breaking news What to Do If You Have Been Injured
When you have been injured, it is important to understand that you may not know the immediate problems, or the ongoing long term problems that can result from your accident. If you are able, try to get the names and phone numbers of any witnesses of your accident.
What to Do If You Have Been Injured
After you have left the scene, here are some of the important steps: The first thing you need to do, is take no operation other than to file a claim with your insurance business (in the case of an auto accident). This will at least start the process for preparing of the claim with the insurance business of the party that injured you.
Most attorneys prefer that you meet with them and retain their services before you file a claim with the insurance business of the party that injured you. This is because the manner in which the primary claim is filed can have impact on the eventual community received.
Once a claim is filed, you will be contacted by an insurance adjustor for the other company. It is similar to the "Miranda rights" in criminal law when they call.
Anything can and will be used against you.
The insurance Adjusters job is to rule your claim for the least amount possible. Many times they will position themselves that "I'm just trying to help you get this settled", or "I'm trying to move this case along and get you some money". Don't believe it. In most situations, they want you to rule for the least amount possible, and the community is irrevocable. Time and again, people rule for getting their cars repaired, and some compensation for lost time from work, mental they are getting a "fair" deal. You have to understand that you actually don't know the extent of your injuries or what long term result this will have on your life. There are countless examples of people settling their cases, only to have the problems from the injury come back later with No Recourse.
Evaluation of your injury, and the potential long term effects of that injury are part of the work that a competent attorney will do for you.
Be particular of what paperwork you sign. Many claims forms consist of language that allows the insurance business to go into your past medical records, employment history, criminal records, and prestige records. The will dig up any and all information from your past to try and discredit your case. If your injury case goes to trial, or arbitration, they will do everything in their power to try and make you look like some kind of criminal, or "nut case" just because you are seeking compensation for the injuries caused by Their Client!! Yes, it sounds absurd, but that is how it works.
Do not engage in a conversation that is being recorded by the insurance company. If that is the only way you can chronicle with the adjuster on your case, then request a copy of the conversation within 5 days. Great yet, have the conversation in your Attorneys office so that they can listen and give advice.
Once again, even if you are hurting financially, you must not rush to rule a claim. If you are in need, the insurance business will take advantage of your situation and offer quick cash community that may not be in your best interest.
How do I pay an attorney? Most Personal Injury Lawyers do not wish any type of cost from you when it is a personal injury situation. They only receive cost when a community claim has been paid to the attorney trust account. The attorney is then allowed to claim for clear expenses, and generally an over-all division of the community amount. A typical fee is 33% of the community proceeds. You do not have to write out a check to retain an attorney on a personal injury claim. The law firm generally advances all costs and expenses that are needful to handle your claim.
What if my attorney says I have to use clear doctors? Our suggestion is that you try to apply your own insurance and your own doctors when working with an attorney on your claim.
However, clear Hmo type plans may not always give you the specialized type of treatment within their network of Doctors and Hospitals. This does not apply if you do not have insurance at the time of the accident.
Doctors recommended by attorneys sometimes payment higher amounts, by over-billing services and treatments, knowing that the bills will be paid by the insurance business eventually. The question with this type of cost structure is that when you use a doctor for a claim, you will have to sign a medical Lien. A medical lien allows the doctor to submit his/her bills to the attorney for reimbursement from the trust fund. Generally, their claims get paid before you receive the money from the settlement. The remainder of money left after the attorney is paid, and the doctors are paid, is what you receive as a "net settlement". The question with a medical lien is that you are personally responsible for the cost of the doctor bills if for any infer your case does not reach settlement. In summary, try to stay within your own doctor network as much as possible. Even though it doesn't seem like you are paying for these doctor services because of a signed medical lien, you are. Every dollar paid out to the doctor is one less dollar paid to you.
What builds a good case? Documentation, Documentation, And Documentation
From the day of the accident, or as soon as you are physically able, you need to start a journal of your daily life. You need to list any phone conversations you had by date, time, and what you discussed regarding your case. You need to article anything that you are having to do differently. Example:
"I tried to put on my pants this morning, but I could not reach down to pull my pants up. The pain was in my lower back area, just south of my waist". Date / time
"I had to get up and walk around at work because my back beginning hurting. I tried some stretching exercises, but it didn't help. Had to go home from work. Date time I tried to fix dinner for my family. When I reached for the cooking oil over the stove I got a severe pain down my arm and into my back. I had to ask my son to get it for me." Date / time
Financial Documentation: You must keep a record, and keep receipts for everything that you have paid out to have this injury treated. Things like, mileage to the doctors office and back. Time off of work to attend treatment sessions. You may have to hire people to do work around the house that you normally would do yourself. This could consist of things like gardening, house cleaning, washing the car, hiring someone to take your kids to activities, child care for your house while you are going to a doctor visit, etc. Etc. anything that you have to pay out because of this accident, you are entitled to receive reimbursement on.
What about my car? The first thing to understand is that the insurance business will want to pay you a flat rental fee for your use. This may, or may not give you the same type of car that you currently operate. If you are driving an Escalade, and it will be in the shop for a month, the insurance business should rent you an Escalade, not a Hyundai.
If your car is totaled, don't accept the primary offer of the insurance business adjuster. As a rule of thumb, it will be at the lower end of the spectrum of your make and model of car. You should find cars similar to yours, generally within a 100 mile radius of your home that sell for the highest amounts. A fair estimation and community typically is two of the higher cars for sale, and one that is a lower amount. The mean of the 3 cars will build your case for settlement.
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