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 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 to you that you have this coverage if you find yourself in these circumstances, but it should be used if the need arises. You paid for it! It acts just like insurance for the other person and, in fact, the Vermont Supreme Court has ruled that your own UM 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.
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.
©Winburn Law Offices
by winburnlawDo I Have An Insurance Claim Even If I Am Partly At Fault?
Vermont adheres to the Vermont comparative negligence law that allows a jury to decide if multiple parties to be negligent for causing an accident – this even applies to you if you are the victim of the 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. As long as you are not more negligent than 50%, you are entitled to make your claim under Vermont Law! If you were more than 50% at fault you are out of luck in Vermont. But there may be other benefits you are entitled to through your own insurance policy anyway. It is not a gift from your insurance company – you paid for it!
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 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 winburnlawAre Some Insurance Companies Better Than Others?
Yes. An insurance company that gets customers by mass advertising becomes well-known as a result. Generally, the insurance companies that you have never heard of will often treat you more fairly if a claim is made. Advertising creates a volume business, usually selling minimum limits for recovery and providing poor service and denial of claims as a method to deal with claimants. An attorney can help you sort through these and other issues and determine what kind of claim you have.
Pat Winburn has been Board Certified in civil trial advocacy by the NBTA for over 20 years. 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.
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.
©Winburn Law Offices
by winburnlawCan I Hire an Attorney in Vermont Who Is A Specialist in Personal Injury Law?
Yes and No. A Vermont attorney is not allowed to claim that they are a specialist in personal injury law or most other areas of law, but there are a few exceptions. A lawyer can only be a specialist in civil trial advocacy if they meet certain requirements and become Board Certified. Board Certification involves taking a test, submitting writing samples and proving actual time spent in Court. This allows the public to become knowledgeable about who they are hiring.
The right to claim to be a legal specialist has had a long and complicated path. The Supreme Court of Vermont, in response to Peel v. Attorney Registration & Disciplinary Commission, 496 U.S. 91 (1990), adopted ABA Model Rule 7.4 governing Communication of Fields of Practice thereby permitting attorneys certified by an ABA accredited agency to disclose their specialty certification without burden of disclaimer language.
Comment on Rule 7.4 reads, in part, that paragraph (c) of the rule “provides for certification as a specialist in a field of law. In Vermont, because there is no appropriate regulatory authority that has a procedure of approving organizations granting certification, the rule requires that the lawyer clearly state such lack of procedure. If, however, the named organization has been accredited by the American Bar Association to certify lawyers as specialists in a particular field of law, the communication does not need contain such a statement (emphasis added).
The National Board of Trial Advocacy (NBTA) has been recognized by both the ABA and the U.S. Supreme Court and this Board Certification process meets Vermont’s requirements. Vermont’s adoption of the ABA model rule emphasizes the importance of the certified designation.
There may be other Boards as time goes by and other exceptions.
Pat Winburn has been Board Certified in civil trial advocacy by the NBTA for over 20 years. 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.
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 winburnlawCan I Get Punitive Damages In My Case?
Usually not – but it depends on the facts of the case and most juries don’t award them anyway. 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.
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 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 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 and accept, for example $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. Sometimes you may end up with the same amount if you hire a “factory” but it seems like the odds are not in your favor. At Winburn Law Offices, we do not advertise on TV. We put our credentials and history of success (see the “In The News” page on winburnlaw.com) on our website 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 and have offices in Bennington, Vermont and Manchester, 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. 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 winburnlawAccident Cases Are Really Insurance Claims!
It is rare for a personal injury case such as an automobile accident or any injury case to not really be an insurance claim. Although most cases settle, if a lawsuit is filed it has to be filed against a person that the insurance company insures and, only in rare cases, can the insurance company be actually named as a party defendant. The jury is never told that the insurance company is the real party in interest. In fact, laws have been created that will cause a mistrial where the word “insurance” is even spoken in front of a jury during trial. This is despite the fact that the insurance company pays the verdict or settlement, hires the attorneys that are speaking to the jury, determines what experts and discovery they will pay for and makes the decision about whether the case will end up going to trial or will settle. We never represent insurance companies. 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. 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. 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 winburnlawPractice Limited to Vermont Personal Injury Cases
Although our office is in Bennington, we handle cases anywhere in the state and not just Bennington County, from St. Albans, to Bennington and the Northeast Kingdom to Brattleboro and all points in between.
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. If you have a personal injury problem feel free to contact us.
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.