Car Accident Injury Claims Revisited

3/7/20129:37:13 PM Link 0 comments | Add comment

accident, Accident Injury, car accident, claim, injury claim, insurance claim, Personal Injury, Personal Injury Lawyer

If you are injured in a car accident, semi truck accident, or some other type of serious accident; your injury claim will begin with the at-fault person’s insurance company.  In general, you or your attorney will file a claim with the insurance company (or companies) providing coverage for the person (or persons) you are claiming caused your injuries.  Often times other claims will be filed as well, including a claim with your own insurance carrier (see previous posts involving medical payment, uninsured motorist and underinsured motorist coverage).

It is your attorney’s job to keep the insurance companies up to date as to the status of your injuries and the nature of your treatment.  In the meantime, it is your job to listen to your doctors and medical treatment providers and to do everything possible to get yourself better.  In most cases your attorney will not (should not) begin to negotiate your injury claim until you are either better or have reached maximum medical improvement (i.e. you’re as good as you’re going to get). 

During your treatment and after your release from care, your attorney will be gathering all documentation relevant to your injury claim (medical records, bills, lost wage documentation, photographs, etc.).  You and your injury lawyer will then discuss the strengths and weaknesses of your claim, any outstanding liens or subrogation interests, as well as expectations regarding settlement.  Then you will submit a demand for payment to the opposing party (typically through their insurance company).  You have now begun the negotiation process.  If you can reach settlement with the insurance company, congratulations, your case is over unless you have additional claims still pending.  Your attorney will prepare the proper settlement documents; finalize agreements for payment with any health care providers and/or health insurance companies; and then you will be good to go.  If, on the other hand, you are unable to settle your accident injury claim, your lawyer will file a lawsuit on your behalf.

The injury lawsuit is your leverage during negotiations with the insurance company.  Without the threat of a lawsuit, you have no leverage when negotiating your injury claim.  With the exception of situations involving a breach of contract claim or bankruptcy, injury lawsuits typically involve suing the person who committed the negligent act which caused your injuries.  In other words, if Bill Johnson runs a red light and t-bones your car, you sue Bill Johnson, not State Farm orGEICO or whoever the insurance company is that represents Bill Johnson.

Almost all lawyers who practice in the area of personal injury and handle injury claims on a regular basis operate on a contingency fee.  A contingency fee is a fee that is dependent on your recovery, and is usually figured based on a percentage of your total recovery.  If you get zero, then your lawyer gets zero; if you get a lot, your attorney will most likely get a lot.  Contingency fees exist for many reasons, but two of the most important are to give people access to the judicial system who could not otherwise afford it and to keep client and attorney interests aligned.

Injury claims can be extremely frustrating.  Recovering from a serious injury such as a back injury, brain injury or joint repair is time consuming and requires extrme patience and hard work.  Make sure you sit down and discuss all aspects of your case with your lawyer at the very beginning so you have some idea as to what you should expect in the six to twelve months immediately following your injury claim being opened.  Injury claims can take either months or years to resolve.  Cases in litigation can last even longer, especially when appeals are involved.  It helps to know what to expect from the very beginning, and it is important to be on the same page as the attorney who is representing your interests.

Injured in a Car Accident. Who actually pays for everything?

9/2/201112:45:54 PM Link 0 comments | Add comment

accident, Accident Injury, car accident, claim, injury claim, insurance claim, Personal Injury, Personal Injury Lawyer

Most people know insurance is involved after they are injured in a car accident, and we have discussed before the different types of insurance that may be applicable when dealing with an auto injury claim.  But often times people are still confused as to what happens to the person who caused the accident.  The reality is that unless the individual that caused the accident is facing serious criminal charges separate from the civil action such as DUI or motorvehicle homicide, they usually do not have much to do with the injury case at all unless and until the matter goes to trial.  

There are a few situations where if a person is seriously injured, and the person who caused the accident is extremely underinsured (i.e. someone such as Warren Buffet is driving a car with only $50,000 in insurance coverage when he himself is worth billions - obviously, this is for purposes of illustration only as someone like Warren Buffet would likely have plenty of insurance coverage and Berkshire Hathaway owns GEICO) then the injured party and his or her accident injury attorney will pursue the at-fault party over and above the insurance coverage that is available.  However, most injury claims do not fall into this category.  In most injury claims there is either plenty of insurance to cover the injured person's injuries; or, if there is not enough insurance money, the person who caused the accident is not worth pursuing because they don't have any money or assets over and above the coverage that is available.

Now, this can be confusing because your injury claim is still against the person who caused the accident.  In most situations you cannot sue the insurance company directly for injuries caused by their insured.  Rather you sue the person who was negligent and caused the accident, and the insurance company is the one who foots the bill (up to the amount of coverage contracted for by the negligent party).  This is why you often times see families and close friends suing each other.  A common example of this is two cousins riding together in a car.  If the cousin driving the car is negligent and drives into a tree, and as a result the other cousin is injured, often times the injured cousin and his/her family will sue the kid driving the car (i.e. someone's niece ot nephew).  The reason for this is typically not that the injured party wants to bankrupt their niece or nephew, but rather that pursuing the niece or nephew is the only way to gain access to the insurance money to help pay for medical bills and other damages that were sustained.

The bottom line is that in most accident injury cases verdicts and settlements are paid by insurance companies, not out of the pocket of the negligent person who caused the accident.

Car Accident Injury Top 5 Questions & Answers

8/14/20112:09:09 PM Link 0 comments | Add comment

accident, Accident Injury, Auto, car accident, injury, injury claim, insurance, insurance claim, Personal Injury, Personal Injury Lawyer

1) Q - What should I do if I am injured in a car accident?

     A - Go to a doctor.  If you sustained serious injuries in an accident, the first thing you need to do is get checked out by a licensed physician to make sure you are okay.

2) Q - Who will pay for my doctors' bills?

     A - Insurance.  The whole answer is significantly more complicated; however, insurance will pay for your bills if it exists.  If you have health insurance, submit your bills to your health insurance carrier as you typically would after going to the doctor any other time in your life.  You should also check to see if there is any medical payment coverage available through your own auto insurance carrier.  Often times, persons injured in car accidents are reluctant to give out their health insurance information because they think the at-fault party should be responsible for their bills.  They are correct that the at-fault party is financially responsible; however, you do not want to miss out on contractual reductions in your medical bills or have your medical bills end up in collections while you are waiting to settle your claim or go to trial.  Your health insurance carrier can always place a lien in your injury case file for any bills they pay out on your behalf for treatment of injuries sustained in the accident.

3) Q - Should I open a claim with my own auto insurance company even if the accident was not my fault?

     A - Yes.  First, most car insurance contracts require you to notify your company after you have been involved in a car accident.  Second, you may have coverage with your own insurance company that you can use to help pay medical bills or receive additional money for pain and suffering should the person that caused your accident not have insurance or be underinsured.

4) Q - I was injured while driving my friend's car.  Which insurance company should I notify?

      A - When in doubt, ALL of them.  The person's insurance who caused the accident is the "at-fault" carrier and will be responsible for compensating you for medical bills, lost wages, pain & suffering, inconvenience, etc.  Your friend's car insurance coverage follow's the car and will provide insurance coverage if the at-fault party is uninsured or underinsured and may also provide medical payment coverage.  Your own car insurance will provide potential uninsured or underinsured coverage, as well as medical payment coverage if you have contracted for it.

5) Q - Should I hire an attorney to represent me in my accident injury claim?

     A - Maybe.  Whether you need legal representation for your injury claim depends highly on the circumstances surrounding your accident and the nature of your injury.  If you suffered very minor injuries, and you are positive that you have fully recovered, then hiring an injury lawyer may be unnecessary.  However, if you sustained serious injuries in your accident and/or liability or causation is at issue, you will definitely want to retain counsel to represent you in your injury claim.  Regardless, most injury lawyers offer a free consultation, so it is always a good idea to speak with an injury attorney in your city before settling your claim with the insurance company.