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!