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Kelly Law Offices October 2018

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OFFICES IN NORTHWEST INDIANA AND SOUTH BEND

Fighting for My Clients A Recent Settlement That Benefits People, Not Insurance Companies

A

s an injury attorney, there’s nothing more frustrating than knowing I can’t help a client. After a crash, most

a case is settled we would get more money than you once health insurance and medical bills are paid, we lower our fee to make sure you get more in your pocket

insurance companies will work quickly to settle a claim. The insurance adjuster will tell the injured party that they don’t need legal help and that settling quickly will avoid numerous headaches and drawn-out negotiations. It’s a quick solution, but it is rarely the best one. After an injured party accepts the insurance money, the insurance company has the injured person sign a release, and the matter is over forever. Even if more issues arise, a lawyer’s hands are tied by the release the injured party signed when they settled their case. The injured person does not get a second bite at the apple. I’ve had people call me months after accepting the insurance company’s first offer, and their seemingly insignificant shoulder soreness turned out to be a torn rotator cuff requiring surgery, physical therapy, and a lot more medical bills and missed time from work. What the insurance company got away with paying them was only enough to cover their initial ER bills and a few bucks in their pocket. The insurance company weaseled their way into paying less by offering a quick payout — and 99.9 percent of the time, there’s nothing a lawyer can do about it. Most insurance companies don’t want you to know that your lawyer is trying to help you. They paint lawyers as greedy people who just want to take money out of your pocket. In reality, the opposite is true. At Kelly Law Offices, we only receive compensation if you win your case, and if the math shows that after

than us. The injured person deserves fair

compensation.

Insurance companies will stop at nothing to profit at the expense of the injured. In early September, State Farm Insurance settled an Illinois lawsuit for

$250 million. The lawsuit showed State Farm had funneled over $3 million into an Illinois Supreme Court justice’s campaign. That judge was subsequently elected and proved to be the deciding vote to overturn a previous billion-dollar judgment against … you guessed it — State Farm.

State Farm paid a quarter of a billion dollars! In my experience, insurance companies don’t willingly give up that kind of money if they are not afraid of what might come to light or if they believe they can win. At Kelly Law Offices, we have plenty of clients who are initially skeptical of how we can help them. They initially believe the perception that the personal injury lawyer is someone who is only out for themselves, rather than an ally who is fighting the same evil insurance companies in a fight the insurance companies have tried to rig. I understand these fears. When I was recovering from my own injury after a drunk driver hit my vehicle, I remember the stresses of dealing with the insurance company, recuperating from an injury, and continuing on with my life. A crash is one of the scariest life events someone may have to deal with, and I hate to see people scammed out of what they deserve by an evil insurance company. So, even if you’re initially scared of an injury lawyer, give us a chance to fight for you. There is never a fee unless you win, and our clients will tell you the only people we scare are the insurance adjusters.

–Michael Massucci

1

800-859-8800

Even the Most Frightening Ghouls Need to Be Careful HAVE A FUN AND SAFE HALLOWEEN!

Happy Halloween, you goblins, ghouls, witches, and spooks! It’s that time of year again when kids and adults alike can dress up and roam the streets as their favorite heroes, frights, or princesses. While kids are eager to show off their outfits and fill their pillowcases with sugary treasures, it’s crucial to be aware of the potential dangers on Halloween night. Practice Street Safety Make sure your kids understand basic road safety. According to Safe Kids Worldwide,“Children are more likely to be struck by a vehicle and killed during Halloween than any other day of the year.” Before heading out for some good old-fashioned trick-or-treating, take the time to go over basic safety tips. Teach kids to look both ways before crossing, use crosswalks and traffic signals, cross streets on the corners, and never run across the street. Making eye contact with drivers before walking in front of their cars is also a good way to make sure the driver knows the child is there.

following a few simple guidelines. Add reflective tape to candy bags and costumes and wear light colors to stand out in the dark. Buying or making the right-sized costumes is also important. If they’re too large, they create a tripping hazard, and if they’re too tight, they can restrict movement. If your child wears a mask, make sure they can see out of it properly. Make a Plan

Before heading out to trick or treat, create a plan and discuss it with every member of your family. This ensures that if someone in your group wanders off, they’ll know where to look for you or where to go. In case you’re separated, label your child’s costume with your name, address, and phone number. If your children are old enough to trick or treat without adults, make sure that their cellphones are charged and on them at all times, and schedule regular check-ins.

Choose Smart Costumes Halloween wouldn’t be Halloween without costumes! They should be fun, but you can also make them safer by

SERVICE HIGHLIGHT

What to Expect When Your Case Goes to Court FEAR IN THE COURTROOM While only a small percentage of personal injury cases go to trial, those that do can add stress to an already frightening situation. The fear of the unknown can send even the most cool-headed victim into a panic. When preparing to go to court, your lawyer will be the best source of assistance for you, but these trial reminders can help boost your confidence too. It’s Going to be Lengthy

to be collected, witnesses to find and prep, and a jury to select. There’s a lot that goes into the United States justice system for a fair trial, so don’t anticipate a resolution overnight. Up inYour Business While your injury may not be your fault, your decision to take your case to court puts the focus on you. Frommedical records to your skills and education, you are on trial for everyone involved to see. The defendants in your case will also have to expose some personal or corporate details, so it won’t be all about you. The court system tries to protect victims and witnesses private information. Be Ready for the Unknown Unfortunately, lawyers cannot guarantee the outcome of cases in court. The judge or a jury has the ultimate say in deciding fault and compensation, and unfortunately, that means the endgame is unknown. While a settlement is a guaranteed payout, a trial can be a roll of the dice, but your experienced injury attorney will advise you when it is worth taking the calculated gamble that is a trial. We will fight for our clients as long as they are willing, but don’t walk into court expecting the jury to automatically side with you.

Unlike trials on“Law and Order,”most cases that go to trial can take a couple years to finish. The proceedings may only last a few days or weeks—which is still longer thanTVmakes it appear —but leading up to that point is a lot of work. There are motions to be filed, >Page 1 Page 2 Page 3 Page 4

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