by Jennifer O'Connell | Jan 21, 2020 | Auto Accident, Bicycle Accident, Brain Injury, Bus Accident, CO Truck, Colorado, DUI, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Train Accident, Trucking Accident, Workers' Compensation
Queener Law Featured in VoyageDenver
We are thrilled to see Queener Law featured in VoyageDenver! What an honor!
We love their insightful questions that prompt us to think a bit more about how we got here and why we have made the choices we made along the way. The life of a business owner is full of forks in the road and choices. It is always important to look back and evaluate the road already traveled to help make the right decisions for the one ahead. We are also extremely happy that our client-centric focus came through. We purposefully keep out hometown feel and insist that our clients speak to a partner every time. We want to make sure our clients know how important they are and how dedicated we are to their cases. It was very exciting to hear that the editors wanted to see Queener Law featured in VoyageDenver to give us a chance to share that view with the community.
Check out the feature here!
Call us any time for a free consultation or to refer your friends or family members in need of help. No more being tossed around from attorney to attorney or case manager to case manager. At Queener Law, you will be in the capable hands of a partner and paralegals from start to finish. Your case deserves undivided attention, and so do you.
by Jennifer O'Connell | Dec 9, 2019 | Auto Accident, Bicycle Accident, Brain Injury, Bus Accident, CO Truck, Colorado, DUI, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Train Accident, Trucking Accident, Workers' Compensation
Getting Your Medical Bills Paid the Right Way
“The insurance company said they’d pay all my medical bills. Now they only want to pay a fraction of what I owe!’ We have heard this complaint almost daily in our decades of practice. What’s the reason and who’s the culprit? Of course, every story like this begins with the fact that car insurance companies are designed to collect premiums and not pay out. But that is not the only conspiracy happening here. Hospitals and medical providers have found ways to use the car insurance system to increase profits, as well. In a recent article in The New York Times, the master plan of hospital billing is broken down into the following steps:
1. Medical Swag
When you are in a wreck, the first thing the EMS or ER staff will do is slap on that age-old neck brace. Often, that neck brace either came free as medical sales swag or was bought in bulk at a rate of a few bucks each. When you get your medical bills in the mail, you find out that your insurance paid $100-plus and you owe an additional $20 bucks or so after insurance. You could get the same brace at your local pharmacy for much less. But when your chart is flagged for a car accident, out comes the medical swag. And in the end, all of this gets paid by the car insurance company… out of your settlement.
2. The Cover Charge
When you are taken to the emergency room, you get a bill. That we know. But did you know that this bill is just for use of the room? In essence, that bill is a “cover charge” for entry. In addition to that fee, which may vary depending on how emergent or traumatic your injury may be, there is a separate fee for every material used and every person who walks into the room. In many cases, you’ll even get a completely separate bill just for the use of a doctor, a necessary component of your emergency room visit. This bill, again, may vary based on what the hospital determines is the severity of your injury. Two guesses what they label car accident victims as in order to increase their bill.
3. Impostor Billing
Not only can you get billed for every person who walks in the room, but you may also receive a bill for people who you have never met. Medical billing allows for “consult billing,” even when the physician never consulted with the patient themselves. If a radiologist simply stops an orthopedist in the hallway for a second look at your x-rays, you get billed. These are not common charges, but we see them often in cases like auto accidents where the hospital anticipates deep pockets.
4. The Drive-By
In more serious cases, where post-ER treatment is required, you can get billed even before your first visit. For instance, if your injury requires physical therapy, a therapist can enter the room just to discuss your future therapy visits, and you will receive a bill for that conversation. A full assessment or actual therapeutic treatment is not required for the hospital to bill for it.
5. Avectus
We have added this prong because it is so prevalent and crushing to your in-pocket compensation while filling the hospital’s bank account. Hospitals allow representatives from Avectus or other lien companies to enter patients’ rooms, although they have no medical training or degrees and have not received consent from the patient or relatives. Their only purpose is to have medicated and shocked accident victims sign forms promising to pay the hospital’s bill in its entirety, regardless of whether they have health insurance. Why? Because the hospital does not want to take the contractual discount with the health insurance, and instead wants to take as much as possible from the auto insurance policy, in addition to all of your other medical bills.
The End Game
Why do we care so much about what the hospital is doing if the car insurance company is paying in the end? Why should you care about what money goes where? An auto insurance policy is like a bank account. Everything that comes out of it – including medical bills – reduces the amount in the account. In other words, every penny the hospital takes is one less for you. If your hospital bill is inflated simply because you were in an auto accident, your compensation for the injuries you sustained will go to the hospital rather than to you. If the auto policy available is only $50,000 and your hospital bill is $40,000, there is very little money left to pay remaining bills, reimburse your lost wages, or cover your future medical needs. And that’s if you don’t come out with a $75,000 bill and only $50,000 in automobile insurance. What can be done to stop this? Short of changing legislation, simply put, you need an attorney. Our office has decades of experience forcing hospitals to use health insurance and refusing to pay their liens if they are on notice and ignore us. We not only fight the insurance company on your behalf, but we also hold the hospitals to a high ethical and economical standard, refusing to let them dig into the policy that was meant to compensate you. Be aware and proactive with your health and your future. Work with a firm that has no blind side. We see the attacks coming, and will head them off at the start.
by Jennifer O'Connell | Jul 3, 2019 | Brain Injury, CO Truck, Colorado, Train Accident
When an Employee is Negligent, the Employer Pays
On January 28, 2019, at Exposition Avenue and Sable Boulevard in Aurora, an RTD train skidded off the tracks. Several were injured and one woman lost a large portion of her leg. While there was snow and ice on the rails, as well as across the entire Metro area, RTD was prepared for that. They have safety protocol in place, as well as top of the line engineering to avoid derailments due to weather. So what happened? According to RTD, speed was the “primary factor” in causing the catastrophic slide. RTD told the Denver Post in February that the appropriate speed for an operator to maintain on sharp curves like this location is 10 mph. This particular train was going three times that fast when it entered the curve. RTD took action and fired the driver of the involved train. Enough said, right?
In Colorado, employers are responsible for the actions of their employees when the employees are acting within the scope of their employment. Employers are responsible for paying for the damages caused by the negligent employee. This is true in nearly every state in the country. The idea behind this law is to prevent businesses from hiring under-qualified employees for important and technical jobs. It’s to keep them from tossing workers out into the world, reaping the benefits, and escaping responsibility when all goes wrong. Businesses are not fans of this law, of course. They have lobbied since the beginning of time to avoid responsibility and have managed to chip away at this law in Colorado. The goal: Escaping personal responsibility for the actions that put an unqualified employee behind the wheel of a truck or in the driver’s seat of a train.
In 2017, the Colorado Supreme Court ruled in In re Ferrer to minimize a business’s liability for negligent hiring, training, and supervising. The ruling essentially makes an injured party choose whether to sue the company for the damages they caused or to sue them for what led to the damages. Suing the company for both, as Colorado law has proceeded for eons, allowed victims to dig into the inner workings of the company to see just how serious they were taking the hiring processes, just how much importance was placed on employee training, and how seriously these businesses took their role as supervisor of their employees. It also allowed for much broader avenues for a jury to punish a company who sat back and watched negligence occur.
Under the new regime, firms like Queener Law are fighting back, hoping to fill back in the holes Ferrer left in victim compensation and corporate punishment. With the right set of facts and technical know-how, some of these roadblocks can be overcome. But for now, what is important to know as a member of the Colorado community is that you have rights to protect yourself against corporate negligence. When you or a family member are injured by a negligent driver, truck driver, train operator, property manager, and so on, the company for whom that employee was working is still responsible. But folks, DO NOT TRY THIS AT HOME. These corporations are chock full of attorneys who spend day in and day out protecting their business’s money. If they are able to sway the Supreme Court into protecting their bank accounts, they can easily do the same in your case.
Call or email Queener Law for advice before proceeding on your own against a negligent business. We have gone toe to toe with corporate attorneys in several states across the country and are currently battling many here at home. We are happy to jump on board and do the fighting for you while you and your family heal from the ordeal their negligence caused.
by Queener Law | Jan 20, 2015 | CO Truck, Colorado, Kentucky, Tennessee, Trucking Accident
Roadways are filled with massive tractor-trailers responsible for transporting essential goods across the state and country. While most motorists are somewhat used to navigating around these giant vehicles, drivers who have a better understanding of how commercial trucks operate may be able to prevent a catastrophic accident from occurring. There are some behaviors drivers can practice to maximize their safety on the freeway.
Trucks Need a Greater Distance to Stop
Tractor trailers can weigh up to 80,000 pounds. According to the Tennessee Department of Transportation, they may exceed 70 feet in length, making them much more challenging to maneuver than a traditional motor vehicle. Semi-trucks require a longer stopping distance to compensate for their size and weight. For example, a car going 55 mph will take an average of 240 feet to come to a complete stop. Conversely, a tractor-trailer can take 450 feet or more to stop, depending on its exact weight, length, and how fast the truck is going. Drivers should avoid pulling out in front of trucks or cutting them off while making lane changes to prevent getting rear-ended in a truck accident.
Trucks Make Wide Turns
Whether tractor-trailers pull out wide to make a right or left turn, it’s important to give them plenty of room on both sides. Motorists should never attempt to squeeze in the lane between the truck and the curb, but rather should look for the truck’s turn signal and be patient. Remember, getting too close to a turning tractor-trailer may cause a devastating truck accident. Patience in these situations can prevent tragedy.
Trucks Have Large Blind Spots
Tractor trailers have larger-than-normal blind spots, also referred to as no-zones. Truck drivers cannot see vehicles that ride in these zones, located behind and on each side of the truck. The most significant blind spots occur on the right-hand side and behind the truck. Motorists should not linger in these areas to avoid truck accidents and crash injuries. Motorists must understand that if they cannot see the mirror on the side of the tractor-trailer, the truck driver cannot see them.
Trucks are Bigger Than Cars
Drivers need to remember that a tractor-trailer is often four times the size of their vehicle. If a semi is pulling a double trailer, that size difference changes dramatically. This means tractor-trailers need much room when changing lanes or entering freeways. Motorists who try to compete with semis for the same space will not win against a vehicle this large.
Whether a large truck operator is driving while drowsy, distracted, or impaired, motorists must stay focused. Identifying the critical signs that a truck driver is driving negligently can be a matter of life and death.
If you have been injured due to truck driver negligence, the next step would be seeking legal counsel from an experienced tractor-trailer accident attorney, like Henry Queener, as soon as possible.