The Facebook Problem

Currently, there are over 500 million active Facebook accounts across the globe. Of the 206 million people in the United States who use the internet, it is estimated that over 71 percent of them are using Facebook. What you may not know, though, is that if you are an active Facebook user and have recently filed a personal injury lawsuit, you could end up jeopardizing your claim. You can be sure that the opposing attorneys will do everything they can to minimize your claim or refute it entirely, and they sometimes find a treasure trove of information on social media sites like Facebook to make their job easier. For example, if you are claiming an injury in your lawsuit that hinders your ability to move around or perform daily tasks, it’s probably not a good idea to post photos on your page of you playing football or dancing at a club after the date your accident occurred. Your Facebook friend list presents another golden opportunity for investigators as it can help them stumble upon damaging information about you that was posted by your buddies on their pages. Many people mistakenly believe that privacy settings on Facebook will prohibit opposing attorneys from accessing their pages, but the defense can ask the judge to required written authorization from you for access to your Facebook account. Even if that request is denied and your privacy settings only allow your Facebook friends to see your page, you still may run into problems. A creative investigator for the opposing counsel could trick you into being “friends”, leaving your Facebook account open to scrutiny. For plaintiffs in the midst of a personal injury lawsuit, it is highly recommended that using Facebook be strictly avoided until after the case is over.

The Worst Insurance Company in America

A report listing the 10 worst insurance companies was recently compiled, based upon claim denials, premium increases, and refusing coverage to those who need it most. And guess who made the top of the list?

Allstate. That's right, The good hands people! Were found to be the very worst when it comes to putting profits over policyholders.

At a time when the economy is in a shambles, and unemployment still hovers around 10%, insurance industry profits are skyrocketing!

And one of the main ways the insurance industry makes $30 Billion in yearly profits is by denying, delaying, and unfairly defending against legitimate claims. Claims for injury made by people just like you and me.

Allstate is the worst, but they're not the only bad apple. If you would like the list of the 10 Worst Insurance Companies in America, just shoot me an email and I'll send it to you. Email me at fmj@frankjenkinslaw.com

Another Win for Kentucky Workers!

I believe that when a lawyer takes a case, he should be willing to take it all the way. Sometimes that means all the way to the Kentucky Supreme Court.

We were hired by a nice lady who was injured at the American Greetings factory. She tried to get lost wage and medical benefits, but American Greetings and their workers compensation insurance carrier refused to pay her one dime. They claimed that the injury did not "arise out of her employment".

We argued that the insurance company should be ordered to pay what they owe. Unfortunately, the original judge on the case sided with the insurance company, and dismissed our lady's case. We thought that was totally wrong, so we appealed to the Kentucky Workers Compensation Board, and we won.

But the insurance company still refused to pay! Their lawyer appealed to the Kentucky Court of Appeals, so we had to keep on fighting, and we won. But the insurance company lawyer appealed again! This time to the Kentucky Supreme Court.

We kept on fighting for our client, and we won.

If you read the opinion, it will show you just how hard insurance companies are willing to fight in order to NOT PAY BENEFITS to injured workers. Get on the internet and check out:

http://opinions.kycourts.net/sc/2010-SC-000179-WC.pdf

At the Frank Jenkins Law Office, we take pride in how hard we fight for our clients. If you hire us to handle a workers comp case, or any other type of injury case, we will fight for you as hard as we can!

Should you "go to court" on your KY injury claim?

When you’ve been injured due to someone else’s carelessness, you already have a lot on your mind: How to pay for medical bills? Who will pay my bills while I can’t work? Who’s going to drive the kids to practice? Or daycare?

Then another question arises, later in the process: Should you settle your injury case, or Go to court?

There is no easy answer to this one.

Once you’re finished with medical treatment, your attorney should promptly put together a settlement package to send to the insurance company. If this “takes forever”, then that’s a bad sign about your lawyer.

Later, when the insurance company makes a settlement offer, discuss it at length with your attorney. Ask questions. It usually takes several rounds of back-and-forth before a reasonable offer is obtained.

Okay, then what? If you’re not satisfied, what do you do? Your attorney should explain all the potential outcomes. Is the insurance company’s offer reasonable? Should you accept the offer, or file a lawsuit? If you feel like you are being reasonable, but your attorney is “strong-arming” you, then that is another bad sign about your attorney. (Of course, the key is for you as the client to be reasonable and realistic. Insurance companies never pay what you think your injury deserves.)

Ask your lawyer if she thinks the offer is reasonable. If the lawyer says it’s too low, then you should file suit. But keep in mind: There are no guarantees! You could lose your case at trial and end up with nothing. Also, pursuing a lawsuit is expensive. Your lawyer will probably pay your expenses along the way, but when the case settles or wins at trial, you will have to repay the expenses, on top of your attorney fee.

Different insurance companies do things differently. Some will pay fair settlements without you having to go to court, but some won’t. Nowadays, it’s common to have to file a lawsuit to in order to get fair value on an injury claim. Talk this over with your lawyer early on! Ask them if they are willing to go to court if necessary. Then when the time comes, hold them to it!