by winburnlawWill The Jury Know When Deciding The Verdict Insurance Pays For The Verdict That They Reach In A Personal Injury Case In Vermont?
The rule that governs this issue is Rule 11, Vermont Rules of Evidence. This rule states:
“Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully. This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.”
In other words, this information is not admissible for juries to have except in rare circumstances in personal injury cases. But the most frequently-asked question of deliberating juries is “Does the defendant have insurance”? To most people it is highly relevant who is going to pay the verdicts that are rendered in court, but Rule 11 doesn’t allow it.
This is despite the fact that the insurance company pays the claim within its policy limits, has hired the defendant’s lawyer, makes strategic judgments throughout the case, pays the expenses of litigation and frequently even has an insurance adjustor sitting in the public section of the courtroom watching the trial. Sometimes, the lawyers involved would like to settle the case but cannot because the insurance company will not approve.
The reasoning of those who make these rules is that the rule reflects the policy of rejecting use of liability insurance to show fault and the dangers of prejudice are great (see reporters notes to V.R.E. 11). However, it can also be argued that juries make decisions that are unfair to claimants because they are concerned that the defendant will “lose their house” or the defendant’s own personal money will be taken which is rarely the case.
This is why it is important to have an attorney to equalize the playing field. If you have been involved in a car accident in Vermont, we would be pleased to speak to you and further advise you as to the merit of your case. We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and anywhere else where there is jurisdiction in the State of Vermont.
If you believe you have an accident claim contact us for a fee evaluation.If you believe you have an accident claim contact us for a free evaluation – if we take your case, we don’t get unless we get money for you!
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by winburnlawWhat Do I Do If I Am In A Car Accident In Vermont?
Initially, you should do the obvious – stay calm, call 911, provide comfort to others, but do not move injured people unless they are immediately in jeopardy of further, immediate harm and await the arrival of an ambulance and police. You should leave your vehicle exactly where it ended up after the collision unless it is a hazard to you or others and cooperate fully with all authorities unless you think its possible that you have committed a crime – then call a lawyer immediately! (Not us – we don’t handle criminal cases – only handle injury cases.)
Later on, you should report the accident to your own insurance company. You are contractually obligated to cooperate in some ways with your own insurance company even if the accident is not your fault. But keep in mind they might be recording your statement and don’t think they are “on your side” because later on, they may become your enemy and you don’t want to unthinkingly say something that will cause you problems that may be used against you unfairly. (For this do call us! Or another accident attorney to protect your rights!)
If you google the title of this blog you will see listings for advice from a number of insurance companies and there is a reason for that. Despite advertisements to the contrary, insurance companies are not your friend. Insurance companies are businesses that make a profit by not paying claims. They know the rules and their adjusters are trained to ask seemingly innocent questions that may hurt your case later on.
For example, the first question that an insurance adjuster usually asks is “Is everyone all right?”. Almost everyone says “yes” even if they are in the hospital. However, the person answering this question is not giving a detailed medical assessment. They mean that they are not dying and are grateful to have survived the accident – this is the way a person normally talks. Later on, when an injury claim is made, the insurance company has you on record as being “all right” which will be used against you.
That is why you should have legal counsel before you talk to insurance companies. There are other questions like this that are designed to elicit statements that misconstrue the real circumstances. You need someone on your side to advise you and even the playing field?
We have handled thousands of car accident cases and have first-hand experience that we can share so you will be treated fairly. We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, St. Albans, Montpelier, Springfield, Woodstock, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you believe you have an accident claim contact us for a fee evaluation
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by winburnlawIn Vermont What Are Side Judges?
Side judges are elected judges who do not have to be lawyers. This is a practice that goes back to early times in Vermont history. Originally, legally qualified judges would come to Vermont from out-of-state to hear cases. The side judges were elected to help evaluate facts for the outside judge who did not know the local territory. In essence, they acted like jurors. However, side judges in more modern times have limited legal authority and rarely sit in court.
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 limits its law practice to personal injury matters and provides information to legal consumers so that they can make their best decisions on their own.
If you believe you have an accident claim contact us for a fee evaluation – if we take your case, we don’t get paid unless we get money for you. 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.
by winburnlawHow Do I Know What My Case Is Worth?
Unfortunately, you probably can’t know unless you have legal help.
When buying a new house, people usually have an idea of what a house should cost because they can see what other houses in the neighborhood are selling for. If a person has a serious injury, there is no similar way to evaluate the case. Everyone is different and a person is not a product. That is why it is important to hire a personal injury attorney with the background, training and experience to provide advice on the value of your case. See our “In the News” and “About Us” pages on our website (winburnlaw.com) for some examples of our past cases and our background in handling injury cases for over three decades.
We offer free consultations to help make this determination and help you make a more informed choice. Our background and experience in doing this (see the “In The News” page of this website) can easily be compared to others in making a good decision about who should be hired to handle your case.
If you believe you have an accident claim contact us for a fee evaluation – if we take your case, we don’t get paid unless we get money for you. 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.
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by winburnlawIf I Do Not Live In Vermont, Can I Make A Vermont Car Accident Claim?
Many people from out-of-state visit Vermont and unfortunately are involved in automobile accidents here. No matter where you live, you have a right to make a claim for that accident in Vermont under Vermont law.
Our office only handles personal injury matters and we deal with insurance companies on behalf of our clients whatever state they live in if they had a Vermont accident.
If you have been involved in a car accident in Vermont, we would be pleased to speak to you and further advise you as to the merit of your case.
We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between.
Of course, cases can be settled without filing a lawsuit and most insurance companies have branch offices throughout the United States - their local branch will usually handle your claim.
If you believe you have an accident claim contact us for a free evaluation!
©Winburn Law Offices
by winburnlawShould I Give A Statement To An Insurance Company If I’m 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 accident. 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. Call us for a free evaluation before you give a statement to any insurance company to protect your rights!
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 believe you have an accident claim contact us for a free evaluation.
©Winburn Law Offices
by winburnlawI Like Insurance Companies – The TV Ads Are Funny – Should I Really Make A Claim Against Them?
Insurance companies spend huge amounts of money on advertising. They sponsor popular television shows where they have very likable and funny characters as their spokespeople – geckos that sing and dance and tell funny jokes and wise-cracking Flo immediately come to mind. However, when you make a claim, they are no longer “like a good neighbor” and you really are not in “good hands”.
Insurance companies are a business and the way they make money is by keeping the money and not paying it to claimants. To the extent that they can do this, their business will be more profitable. It is logical for a business to do this.
However, there is really more involved for claimants who are victims of someone else’s negligence should be treated better because they did nothing wrong and that is what insurance is supposed to be for. Insurance companies should also protect their negligent insured from being sued by properly paying claims – they should minimize a person’s misery from an accident if it was caused by people they insure. This rarely factors into an insurance companies’ evaluation of a bodily injury claim and would seem naive if someone in the insurance adjusting business actually made this point to another insurance company person. It is all a matter of dollars and cents and is answered by the question “how much do I have to spend on this case?” If an insurance company sees that it is in their financial interest to settle a case then they will settle it. If there are other factors involved (like will the claimant’s lawyer actually sue us based on past experience) make their decision based on that – not whether it is morally correct to do the right things and will sometimes they can delay a settlement or not settle it at all, to try to force the hand of the claimants and their attorneys.
If you believe you have an accident claim contact us for a free evaluation – if we take your case, we don’t get unless we get money for you!
©Winburn Law Offices
by winburnlawWhat If I Don’t Want To Make A Claim Because I Don’t Want To Financially Hurt The Other Person Who Caused It?
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 will 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. The wrongdoer’s insurance premiums could go up, depending on the insurance company – but they have insurance for a reason. It is not a favor or gift by their insurance company – they paid for it!
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, the insurance company gambled with their insured’s money with the hope that a jury would allow them to pay less so that they would save money. If that happens then the insurance company may have to pay for their negligence in failing to settle a claim within the limits of their policy. 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 – called a “bad faith” case.
However, it is uncommon for a verdict to exceed an insurance company’s policy limits anyway if the insurance company is looking out for their insured instead of themselves. Generally, the plaintiff’s lawyers do not ask the jury for more than they know they are going to be able to collect because it won’t matter.
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.
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by winburnlawWho Is The Top Judge?
The highest State court in Vermont is the Vermont Supreme Court and the Chief Justice is Rutland attorney Paul Rieber, at least as of December, 2019. (Some day he will retire). There are five members of the Vermont Supreme Court and a majority vote is needed to make a decision. There is usually a written opinion by the Court at the conclusion and their written opinions are published in a bound volume called Vermont Reports. They are also available online.
These cases go back to 1824 and can be considered precedent that lawyers and courts are supposed to follow. These opinions can change over time but it is rare that there is an outright complete reversal of a previous case, because of a legal concept called “stare decisis”.
If you believe you have an accident claim in Vermont, we would be pleased to speak to you and further advise you as to the merit of your case. We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between.
©Winburn Law Offices
by winburnlawWhat Is The Difference Between Arbitration And Mediation?
People sometimes confuse arbitration and mediation. Mediation is merely a settlement meeting. The parties can either settle or not settle, depending on what they perceive to be in their best interests. A mediation does not require any particular result and often there is no result at all and the case does not settle. Mediations are mandated in most filed cases in Vermont, whether you want to or not.
On the other hand, arbitration is essentially a substitute trial. The parties agree to one or more arbitrators who hear evidence and render a decision that usually ends the matter and the decision will usually be enforced by Vermont Courts.
The positive part of arbitrations is that they can be quicker and less expensive and not require as many formalities as a trial. On the other hand, many people do not want to have arbitrations because they would rather have a jury of their peers make the decision and because they cannot agree on “fair” arbitrators.
Arbitrations are frequently forced on consumers as a result of a larger agreement (an auto rental agreement, for example) and dictate the range of arbitrators that can be selected. Obviously, as with juries, a bad arbitrator is as bad as a bad jury. There is a concern that mandatory arbitrations that are forced on people are essentially rigged to provide the outcome desired by the company who wrote the contract. Most arbitration agreements of this kind are usually not favorable to claimants and are favorable to businesses, insurance companies and the groups who wrote the contract.
Litigants can also voluntarily agree to arbitrate in lieu of going to trial. In these circumstances, each side agrees to the rules governing the arbitration. With the advice and input of their attorneys arbitration can be a good process and be an advantage to both sides, but it always depends on the facts.
If we can be of service please feel free to contact us at winburnlaw.com or toll free at 800‑640‑5100. We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and all points in between.
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