Q:  My vehicle is a one-owner vehicle in great condition, but the book value is only $2,000. It will cost $4,000 to buy an equally reliable vehicle. Can I make the other insurance co. pay $4,000? A:  If your property is destroyed by another’s negligence, you are entitled to be paid the fair market value of your property at the time it was damaged, plus its loss of use during a reasonable time to find a replacement. The key is determining the fair market value. The “book value” may or may not be the reasonable value of your vehicle. You…

Q:  I have been out of work since the accident; can I recover my lost income? A:  In a personal injury claim, lost income, or lost time from work, are things you may be compensated for. This is true even if you have been paid by your employer. This also true in a self-employment situation, although it may be more difficult to prove with certainty the amount you have lost. In those situations, the income loss may be proven by establishing your history of earnings before and after the injury through earnings and income records, or tax records. If all…

Q:  I want to settle my property damage claim with the other driver's insurance company, but do not want to settle my personal injury claim at this time. Is this possible? A:  If you settle for your property damage, but not your injury, because you are still receiving treatment, or for some other reason, you can do this as long as it is clear that you are settling your property damage claim only, and that your injury claim remains open. The Release or other settlement agreement, and the check, should clearly state “property damage only”, and make it clear that…

Q:  Do I have to bring a case for personal injury within any particular time? A:  Yes. There is a “statue of limitations” that applies to most cases. That is, the state legislature has specified times within which various kinds of case must be filed in court or the right to pursue the case can be lost. Most cases for personal injury must be filed within two (2) years from the date of the incident causing the injury. However, in other types of cases, for example, medical malpractice claims, the injury, or the fact that it was caused by malpractice,…

A new style of cosmetic liposuction leaves patients fully awake with only local injections of lidocaine to control their pain at the site where the doctor is suctioning their body fat. This treatment is touted as a way for patients to experience their liposuction fully awake. (Perhaps on the theory that nothing can go wrong while a patient is awake) But there’s no evidence it’s better for patients. It does lower the cost, however, by allowing the doctor to skip the extra expense of having an anesthesiologist or nurse anesthetist present to keep the patient sedated safely. Such cost benefits…