by winburnlaw

What Is A Statute 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 or accident claim feel free to contact us toll free at 800-640-5100 for a fee evaluation.

©Winburn Law Offices

by winburnlaw

Why Is It Important Which Lawyer Evaluates Your Case?

Usually, people do not know very much about the lawyer they are considering to hire 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 don’t go on tv, don’t have a theme song and are serious about what we do for you.

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 winburnlaw.com) can help in making a good decision about who should be hired to handle your case.  We only handle accident cases anywhere in Vermont and have for a long time.

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 an accident claim contact us for a free evaluation! If we take your case, we don’t get paid unless we get money for you.

©Winburn Law Offices

by winburnlaw

Is The Owner of A Dog Immune From Being Sued In Vermont If The Dog Has Never Bitten Anyone Before?

In Vermont, the simple answer is “no.” The issue to be determined is whether or not the dog has shown any “dangerous propensities” in the past that would cause the owner to be determined to have known or should have known of their dog’s propensities. All dogs are good to begin with in life, but not if they bite or attack someone. They are dogs and can act like dogs.

There is a myth that “all dogs are entitled to one free bite” among some lawyers. That may well be the law in some states – but not in Vermont.

Although we all love our dogs, as owners we are responsible for their behavior and making sure that others are safe when around them. Usually the homeowner’s insurance policy covers any damage done to a person by a dog. As with most cases, dog bite cases are really cases against the insurance company of the owner of the dog, although the facts have to be proven to show responsibility on the part of the dog owner.

We handle cases throughout the state of Vermont and limit our practice to injury cases.

If you believe you have an accident claim contact us for a fee evaluation –
©Winburn Law Offices

by winburnlaw

What Is A Statute of Limitations And What Does It Mean In Vermont

The Statute of Limitations is an artificial time period that a person has to file a lawsuit in Court and starts running the day you have the accident, or in some cases after you know negligence was perpetrated on you (like in medical malpractice cases) but there are still some limits.  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 – 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.

©Winburn Law Offices

by winburnlaw

What Does Mediation Mean If I Have A Filed Case In Vermont?

Rule 16.3 of the Vermont Rules of Civil Procedure requires ADR - “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 their case.  But it does provide a forum for cases to reach a resolution if all see it in their interests to settle their case

Our law firm only handles personal injury claims and we practice throughout the State of Vermont.  Our main offices are in Bennington, Vermont and we only practice in Vermont.  If we can help click on the “Contact Us” page above or call us toll free at 800-640-5100

©Winburn Law Offices

by winburnlaw

How Do Lawyers Become Members Of “Best Lawyers In America” and “Super Lawyers Of New England”?

Lawyers are selected by groups such as Best Lawyers and Super Lawyers by anonymous means. The rankings seem to correspond to the Martindale-Hubbell rankings but not always. The rankings are made anonymously and therefore are deemed reliable indicators to the public as to the abilities of attorneys they are considering to hire.

The significance of these rankings is that they goes beyond bragging rights of the lawyers involved. They are indicators to the public as to the background, training and experience of a lawyer that they are considering hiring to handle their case. Unless a person is personally acquainted with the lawyer the general public has no way of knowing whether the lawyer being hired is someone they want handling their case. These rating groups are a good way of evaluating this type of information in the hiring process.

Patrick Winburn has been listed in Best Lawyers and Super Lawyers for many years. 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. No matter where you live in the United States, if your accident happened in Vermont, we can help.

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 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 winburnlaw

What Is A Statute 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.

If you believe you have an accident claim contact us for a fee evaluation. 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 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 winburnlaw

Will 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!

©Winburn Law Offices

by winburnlaw

What 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

©Winburn Law Offices

by winburnlaw

In 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.