Alternative Dispute Resolution (ADR)

ADR is a procedure that parties to disputes give each other as options or alternatives to lawsuits. Partly because of the growing number of claims and the extra work that this has caused the court system and partly because of a need to solve problems at less expense and with less time. Examples of ADR are arbitration and mediation. These do not use the courts, judges or juries.

Firstly, let me point out that this is an optional set of procedures for the claimant. Neither they nor the insurance company is required to choose the option of arbitration or mediation. But may do so as an alternative to court or jury trial. 

Secondly, both sides must agree to submit the case to ADR as one side generally cannot force it to be done. Thirdly, the costs of presenting a case in this manner can be greatly reduced; in some instances at a fraction of the cost. Fourthly, as to timing, cases can generally be disposed of by arbitration or mediation in as sort a time as 2-4 weeks compared to months or even years for court. 

The law is changing. The law is adjusting and adapting to the needs of the people it serves and the development of ADR, giving people additional ways of resolving their differences, is good evidence of this. 

Tofaute & Spelman have been using ADR to resolve our clients' cases for many years and are skilled at making sure this option is used when it benefits our clients the most.

Personal Injury: Do We Understand? You Bet We Do. By George B. Tofaute

A few years ago, I was hit from behind by a semi-truck driver. In a split second, and without any warning except a terrifying glance in the rear-view mirror, there was a crash of a semi-truck into my car. It changed my life forever. I knew I was hurt. First I felt nauseated. I knew I was going to be sick. My head, neck, back and shoulders began to hurt. I was very hot. But I sat still until I heard sirens and then help arrived.

Even though we help people every day in similar situations, it was still hard to know what to do next. A police officer wrote his report and told me the semi driver was to be arrested. I was able to take myself to the doctor and then started months of diagnostic tests and treatments: x-rays, a CT scan, 2 MRI's, physical therapy and ultimately surgery on my neck and another one projected from my shoulder.

In a moment, I went from the attorney to "the client." Thankfully, I work with several professionals who would help me manage my case. As a result of my own journey from the accident, I vowed to always remember what it is like to be a client on the other side of the table. It literally turns your life upside down.

At Tofaute & Spelman, we have a team of men and women who know and understand the effects of injury situations. We care about injured people and their families, because we too, have been there.

Good Medicine Makes Good Law by George Tofaute

Tofaute & Spelman has limited its practice to serving injured persons and their families for 30 years. Our clients hear from us that we are most interested in following their medical treatment and being advised of their medical course. We explain to them that as the case progresses, we will need precise written reports from all their doctors and treatments and the future prospects as a result of their injuries.There are several reasons we are interested in following the course of medical treatment.

1. Our clients sometimes undergo long series of medical treatments. Office visits, surgery, p/t, diagnostic procedures such as MRI's, CT Scans, and X-rays, therapy with chiropractic physicians and more.
2. There are times when the client is not familiar with the various services available for the injuries they sustained. Since we deal with many health care providers, one might think we can recommend a provider. We actually have no preference for any provider, but may have suggestions about certain treatments.
3. Sometimes, surgery is the best medical approach to our client's injuries. Clients who have surgery usually have a period of disability during the recuperation process. This increases medical expenses and can result in lost income. Lost income and is also an element of damages under Indiana law that we will be concerned about.

Like all other professionals in the filed, we strive diligently to avoid making mistakes. That is why we are so insistent that our clients tell us EVERY TIME they are treated for their injuries so we can follow their medical treatment course. This is also why we need written and accurate medial records and reports from all providers and their findings. It is only with the best medical care, evaluation, and documentation that we can render the very best of LEGAL services to those injuries and their families who's ask for our legal help.

More and More Truck Accidents by George Tofaute

National statistics show that big truck (18 wheelers) accidents are increasing. In 2012 more than 100,000 folks were hurt by big trucks. Almost 4,000 were killed. Did you know that fatal truck accidents KILL eleven (11) people every day? Why? How?

According to our government, reports show:

1. drivers who drive too long and "fudge" their logs;  

2. hiring of non-qualified drivers just to get trucks on the road at any cost;  

3. not adopting new safety technology;  

4. driver fatigue;

5. cell phone use;  

6. excessive speed; 

7. driver distractions.

Remember actor Tracy Morgan's horrible crash in New Jersey a year or so ago? One man was killed and Morgan was left with a traumatic brain injury.  The truck driver who caused the crash was a semi-truck driver for Wal-Mart and drove 12 hours to work BEFORE DRIVING A TWELVE (12) HOUR SHIFT. The investigation found that he had been on the road more than twenty-eight (28) consecutive hours at the time of the crash.  This crash occurred despite the ''hours of service rule" that limits operators to no more than eleven (11) consecutive driving hours.

Do big trucks on the highway scare you? Me too!

Cell Phones and Driving Do NOT Go Together! Drive Now - TXT L8R

Drive Now - TXT L8R by George Tofaute

See that car coming toward you? Is it "drifting" over the center line into your lane? Is the driver talking on a cell phone? How does this make YOU feel? Stomach tense, panicky very VERY afraid, then angry!

Flash your lights, honk your horn…did it work? Did they see you and "pull back" in time not to hit you head on??  Great. Don't do this to someone else! Remember how it made you feel.

Do not, repeat, NOT, talk on your cell phone or text while driving.  For more information, visit Drive Now - TXT L8R

Insurance Adjusters and YOU! By George Tofaute

You've been injured in an accident. An insurance adjuster from the company that insures the at-fault driver calls and wants to come to your home -- or hospital room -- or the funeral home.

Why? Probably because the insurance company feels they can "control" the claim and keep you away from hiring a lawyer. Why would they want to keep you or a loved one away from a lawyer?

Because they know (and facts bear this out) that injury claims are paid higher amounts when the injured person, or their loved ones, have attorneys helping them.

Call us today. We can answer your questions and if you like what you hear, we can be YOUR lawyers. You pay NO money upfront. We are paid out of the settlement or court verdict. And, only if you are paid and the case is won.  Call us today 800-468-8736. The call and the consultation are FREE

Do's and Don'ts After an Accident by George Tofaute

Do:

1. Call 911;
2. Get witness names and take pictures of injuries and vehicles;
3. Get good medical care ASAP;
4. Report to your insurance company;
5. Call Tofaute & Spelman -- it's FREE!!

Don't:

1. Give a statement to the other insurance company;
2. Sign anything before talking to an attorney (call us for FREE);
3. Set a "price" on your case with the other insurance company (may be too low).

We have been helping the injured and their families for over 50 years. Call us. 800-468-8736. The call and consultation are FREE!

Hey, You Know What?

What the Insurance Adjusters know that you don't...and are they ever glad!!

The adjuster knows that you don't know the likely value of your injury case. Why? Because they do this all the time and you don't. Also, there are things they look for that you may not see coming or realize the importance of. They may get you to admit information that hurts your claim, and you don't even realize that you have done so.

Why do they do this? Oh, that's the easiest question of all. Answer: because they are not (repeat) NOT on your side.

Any doubts? Why not call us first. It's free and if you like what you hear, ask us how you can his our attorneys with no money down, no pre-payments, and no up front money.  REALLY!

Call today for a no obligation, free consultation.  800-468-8736

Settlement Loans & What They Mean for Your Case by George Tofaute

CAN I BORROW MONEY ON MY CASE BEFORE IT IS SETTLED?  Lawyers individually are prohibited by ethics to loan money to a client on their their case.  To do so means the attorney has "acquired an interest in the case," which is a conflict of interest prohibited by the courts.   

But, you may be able to borrow from some companies who specialize in such loans, like JG Wentworth, Oasis Legal Funding, and others.  If you qualify with them for a loan, both you and your lawyer must sign a re-payment agreement. Most lawyers will do so if you, as the client, want them to.  


However, before signing BE SURE YOU KNOW HOW MUCH YOU WILL BE REQUIRED TO RE-PAY.  The interest rates on such advances are usually very HIGH!  Read the fine print!!   Your lawyer can help you see if you really do want such a loan, even if the re-payment is quite expensive. 


Some good news: most such loan agreements have a provision that if you do not win your case, you may not have to re-pay the loan.  Again, read the "fine print" to see what you are obligated for before do the transaction. 

Race for the Cure team!

The Tofaute & Spelman Race for the Cure team had a great time in Terre Haute, Indiana last weekend. Thanks to all who came out and showed their support for this cause!

Weather and the Law. From Attorney George Tofaute

Car accident - can I blame the weather?? If it's your fault, then no. For example, if you slide on an icy road and rear end another car - even if you were going under the speed limit - the officer will more than likely code the accident as your fault for driving in excess of what is "reasonable under the road conditions".  Yes, even if you were driving UNDER the limit. Since you should have been aware of the road while you were driving.    

What if you fall on ice in a shopping center, or the entry to a store or in a parking lot? We see this a lot during the winter.  If the store had notice of the ice, and, time to take steps to "salt" or "sand" the area, then the weather has created a hazard that the store was aware of, or should have been aware of, and may have failed to take steps to make the area safe for their customers. In this instance, the weather created a dangerous condition that the store failed to make safer and you will likely win the claim.

There are many cases in the law related to weather conditions that are important issues in injury claims. We are experienced legal professionals who's combined 100 years of working on these cases helps us help you.  Call today 800-468-8736.

What If You Don't Live Close to Our Office? By George Tofaute

Tofaute & Spelman has offices in Indiana and Illinois and chances are, you are reasonably close to one or more of them.  However, you'll be glad to know what most of our clients win their cases WITHOUT EVER LEAVING THEIR HOME.

We can begin your case with your phone call to us.  You can enjoy having our lawyers work for you in our offices while you stay home and get better.  You can call us 24/7 and hire us from the hospital (many clients have done this), and we will deliver your settlement check to you in person or by overnight mail. 

We know you are busy.  Let us help you while you stay home and get well.

800-468-8736 anytime, 24/7 and a real attorney will be available to help you!

Texting & Driving

Texting and Driving.  Ever done this?  If you have, I bet you that while you were doing it you thought: 

1. I should NOT be doing this -- it’s dangerous; 
2. 2. But I need to do this.

And I bet that you maybe ‘wandered’ over the center line of the highway and luckily avoided a crash, or, that you looked up and had to brake really HARD to avoid hitting a vehicle in front of you.  If you have ever texted while driving I am sure that you have had a ‘scare’ and had the thought that you really -- and I mean REALLY -- should NOT be doing this.  Right?

Tragic accidents happen every day involving texting while driving.  In fact, it is so bad that the official form used by all police departments in Indiana now have a box that the investigating officer must check if texting was a cause of an accident.  And, there are penalties that can be imposed on the guilty driver.

You know you should not do this, so DON’T.  Stop by the side of the road and do your texting there.  It’s safer and your spelling wll b betr!  And your message will make more sense, and you will not hurt anyone else or your self.

To Wave or Not to Wave? By Attorney George Tofaute

Picture yourself sitting in traffic and seeing another driver wanting to get your attention so that you will let them cut into the lane or across it. We have all been there. Do you pretend not to see them? Some do. Or, do you want to be a really "nice guy" or "nice gal" and wave them through?   The next time this happens to you, THINK TWICE about what you wind up doing and remember this column.

You could wind up being sued and being in a financial mess. WHY? Because of a new decision by the Indiana Court of Appeals in the case of   KEY vs. HAMILTON which is found in the legal publication  963  N. E.  2nd  573.  

In this case, a motorist who had waved another motorist through an intersection was found liable to the motorist they had waved through who then got hit by a third driver.  The Court held that by waving the other driver through, he had created a "legal relationship"  between the parties and that the harm to the injured driver was reasonably anticipated.

  

Please, DON'T DO IT. With this decision in the books (unless the Indiana Supreme Court changes this rule), being a polite and courteous person could wind up costing you a lot more than just the angry glare of an impatient motorist!

Aggressive Driving

Want to know what to do?  Read on.

We all encounter aggressive drivers who upset us.  REALLY upset us!!  And, it seems to be getting worse.

This may be due to the state of the economy, with folks with money worries,  people out of work or trying hard to "make ends meet"  (we have all been there). It may even be due to the HOT WEATHER that we have been going through.  Tempers can "BOIL" when the thermometer does. 

WHAT TO DO?  When someone cuts you off, tailgates you, honks at the light when you don’t move fast enough for them,  or aggressively  moves toward you car in a menacing way...do what you  LEAST WANT TO DO!!!  GIVE IN TO THEM AND LET THEM GO!

DO NOT, REPEAT,  DO NOT  ‘take the bait’ and  do NOT respond aggressively!!!  LET IT GO!

Hard to do, but BEST to do.

P. S.  Did you know that on standard Police Reports made in every traffic accident case lists 26 causes for the accident, and, has a place on the report for the Police Officer to check whether or not the accident was the result of  AGGRESSIVE DRIVING?  Remember what your Mom and Dad taught: BETTER TO BE SAFE THAN SORRY. Good advice then & good advice now!

Food Poisoning from a Fast Food Restaurant? By George Tofaute

FOOD POISONING FROM A FAST FOOD RESTAURANT?

At Tofaute & Spelman, we are seeing an alarming increase in the number of FOOD POISONING cases this summer.  One was due to a careless employee while cleaning the restaurant, and, the other was a restaurant that kept food around too long.

In both cases, our clients became deathly sick within minutes of eating the contaminated food and immediately began vomiting, experiencing severe stomach cramping and pain, and severe diarrhea.  

Each of these clients went to the emergency room for treatment - one was treated and released. The other was treated and released only to be required to return to the hospital where she was confined for several days!!   

The hospital diagnosis (in the records) and later confirmed by the client's physician was BACTERIAL ENTERITIS often also called  BACTERIAL GASTROENTERITIS.  According to medical research  COMMON SYMPTOMS  include:

1. cramping
2. abdominal pain
3. fever
4. nausea
5. vomiting
6. diarrhea             

The most COMMON SYMPTOM is diarrhea where stools may be watery, bloody, or contain yellow or green mucus.

          

Our clients WON their cases thanks in large part to going promptly to the E/R and GIVING A VERY COMPLETE HISTORY OF WHAT THEY HAD EATEN A SHORT TIME BEFORE, AND, WHERE.  Both of these recent cases came from eating at fast food restaurants.  

IF YOU GET SICK SHORTLY AFTER EATING don't take chances. Even though most cases of food poisoning are curable and resolve, you can be in for hours and even days of pain, agony, disability, lost time from a job and suffering.  GET MEDICAL HELP AND DOCUMENT where and when you ate what.

Are You or a Loved One Considering a Nursing Home?

Or an assisted-living facility? Aside from the various contracts and ways to pay for it that most nursing homes offer, (which all need to be carefully reviewed for your best financial approach) you need to be aware how DISPUTES with the facility are to be handled.  

DO NOT ASSUME THAT YOU CAN HIRE A LAWYER AND FILE A LAWSUIT IN COURT WITH A JUDGE AND JURY TO HEAR YOUR CASE.  In fact, you may NOT be able to do that, and, you may be required to submit any disputes or claims to ARBITRATION.  In this instance, neither side can go to court, but must let an arbitrator or panel of arbitrators decide the case.

Many feel that this process unfairly protects the nursing facility from publicity of claims with no "jury of your peers" deciding factor.  Many people feel juries are more inclined to rule with an injured patient than arbitrators who are professionals who may be routinely involved
with nursing homes in such cases.  

As with any contract, before entering a facility, "read the fine print" and know your rights.  Many courts have upheld such arbitration clauses in nursing home and assisted living contracts.  We can help advise you in such cases.  Call us today 800-468-8736!

Here's a List of the Types of Accidents & Injuries That We Can Help With. From George Tofaute

Download our Crash List app for your Apple iPhone or your Android Smartphone today and always have our links and information at your fingertips.  One click and you're connected to us and we have the answers you need!  Click the link below!  Android users click HERE!

Link to App Store

Auto Accident

Motorcycle Accident

Semi-Truck Accident 

Car Wreck Accident

Motor Vehicle Accident

Dog Bites

Slip and Falls

Drunk Driving Accident

Texting / Cell Phone Accident

Railroad Crossing Accident

School Bus Accident

Bicycle Accident

Pedestrian Accident

Boating Accident

Bus Accident

Crosswalk Accident

Drug / Impaired Accident

Train Accident

SUV Accident

Watercraft Accident

Neck and Back Injury

Head and Spine Injury

Broken Bones and Nerve Damage

Concussion

Scarring Injury

Spinal Cord Injury

Amputation Injury

Paralysis Injury

Memory Loss

Hearing Loss

Vision Injury

Burn Injury

Crush Injury

RSD Cases

Disc Injury

Crippling Injury

TMJ Injury

Quadriplegic Injury

Paraplegic Injury

Pain and Suffering

Fibromyalgia

Insurance Benefits For Injured Drivers? By George Tofaute

Imagine a car wreck where one car runs into the rear of another car and hurts the driver in the front car.  Got it?  How many insurance benefits could apply to pay and compensate the injured driver?


DO YOU KNOW?  Do you know where to look, who to talk to, and what records and documents to request and examine?  We do.   

THE ANSWER:  12. 

Question from a reader: Why Do We Practice PI Law? By George Tofaute

Why do we practice personal injury law?  We have been asked by insurance companies to be their attorneys.  We refused.  Why?  Because we won't be told what to do, and, especially if it is something that is not right and not in the best interest of a hurt person or their family or friend.  

And, to be perfectly honest, all of our attorneys "ENJOY A GOOD FIGHT!" Winning may not be the only thing, but it sure beats losing!!  And, when you do that, and do it truthfully, honestly and ethically, how much better than that does it get?