WIN YOUR PERSONAL
INJURY CASE
Useful Info Revealed That May
Help You In Your Case
Donald R. Beebe, Esq.
Daniel A. Beebe, Esq.
Copyright © 2016 by Donald R. Beebe, Esq. & Daniel A.
Beebe, Esq.
All rights reserved. No part of this book may be used or
reproduced in any manner whatsoever without written
permission of the author.
ISBN: 978-1-941645-48-2
Designed and Published by:
Speakeasy Publications
73-03 Bell Blvd, #10
Oakland Gardens, NY 11364
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888-225-8594
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 2
DISCLAIMER
This publication is intended to be informational only.The
information in this book is not intended as legal advice. No
legal advice is being given, and no attorney-client
relationship is intended to be created by reading this
material. If you are facing legal issues, whether criminal or
civil, seek professional legal counsel to get your questions
answered.
Donald R. Beebe, Esq.
PO Box 6002
335 Washington Street
Norwich, CT 06360
860-222-2021
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 3
TESTIMONIALS
“Dan did an amazing job. Dan made sure I explored
every medical treatment option. I was nervous and
overwhelmed at first but Dan made sure I understood the
process and made it less stressful. When I had trouble
finding some doctors that dealt with the medical
problems I had Dan had found me some. Dan definitely
put in a lot of time and hours of research in my case. I
never had any doubt that I chose the right lawyer for my
personal injury lawsuit. I would recommend Dan
because he treats you like a human being and not just a
number. Thank you Dan for all the hard work and
everything that you did for me in my case. Thanks.”
- Jon H.
“In Our opinion, Beebe & O’Neil is a Five-Star Law Firm.
They are thoroughly dedicated to their clients and highly
responsive to their needs. Our case was a lengthy one
and throughout the entire process, the Beebe & O’Neil
team kept us well informed and advised. You simply
cannot ask for better legal support. If you Need legal
service, contact Beebe & O’Neil. You will not be
disappointed.”
- Larry & Betty G.
“I want to thank my lawyers and legal staff at Beebe &
O’Neil for representing me in a civil case from a car
accident I was in during 2009. They went out of their
way to make me feel like family and they gave me
tremendous moral support through my medical treating.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 4
I can’t say enough about everyone involved in my legal
matter from the attorneys down to their staff that they
go out of their way for you. I would highly recommend
anyone to go to their law firm if you need help with an
accident.”
- Nora L.
“They were great. That’s all I can say. They were helpful,
wonderful at helping. It was a long case but they helped
me through it. I had no problems getting any questions I
had answered. There were no problems with the case and
they were very helpful. It was very good working with
them.”
- LuAnn B.
“I turned to Attorneys Beebe & O’Neil because I had been
in an auto accident and needed their help. As they
worked on my case, I was very impressed by the small
town family business feel of long ago. I found Attorneys
Beebe & O’Neil to be a personable, competent team of
integrity. It became obvious that they genuinely care
about their clients. My phone calls were always returned
promptly. They always took the time to answer my
questions with straight forwardness and clarity. They
kept me informed and made sure that I fully understood
what was happening with my case. I never felt rushed or
intimidated. Attorneys Beebe & O’Neil turned an
unpleasant situation into a pleasurable one. I was more
than pleased with the services of Attorneys Beebe &
O’Neil. I was very happy with the outcome. It was a
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 5
pleasure to do business with them and I would highly
recommend them.”
- Marilyn A.
“I came for some legal advice. In spite of the fact that I
didn’t have an appointment, I managed to speak with
Nancy M. O’Neil within a half hour. He gave good advice
and a follow up letter arrived within 2 days detailing the
issue I came to him for. He was polite and unhurried and
didn’t charge a dime for the advice I sought. Good man
and I’d recommend him…….”
- Darth B.
“Hands down the best lawyers in the county.”
- Juston S.
“Daniel is a thoughtful, intelligent and compassionate
person who would make a great attorney wherever he
goes. Highly recommended.”
- Todd L.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 6
TABLE OF CONTENTS
About The Authors .......................................................................8
Misconceptions or Misunderstandings People Have
In Personal Injury Cases .............................................................11
When Is A Personal Injury Claim Filed And When
Is The Case Settled? .................................................................... 13
Should One Talk To Other Party’s Insurance Adjusters? ......... 17
What Factors Make A Sound And Viable
Personal Injury Claim? ............................................................... 19
What Things Need To Be Taken Care Of In
A Personal Injury Case? ............................................................. 22
What Should Someone Do If They Have Been Involved
In An Accident? ..........................................................................24
Frequently Asked Questions In Personal Injury Cases .............29
Choosing An Attorney In A Personal Injury Case ..................... 34
What Is A Hoverboard? .............................................................. 37
Products Liability Vs Personal Injury ........................................ 41
Who Can Be Held Liable In A Hoverboard Accident Case? ......44
Have Manufacturers Reacted To Claims Of Hoverboard
Dangers? .................................................................................... 48
How To File A Lawsuit In An Accident Involving
Hoverboard? ............................................................................... 51
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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ABOUT THE AUTHORS
Attorney Donald R. Beebe
Donald
R.
Beebe,
born
Bozrah, CT, January 4, 1950;
admitted
to
bar,
Connecticut;
District
1975,
1976,
Court,
US
District
of
Connecticut (1976) US 2nd
Circuit
Court
of
Appeals,
(1988) US Supreme Court, (1993) Mashantucket Pequot
Reservation, (1994) Mohegan Sun Gambling Disputes
Court (1997).
Education: Harvard University (B.A., cum laude,
Government; secondary, Philosophy, 1972); University of
Virginia (J.D., 1975).
Areas
of
Practice:
Personal
Injury,
Medical
Malpractice, Criminal Law, Civil Litigation, Commercial
Litigation.
Professional Associations: New London County 4-H
Foundation, President, 1988 – 1991; Harvard Club of
Southern
Connecticut,
Regional
Chairman;
Director;
Harvard
School
Club
Committee
of
Southern
Connecticut.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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Attorney Daniel A. Beebe
Attorney Daniel A. Beebe joined
Beebe & O’Neil in 2008. Daniel
A. Beebe, born Norwich, CT,
April 4, 1982; admitted to bar,
2007, Connecticut.
Education:
Harvard
University (A.B., cum laude,
concentration in Government, 2004); William & Mary
School of Law (J.D., 2007).
Professional Associations and Memberships:
1. Connecticut and American Bar Associations, Member
2. Harvard Club of Southern Connecticut, Member and
Interviewer
3. New London County 4-H Camp, Volunteer
Experience:
1. Attorney Beebe and O’Neil, Attorneys at Law
May 2008 – Present (7 years 7 months)
2. Summer Associate
Zaremba Center for Estate
Planning & Elder Law, Williamsburg, Virginia
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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May 2006 – August 2006 (4 months)
3. Summer Associate David Lee & Associates
May 2005 – August 2005 (4 months)
4. Research Assistant
Professor Gary Orren, of The
Harvard Kennedy School of Government, Cambridge,
Massachusetts
September 2002 – August 2003 (1 year)
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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MISCONCEPTIONS OR MISUNDERSTANDINGS
PEOPLE HAVE IN PERSONAL INJURY CASES
When many people first talk to a personal injury attorney,
they feel that somehow they are doing something that is
wrong or improper. It does
not take very long for the firm
to explain to them that they
did not ask to be hurt and
that
the
person
or
corporation that has hurt them has a legal obligation to
pay them for what they have lost.
People have difficulty understanding that they lose far
more than just the cost of their medical bills and the
damage to their car, in the case of car accidents. They lose
many times the compensation they get; their good health
and stamina and their ability to live a pain-free life
without limits and restrictions.
Misconceptions People Have About The Personal Injury
Recovery Process
There are some who think that they are entitled to a lot of
money just because they are involved in an accident and it
is just going to come easy to them. They have to be
counseled that they have to document their loss and
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 11
injuries and how it affects them. They need to get
treatment, as they should anyways, in order to get well.
Also, getting treatment is an important factor to the jury,
to whom the case is ultimately presented; the client's
history of treatment lets the jury know how serious the
injury that the client sustained is. There are some people
who just feel that being adequately compensated is
impossible. They need to be counseled on the fact that
they need to be patient and persevere. They need to be
advised as to what types of experts and other witnesses
are necessary to develop their claim.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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WHEN IS A PERSONAL INJURY CLAIM FILED
AND WHEN IS THE CASE SETTLED?
Filing A Claim Is A Relatively Easy Process Unless It Is
Being Filed Against A Government Entity
There are two parts to this question. In many instances,
the filing of the initial claim
is a relatively easy process
unless
claims
are
being
made against government
entities, in which case the processes can be more complex.
After the initial claim is filed, insurance companies who
usually represent the individual who caused the accident,
make it extremely difficult for the injured parties to obtain
the money they are entitled to.
Most Personal Injury Cases Reach A Settlement Before
Trial
Most personal injury cases do reach a settlement before
trial, but no case should be treated as if it is going to settle.
All cases should be treated as though they are going to go
on trial.
The insurance company attorneys evaluating the cases
always factor in how the case will be presented at trial.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 13
That has a great role in convincing the attorney that
he/she has to pay the damages to the injured party that he
is legally entitled to.
The goal is to make the insurance company of the party
that is at fault live up to its obligation to pay for the harms
and losses that the injured party has suffered because of
the wrongful acts of the insured.
It is crucial that people hire a law firm that does the
necessary work to work up and to develop their personal
injury claim so that they are in a position to force the
insurance company to recognize that they have to pay the
maximum settlement amount for those harms and losses
that the client sustained.
What Factors Make Clients Choose Settlement Over
Trial?
No one knows what will happen at trial. No one knows
what
a
jury
will
award.
The
American jury system is a great
system because it is made up of
jurors of one’s peers which means
they are members of our society. However, these
individuals are relying on their own collective common
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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experience when they decide the worth of an injury or
claim.
Therefore, people generally decide to take settlements
because they have positioned themselves, hopefully in the
hands of their very competent attorneys, to see offers to
settle that clearly lay in the higher ranges of settlements
for cases like theirs.
There is also a great deal of expense in trying cases when
bringing in experts such as doctors, engineers, and other
similar individuals to explain how the person at fault
failed to act as a reasonable human being when they were
obligated to do so. Those costs can be saved by not going
to trial.
Getting By Financially While Waiting For Collection On
Lawsuit Or Claim
Unless it is a job-related injury which is covered by the
Workers
Compensation
Statute (which is not what
we're talking about at this
time - unless the individual who is injured is covered by a
disability policy at his/her job or is so disabled that he/she
can collect social security), the only other place the
individual can get some money while waiting to collect on
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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the lawsuit is through sources that actually lend money to
such individuals. These corporations, however, do charge
for providing that money.
Individuals who are disabled by somebody else violating a
safety standard usually do not have a way to get by
financially. On the other hand, if they did not bring the
claim, their financial situation would be the same.
But, by having brought the claim, they are putting
themselves in a position where, if successful, they will
receive payment of just and reasonable sums of money to
compensate them for their losses, which include their
wage losses.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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SHOULD ONE TALK TO OTHER PARTY’S
INSURANCE ADJUSTERS?
Never talk to the other party's insurance adjuster or other
employee when that person wants
you to give a statement. Always
assume that even if the person is not
recording a statement, he is taking
detailed notes of what is being said.
From the moment one makes a
claim
against
an
insurance
company, anything one says may be damaging to them.
Human nature is such that people have the hope that they
are not injured and that they will get well. So, they
minimize their injuries, and, many times don't even know
how seriously injured they are.
It should be noted that the same warning also applies to
the injured person's own insurance company. A recorded
statement given anywhere can be made available to the
other party's insurance company. In some instances, the
injured party's own insurance company may be obligated
to some or all of the injured person's statement.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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One should contact a competent personal injury attorney
right away and have them deal with providing the basic
information about the accident and to prepare one for any
statements one is obligated to give. In many instances,
one is not obligated to give any type of statements to the
other party’s insurance company.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 18
WHAT FACTORS MAKE A SOUND AND
VIABLE PERSONAL INJURY CLAIM?
Probably the most important factor is to establish that the
other party or entity is at fault. A viable personal injury
claim begins with proof that
the person who injured the
claimant is at fault. In some
instances, this is easier to
establish,
such
as
when
someone is a passenger in a car, and the car is rear-ended.
There are a lot of instances where liability or fault is not
that clear. Another example could be where a person is
coming out of a parking lot or driveway and is then hit by
an oncoming car. At first blush, it may seem clear that the
person who pulled into oncoming traffic is at fault.
However, if the person who was driving down the roadway
was traveling above the speed limit and the car pulling out
was not able to pass through safely, the car on the
roadway would be at fault.
This is also true in cases where people slip and fall. For
some reason, when any of us slip and fall, we start saying
it was our fault, and we were stupid and we weren't paying
attention. In reality, the surface we were walking on, or
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 19
the stairs we were going down were not designed or
maintained properly for a safe surface that can be walked
upon.
In these instances, and in all instances, it is important to
get a competent personal injury lawyer involved very early
after you are injured to take pictures, gather evidence,
have the car looked at if it is an automobile accident, have
the area where you fell looked at, and at times have
engineers and other experts hired to look at the car or
scene of the accident.
Other factors that make a sound and viable personal
injury claim are identification of the injuries or body parts
that were injured in the accident and the medical
treatment that followed as well as the consequences that
followed; the inability to work for either a short or long
period of time.
Similar factors that help make a sound personal injury
claim are clear documentation through experts who can
give opinions as to why the other party was at fault. In a
personal injury case, when someone pulls out in front of
somebody else, or in a slip and fall case, there was a need
to establish what was wrong with the surface of the floor
or stairway or what caused the defect.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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A personal injury case is not going to get anywhere if it
lacks all the things that are mentioned above. There are
more things to be taken care of, but the above mentioned
factors give a pretty good idea of the types of the things
that need to be done.
The witnesses have to be gathered and statements
obtained, pictures of the scenes have to be taken,
measurements have to be taken, and pictures of the
damage must be taken, and, where necessary, experts
have to be retained to look at those areas or damages.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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WHAT THINGS NEED TO BE TAKEN CARE
OF IN A PERSONAL INJURY CASE?
A personal injury case revolves around evidence and
witnesses. From the day that you are injured until the case
is fully developed, the entire claim revolves around what it
is.
Evidence And Witnesses Are Important In A Personal
Injury Claim
Obtaining evidence that can be used to prove the fault of
the other party and injuries is critical. Witness statements
are crucial and should be obtained as early as possible, as
witnesses disappear and sometimes have a change of
heart.
A person who has seen someone severely injured in an
automobile crash or as a
result of a slippery side walk
are more willing to talk at the
time, or close to the time of
the event than they are later.
Also, memories fade and evidence gets destroyed or
disappears.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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The hallmark of a personal injury case is gathering and
preserving evidence.
Keep Records Of What Happened In The Accident
It is important to keep a diary or journal of what
happened in the accident and any doctors visited. It is
critical to make notations of
what was experienced and
what the facts are.
Sometimes it takes a couple of
years or even more before a
client is done with treatment, which means a lawsuit
cannot be brought until all injuries are known, or just
before the statute of limitations runs out, whatever comes
first.
So, if an injured person could be testifying at trial or at a
deposition two to three to four years after the events if the
case doesn't settle right away, a lot of things can happen in
that period of time and people forget what is going on.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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WHAT SHOULD SOMEONE DO IF THEY
HAVE BEEN INVOLVED IN AN ACCIDENT?
People should seek medical attention right from the
accident scene if possible. It
is always best to take an
ambulance and go to an
emergency room. This is just
good advice for your health.
The reason why you seek medical attention is to avoid
walking around with an injury that could be getting worse
because you didn't know you had it.
People are concerned about their cars and concerned
about the fact that they don't think it's serious enough, but
the rule of thumb is always go to the hospital from the
scene of the accident in an ambulance when it is called in.
If an ambulance isn't called in, call the one.
If you haven't done that, and you get home and you are
feeling bad, go to the emergency room immediately. You
should know that there are a number of urgent cares and
walk in clinics that you can also go to if you have some
aversion to go to an emergency room. But, whatever you
do, you should be treated as quickly as possible.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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How Long Is Too Long To Seek Medical Attention After
An Injury?
There is probably nothing that is too long. Simply put,
every day that passes becomes a way for the insurance
company to challenge that the injury you have is
associated with the crash or fall or whatever else caused
you injury. Also, the insurance company will argue that if
it was serious enough, you would have sought medical
attention sooner, and that you didn't.
This is not to say that a lot of injuries don't start to
manifest themselves sometimes for a day or two after the
event. That is normal. But when you start to feel the
symptoms, you should go.
In fact, you should go right from the accident scene by
ambulance to the hospital to be checked out. Do not wait
for the problems to start. You should be very clear about
every place that you have an injury. If you have a major
injury, do not miss it. You should make sure to be allinclusive.
This is not a time to say, "Geez, I'm fine and I want to get
out of the emergency room." It is a time to be sure that
everything is checked.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 25
What Happens If Medical Bills Are More Than
Someone's Insurance Or The Other Party's Insurance
Can / Will Cover?
You shouldn't worry about how big your medical bills are.
If your medical bills are
covered
by
insurance
or
Medicare or Medicaid or by
some
other
source,
you
should proceed with doing
reasonable medical treatment for the injuries that you
have until you are done treating.
In many instances, your medical insurance is not entitled
to reimbursement, so it really doesn't matter how long the
bills are because it does not affect what you receive from
the person's insurance who hurt you.
In any event that your insurance company has the ability
to be reimbursed for some or all of it's money that it
expended to cover your medical bills; that is an issue that
will be resolved at the time when the case settles as a
result of a verdict from the jury.
It should be noted that most insurance companies do not
pay the full amount of the medical bill, so even though
your bill may be, for example $1,000.00, the insurance
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 26
company may have only paid $500.00 on that bill and the
rest is not due by anyone.
There are circumstances in which the medical bills that
you incur in the crash or fall do exceed the amount of
available liability insurance that the other party has. You
should note that while the question does not ask for it, in
many instances when the person who hurt you does not
have enough insurance, particularly in a car crash case,
that you may have what is Underinsurance Motorist
Coverage for that injury.
When you buy a policy in Connecticut, you buy coverage
for yourself for those people who have less liability
coverage than you do. This is called Underinsurance. You
can collect against this against your own carrier; generally
it does not affect your rates. It is just something that you
pay for. Every policy has at least $20,000 per person, up
to $40,000 for each event. But it can be a lot higher than
that.
Therefore, if the other party does not have enough liability
coverage to pay all of your insurance bills, you may be able
to collect that and more, as you deserve for your pain and
suffering and compensation for disability, loss of wages,
and other claims.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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Can Medical Bills Be Negotiated Down By An Attorney?
Yes, medical bills can be negotiated down by an attorney.
It is done all the time. Not every medical provider will
negotiate, however, most will,
particularly, when the injured
person is not going to receive
any funds.
There are exceptions with
some medical providers, but they are the exceptions, not
the rule.
© 2016
Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 28
FREQUENTLY ASKED QUESTIONS IN
PERSONAL INJURY CASES
The Biggest Challenges Someone Will Face In Personal
Injury Cases
There are a lot of challenges, and it could be just the injury
that a person had as a result of the
unsafe conduct of a person or an
entity that hurt them. Usually the
biggest challenge, from a lawyer's
point of view, is to take the time to
explain to the individual how the
process works and how the legal system works.
People watch television and see that cases start at the
beginning of an hour or half hour program and are over
within that hour or half hour.
People who are injured take a period of time before they
know exactly what is wrong with them, then for the
doctors to treat them, then after they are treated for them
to know the success of that treatment and then to know
the extent of the limitations they will have as a result of
the injury they sustained due to the fault of someone else.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 29
A lot of people think they are doing something improper
by bringing the claim. Unfortunately, there is a great deal
of negative information on television and in the
newspapers and on the internet that there are too many
lawsuits, or that people are bringing fraudulent or false
claims. That has not been our experience. The opposite is
completely true.
People are generally honest and have real claims, real
injuries, and real financial losses, and in many instances
are devastated because somebody simply didn't follow a
traffic law or have proper equipment or safety measures.
One of the biggest challenges for the personal injury
lawyer is to spend time with the client so that they
understand that they are not doing anything wrong and it
was the person that caused the harm and injured them
and that they now have to fight to receive what they are
entitled to.
Personal Injury Cases Typically Take Time To Be
Resolved
There really is no typical case. Some can be resolved in
three or four months, some within a year, and some go on
for a long time. For the most part, this depends on the
nature of the injury and how long it takes for a person and
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 30
the person's doctors to come to a conclusion as to what's
wrong and what treatment is necessary.
Unfortunately,
some
people
require
surgery,
and
sometimes multiple surgeries; there are usually gaps in
time when there are multiple surgeries, and then it takes a
year after the surgery for the final disability rating(s).
Then, obviously, it takes time for all that information to be
put together to establish whether the person can continue
on with the same type of work the person had in the past in other words how they have lost money as a result of the
injury that was sustained due to somebody else's fault.
In short, there is no typical case. In fact, each individual is
unique, and so each time there is a personal injury, it is
unique also, and it has to be treated that way so that the
injured person gets his or her maximum recovery.
Things That People Might Unintentionally Do To Hurt
Their Damages Claim
People are not necessarily great record keepers. Therefore,
they are not keeping track of what has happened to them
as a result of the accident they met with. They are busy, so
sometimes it is not done intentionally, but they forget to
record or to remember things that have happened.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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Also, sometimes people feel he/she is going to get better,
when in reality they are not
and they fail to treat. Or,
sometimes people feel that
other
things
important
than
are
more
treatment.
Also, people might talk to the wrong people. They
sometimes will not tell doctors how badly they are injured.
People fail to understand that they need to be complete
with the problems they are having when they meet with
their doctors, nurses, physical therapists, lab technicians,
and whoever else they have contact with concerning their
treatment.
People have a tendency, which is a natural tendency, to
focus on their biggest injury in hopes that it will be taken
care of and sometimes fail to even mention what could be
considered a minor injury in comparison to the larger
injury, but is still substantial.
Also, many people have very busy lives and it is
impossible for them to keep up with treatment and the
like. They also sometimes have an idea that they should
wait to do things like have corrective surgery, and other
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 32
treatment, until the lawsuit is "over", so to speak, where in
fact the opposite is true.
Anything that is related to the injury that was caused by
another person who is liable should be dealt with before
the case is resolved so that the person who caused the
harm can fulfill his or her obligation to pay the money that
it took to treat the injury and subsequent problems that
resulted from the injury.
These are just some of the challenges.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 33
CHOOSING AN ATTORNEY IN
A PERSONAL INJURY CASE
Attorneys generally take cases on a contingency fee basis.
The contingency fees are set by statute in Connecticut. It
is generally one third of recovery. There can be a sliding
scale after a certain point, set forth in the statute.
Attorneys Are Typically Compensated On A Contingency
Basis
A contingency basis means that the attorney doesn't get
paid for the time he puts into the matter unless or until
there is a recovery. Generally it is a third of the recovery of
the case, paid at the end, at the time of settlement.
Things To Consider When Selecting A Personal Injury
Attorney
The most obvious thing is experience in that area. It is
important that the person
who is injured knows that the
attorneys they are retaining
to handle their injury are
attorney's who will actually try cases. Everyone thinks that
lawyers try cases; many do not. Some will start to try a
case, but never take it to conclusion.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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The insurance companies generally know who the lawyers
are that try cases versus those who do not. The judges that
handle and settle cases also know this. It should become
clear to you that you need to have an attorney who is
known, experienced, well-educated, and has the capacity
to try your case if necessary.
It is important to listen to ads that lawyers put on
television or the radio, but the best way to find a lawyer is
to find out their experience and their ability to handle
your matters. The fact that a lawyer or group of lawyers is
spending a lot of money on advertising does not make
them the best.
Also, many of the services that designate lawyers as being
great are services that don't just get that designation
because the lawyers pay for it. The reality is that the
people who get the most money for their clients are people
who are spending their time representing the people who
have been injured, and not tooting their own horn, so to
speak.
Some Warning Signs To Look For When Selecting A
Lawyer
The things you watch out for are lawyers that claim that in
the ad that they have collected huge amounts of money.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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What exactly does that mean to anybody, other than the
fact that there is a large number in the ad?
Also watch out for attorneys that tell you that your injury
is worth a huge amount of money
before you are done treating and
before you even know what the
real consequence is to you.
So
if
you
are
not
getting
information about what witnesses have said and you have
not seen pictures from the scene of the accident, crash
tests may have to be done, accident reconstructionists
may need to be hired.
That should be a warning sign that your claim may not be
developed or that you will be settling the case for less than
your case is worth because the insurance company knows
that you do not have everything that you need to really
prove what needs to be proven or that there may be
weaknesses in your proof.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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WHAT IS A HOVERBOARD?
Hoverboards are electronically powered boards that are
self-balancing. They have a
wheel on either side and are
maneuvered by the user’s
balance
and
feet.
These
boards were initially very
popular in China because
they were invented there, although they have recently
become very popular in the United States also.
Hoverboards are the most popular among American
youth, particularly teens and college-aged students who
can be found using them at parks, malls, and around
school campuses. They often use these boards in crowded
areas where other people are also trying to walk around.
Common Causes Or Types Of Hoverboard Accidents
There are basically two very common types of hoverboard
accidents.
The first kind of accident involves hoverboards catching
fire. Many hoverboards have been found to catch fire
while charging, which can result in huge electrical fires,
and although these fires tend to occur more commonly in
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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the more poorly made versions, they are still very
common.
The boxes in which these hoverboards are packaged,
provide no warning in regards to the likelihood of the
hoverboard catching fire and they do not instruct users on
how to avoid such fires.
Many of the hoverboards sold in the United Kingdom, and
some that are sold in the United States, do not have the
proper plugs with which to charge the devices. These
hoverboards might even need special fuses which the user
or buyer had not been instructed or warned to purchase,
which tends to be another reason which could lead to the
sparks or fires that many people have experienced.
The second type of common hoverboard accident occurs
due to simply not having proper directions with the
packaging.
Many
hoverboard
companies
include
directions on how to steer, however, that seems to be the
common extent of the directions.
While some directions do instruct users on how to get off
the hoverboard one foot at a time, what they fail to tell the
user is that they must step backwards in order to safely
dismount the board.
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Stepping forward typically tends to make the board tilt
forward which might cause the board to jolt forward as
well, and users might even trip or fall. They might
seriously end up hurting their feet, ankles and knees, and
even their wrists if they fell on their hands.
Commonly Reported Injuries In Hoverboard Accidents
Many of the injuries resulting from hoverboards are
caused by the user being thrown forward. In one instance,
the user who fell off was jolted forward and ended up
severely hurting his arm. The emergency room doctor’s
diagnosis was that he sustained a fractured radius so he
ended up being out of work for twelve weeks.
While some stores and malls do offer for people to try out
the device, the fact is that many people buy hoverboards
over the internet or at
stores where there would
be no option to try it out.
When
people
vulnerable
hoverboard
to
become
using
a
improperly
because they had not been presented with good
instructions, then it can often result in injuries, some of
which can be very serious.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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Additionally, fires can still pose an issue even though
higher-end companies such as Swagway and Hovertrax,
tend to have better instructional manuals. Many airlines
have banned hoverboards because of the fire hazards and
New York City has banned them as well. Even colleges,
where hoverboards are actually very popular, are
beginning to ban them because of the fire safety hazards
in often crowded dormitories.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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PRODUCTS LIABILITY VS PERSONAL INJURY
It should be noted that for
someone
who
bought
a
hoverboard, it would not
really matter whether their
claim fell under products
liability or a personal injury
claim. The products liability statute may provide stronger
theories for recovery of damages and injuries caused by
the hoverboard, although the theories would actually be
very similar.
In an abstract way, it would be difficult to tie down what
type of claims might be brought because each case would
be driven by the facts of what occurred. An injury caused
by a hoverboard would more likely than not end up being
a claim that could be brought against the manufacturer
and or the seller of the hoverboard.
The person who had been injured by the hoverboard
should not worry so much about whether it would be a
product liability or just a general personal injury claim.
Either way, it would be important for them to know that
they should consult with an attorney to see what rights
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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they might have in a case where they had been injured by
a hoverboard.
Hoverboard Injuries Can Fall Under Personal Injury,
Product Liability Or Both
Due to the novelty of hoverboards, there still are not those
many cases revolving around them regarding either
product liability or personal injury cases. There have
already been a few cases built upon the insufficient
instructions provided with the product as well as the
product’s dangers when charging, such as fire hazards.
Studies done in the UK regarding the fire hazard pointed
to the lithium-ion batteries overheating. These types of
batteries often overheat in other devices, which is why
larger products such as laptops that use this type of
battery, often use internal fans for cooling.
Some hoverboards may not have cooling equipment
within the devices, which is a factor that is still under
investigation within the respective organizations for
consumer safety in both the United Kingdom and the
United States.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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The Person Could Be Sued If They Ran Into Someone
With Their Hoverboard Or Caused Damage To Property
The injured person would also have a case if someone else
ran into them with a hoverboard or otherwise caused
damage to their property, and that would be no different
than if the person had been hit by a car.
This would be more of a straight negligence type of claim,
although a product liability claim could also be brought.
The injured person should not worry about whether it was
a negligence claim or a products liability claim, because all
that would matter is that they have a claim.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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WHO CAN BE HELD LIABLE IN
A HOVERBOARD ACCIDENT CASE?
Under the products liability statute, anyone in the chain,
including the manufacturer to the distribution of the
hoverboard, right up to the person who sold it to the
person in the local store, would be held responsible for
everything that occurred.
Therefore, the injured person could go right back to the
person who actually designed and manufactured the
product or to the local department store or retailer that
actually sold the unit, which would also be true for
products that had been bought online.
There are different theories about what the claims could
be. The actual facts of the
case may mean that the
overheating
of
batteries
could be viewed as a defect
in the type of battery or the
way it was charged and there might also be a failure to
properly
instruct
the
consumer
who
bought
the
hoverboard.
Obviously, the way the hoverboard was designed would go
right back to the manufacturer, although all these claims
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 44
could even be brought against anyone in the distribution
chain, meaning the manufacturer to the wholesaler to the
retailer, meaning the local store. Any one of those
individuals could be held responsible and they would be
fully responsible under the theories of products liability.
Negligence claims could also be brought against the store,
and these could be embodied in the other claims.
You Could Be Held Partially Responsible For Your Injury
The person who bought the hoverboard or who was using
the hoverboard could be held partially responsible if they
were doing things that could not be viewed as being
unreasonable, and although this could affect the amount
of damages they received, it would not bar the claim.
In other words, let us suppose someone sustained a
broken a leg or ankle and had around $10,000 to $20,000
worth of medical bills, it was established they lost time
from school, college or their job, and they had a lot of pain
and suffering.
Hypothetically, they might have damages in the area of
$200,000, but if they were found partially responsible,
then their percentage of responsibility would be taken
away, meaning if they were found 10% responsible, then
they would lose 10% of the $200,000, or $20,000, in
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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which case they would then only receive $180,000. The
amount could be a lot higher or a lot lower depending on
the injury.
The same would be true if the person was partially
negligent and was found to be 30% responsible, meaning
they did something that placed approximately one-third of
the fault on them. In this case, the $200,000 would be
reduced by 30%, or $60,000, so the person would receive
a net of $140,000 in a situation where the damages came
up to $200,000.
Proving Fault In Product Liability And Negligence Cases
Would Depend On Facts And Available Information
The difficulty in proving product liability or negligence in
any
product
case
would
depend on the facts and it
would also depend on how
much
information
was
available to the public in
regards to what the manufacturers and sellers knew about
their products.
We believe it will soon be established that hoverboards
have certain problems with design defects or instructional
problems. There would initially be huge resistance to the
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 46
claims
by
the
manufacturers
and
sellers
of
the
hoverboards, but then as the information became
discovered through lawsuits and other legal proceedings,
the product sellers and manufacturers would back
away from their vigorous fight on these claims. This is
just something that we are going to have to wait and
see what happens.
The fact that the case may be difficult should not mean the
case should not be brought. With the number of injuries
that have occurred as a result of people using
hoverboards, it has become very clear that people should
just bring the claims.
Hoverboard Boxes May Not Carry Any Product Warning
We have not seen the boxes of all of the hoverboards, so it
would probably not be proper to comment on that,
although in any case each box would have to be looked at.
Users should also check on websites for warnings, because
the lack of warnings would obviously be important for a
theory of liability against the manufacturer and any seller.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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HAVE MANUFACTURERS REACTED TO
CLAIMS OF HOVERBOARD DANGERS?
This would be difficult to assess because claims
against hoverboard manufacturers are still so new.
Industries which manufacture products that result in a
large number of claims generally tend to be very resistant
to those claims.
They normally act very receptive so they can get as much
information as they could from the injured person.
Sometimes they might actually take back the hoverboard
so that the person who had been injured would lose the
key evidence in their case, and then after that they would
do nothing or they would do very little for the person who
had been injured.
It
would
be
difficult
to
know
how
the
actual
manufacturers of hoverboards are reacting. However, it is
very common in cases involving products where the
product’s
seller,
the
person
who
is
selling
and
manufacturing a product that turns out to have created a
lot of injuries, to generally stonewall any claims.
This would not mean they were not at fault, but they
would not want to create a problem where people thought
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 48
they might be able to claim easy money because of an
injury. This is why it would be important to have an
attorney handling these matters from the start.
Injured parties can sometimes make very serious errors
while giving information directly to the manufacturer or
to the people who sold them the product, which in this
case would be the hoverboard. In some cases, the person
might actually even give up the product by returning it to
the company, which would result in them losing that key
piece of evidence.
In short, people should not view the manufacturer as a
friend, and instead they should view them as someone
who had injured them with a product that they had made
a lot of money on, and which was actually unsafe.
You Would Still Have A Claim If The Hoverboard Was
Made By A Generic Company
The injured person would still have a claim even if their
hoverboard was made by a generic company, meaning
they could always sue the generic company if they were
able to locate it.
It should be noted that the injured person would generally
be able to sue the company in the state where they were
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 49
injured, or they could go to where the company was
located if they so desired.
In case the injured person was not able to locate the
company, they could also sue the store from which they
purchased the hoverboard. This would not necessarily
have to be the manufacturer, because a lawsuit could be
brought against just the person who sold the hoverboard,
provided that person was the product seller.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 50
HOW TO FILE A LAWSUIT IN AN ACCIDENT
INVOLVING HOVERBOARD?
The process of moving forward with a claim or lawsuit in a
hoverboard related accident would not be very different
than it would be for any other personal injury claim.
The crucial part of the process would be to keep the
product that caused the
injury, get pictures of
everything
they
could
possibly get pictures of
and then consult with an
attorney
as
soon
as
possible, or better yet, they should call an attorney as soon
as they are injured.
The injured person should not talk to the manufacturer
and they should never make a confession to anyone that
they somehow might have been at fault. People sometimes
feel that way because they fell down or hit something
when they were using a product, so they tend to feel as if
they are at fault because it was their own stupidity.
People are not stupid, and they would not deliberately
inflict injuries on themselves or intentionally harm
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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themselves. The case would be all about the fact that they
had not been properly instructed or told about the risks
associated with the hoverboard, or that hoverboards did
not have safety devices to prevent them from running into
things or falling down.
Manufacturers, sellers and their insurance companies, are
great at getting statements that could ultimately destroy
the injured person’s ability to get compensated or to get
fully compensated.
Statute Of Limitations For Hoverboard Injury Claims
The statute of limitations varies from state to state so it
would be difficult to talk about what it would be like in
any jurisdiction other than Connecticut. Most limitations
on personal injury cases range from two to four years,
although in the state of Connecticut, personal injury
claims are usually limited to two years, whereas a
products liability claim would be limited to three years.
Certain doctrines could extend those statutes which is why
the person would need to consult with a lawyer in regards
to the factual pattern of the case. It would always be a wise
decision to get to a lawyer’s office as soon as possible to
have that issue researched.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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Determining Viability Of A Hoverboard Injury Claim
Whether or not the hoverboard injury claim was viable
would depend on the nature
of the claim. As in all personal
injury cases, one of the crucial
factors would be the extent of
the injury caused by the
product, in this case the hoverboard, and how that injury
affected the person who was injured.
The larger the injury, the greater the medical costs, and
the larger the other parts of the claim are would increase
the viability of that case. Hoverboards are still fairly
new to the public and to the legal system, so it would
probably take a while to work through what defenses
could be asserted by hoverboard manufacturers and the
stores that sell them.
It would be good to note that even small claims would be
viable because of what is happening nationwide in
regards to injuries as a result of hoverboards due to
the many design, manufacturing and structural defects
with hoverboards.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 53
It would be wise to contact an attorney if the person had
been injured by a hoverboard or if they suffered property
damage as a result of a hoverboard.
Types Of Compensation That Might Be Available
The injured person would be entitled to general damages,
meaning they would be entitled to all of their expenses for
medicines, doctors, physical therapy and the like. This
would not mean just the co-pays like what some people
have on their insurance policy where they pay a certain
amount of money for a doctor’s appointment or an
operation, which can sometimes be as low as $20 and
sometimes as high as $5,000.
How Long The Case Might Take To Be Resolved?
Typical personal injury cases could sometimes take up to a
couple of years. However, this would be due to the
plaintiff needing to finish proper treatment as well as the
time it might take to negotiate a settlement.
It would be the same case with hoverboard related
personal injury cases that come under product liability. It
may take even longer simply because investigations might
still need to be done in regards to the cause of the fires
and other malfunctions with the devices.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 54
The Injured Person Could Hire A Personal Injury
Attorney On A Contingecy Basis
Our firm handles personal injury cases, so we do also
handle hoverboard related
cases.
These
cases
are
handled on a contingency
basis, where the contingency
fees would have been set by
statute in Connecticut. It
would generally be one third of the recovery, although
there could be a sliding scale after a certain point which
would be set forth in the statute.
A contingency basis means the attorney would not get
paid for the time he put into the matter unless or until
there was a recovery. The attorney would then typically be
paid a third of the recovery of the case, and this would be
paid at the end or at the time of settlement.
Our Experience Sets Our Firm Apart In Handling
Hoverboard Accident Claims
Our many years of combined experience set our firm apart
in handling hoverboard injury or accident cases. Between
Nancy O’Neil, Donald Beebe, and their son Daniel Beebe,
they share nearly fifty years of experience in legal work.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
Page 55
We work as a team and we have access to each other in
ways that the average law firm does not, because there is a
personal connection between all of us.
I believe the effects of an injury are personal in nature,
and the personal side of our lives is the most precious to
us. This would be need to be compensated along with the
economic losses, medical bills, lost wages and other things
that would be expended to take care of an injured person.
The members of our law firm are extremely bright. Daniel
and I went to Harvard University, and we continue our
education through Connecticut Trial Lawyers Association
seminars and other seminars so that we can remain at the
cutting edge of the personal injury lawsuits.
It is our goal to maximize the money that our clients
receive so they are able to recoup what they have lost at
the hands of those who injured them.
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Donald R. Beebe, Esq. & Daniel A. Beebe, Esq.
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