicts and besides, that is why they have insurance. If a jury award exceeds the limits of an insurance policy our office can sometimes make a bad faith claim against the insurance company since they would have had an opportunity to settle within the policy limits. Instead, they gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money. When they have an opportunity to settle and protect their insured’s assets but end up with a verdict that exceeds the policy limits, the argument can be made that they have been negligent in their handling of the matter to the detriment of their insured.
As a result, after an assignment of rights by the insured to the plaintiff, the plaintiff can actually sue the defendant’s insurance company to recover the excess of any verdict. This is known as a “bad faith” claim. However, it is uncommon for a verdict to exceed an insurance company’s policy limits. Generally the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to actually recover from the case.
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.