What is
the most important thing for me to do after my injury?
Simply put: Recover. The law requires
injured people to do everything necessary to improve your
physical condition and recover from your injury.
For you, this likely means some –
if not all – of the following steps:
• Do not miss an appointment with your doctor: Stay
in touch with your doctor and be certain to make all of your
appointments. If you have to cancel, give as much notice as
possible. Because the words “No Show” in your
doctor’s records can – and will – be used
against you in a settlement or trial.
• Attend physical therapy sessions as prescribed: For
strains, sprains, and other “soft tissue” injuries,
physical therapy often is prescribed by doctors or hospitals.
So if physical therapy is prescribed, make sure to go, and
to participate actively in the process.
• Do what your doctor says: Whether it’s taking
your medication, attending your physical therapy, or limiting
your activities, follow your doctor’s orders. Failure
to do so also can be used against you in a settlement or trial.
• Follow your doctor’s advice when it comes to
work and leisure: If your doctor advises you to stay home
from work and rest, do so. Ignoring your doctor’s advice
here not only could affect your recovery, but it could hurt
your legal case. Even if staying out of work has a financial
impact, remember that it is more important for you to heal,
and that your attorney will attempt to recover lost wages.
How do I pay
a lawyer in a personal injury case?
In almost all personal injury cases,
your attorney will be paid by keeping a percentage of your
final settlement or court award. The percentage will be discussed
with you, and will be the subject of a written contract. Most
CONTINGENT FEE AGREEMENTS provide that you do not have to
pay your lawyer for his or her services unless, and until,
you receive a settlement or win in court.
You likely will, however, be responsible
for out-of-pocket costs, in addition to the attorneys’
fees, even if the case is not settled or won.
What other
fees are involved?
Often, there are out-of-pocket expenses
in your case that aren’t covered by the contingency
fee. Some of these expenses include the following:
• Fees that doctors and hospitals charge for medical
reports: Medical reports often cost anywhere from a few dollars
for copies to $100 or more for reports that have to be written
or prepared specifically for your case.
• Photocopy charges: Insurance companies require significant
numbers of copies of medical bills, medical reports, police
reports, witness statements, and lost income information.
Your law firm has to pay for these photocopies, and usually
will charge you a certain amount for each page of copy.
• Long distance telephone calls: If long distance telephone
calls are required, you will probably have to reimburse your
attorney for the actual cost of each call.
• Costs of photographs: Photographs are extremely important
for personal injury cases. So if your attorney incurs expenses
in obtaining photos or enlarging existing photos, you will
be responsible for such costs.
• Reports of experts: Reports from experts, other than
your physician, may be required in your case. If so, you will
have to pay the costs that such experts charge for their reports.
• Litigation costs: If your case has to proceed to court,
there will be costs incurred as a result of filing the lawsuit.
You will be responsible for these costs.
How much is
my case worth?
It is almost impossible to predict
the value of a case until all of the information has been
collected, and you have recovered or almost recovered from
your injury.
Among the factors that will determine
the value of your case are:
• The actual amount you paid for all of your medical
bills.
• How such medical bills were incurred. Were they diagnostic
tests, treatments, physical therapy, hospital stays, prescription
medications, over-the-counter medications, chiropractic care,
or other treatments?
• How much income and other employment benefits were
lost as a result of your injury. This would include lost pay,
sick leave used, vacation time used, loss of benefits, and
other losses resulting from your injury.
• The actual extent of your injury, and how such injury
has affected your daily life. This includes limitations of
household activities, sports and leisure activities, and effects
on your social life.
• Whether or not any aspect of your injuries is permanent.
That includes disfigurements, such as scars, blemishes, and
other disfiguring characteristics.
• Whether any of your injuries required hospitalization.
• Factors such as pain, suffering, inconvenience, and
the effect of the injuries on your relationships.
• The quality of your witnesses, including those who
will testify about the incident, your injuries, and your medical
treatment.
• The extent of liability on the part of the potential
defendant.
• Whether there is any evidence you were partially at
fault for your injuries.
• The status of the law as it relates to your case.
• Which insurance company is involved in the case
How long will
it take to settle my case?
In most cases, the amount of time
it takes from the first claim to the final settlement can
be several weeks to a few months – and sometimes longer.
In smaller, clear-cut liability cases,
the process can be completed in a month or two. But every
case is different, and your lawyer will advise you about his
opinion on the amount of time it will probably take to settle
your case.
Below are some of the factors that will
play into this:
• How many files the insurance adjuster is handling
• How well-documented the claim has been during the
preparation period
• Whether or not liability is clear on the part of the
insurance company’s client
• Whether or not there is any comparative negligence
on your part
• Whether or not there are any other parties that may
be responsible for your injuries
• The internal claims process of the particular insurance
company, including the number of supervisors required to approve
the adjuster’s settlement offer
• How reasonable your lawyer’s demand figure is
• The time of year – some months are better for
settlement than others
• The state of the economy as it related to the insurance
claims process
Will my case
go to court?
There are several factors that could
keep your case from settling – and thus send it into
a courtroom.
• The insurance company believes that you and your lawyer
have asked for more money than they are willing to voluntarily
pay for the claim.
• There is dispute over who is at fault for the injury,
or the insurance company believes you and/or some other party
bear responsibility for your injuries.
• The insurance company, because of internal reasons
or company policy, resists payment of your claim and is forcing
claimants to go through the trouble of a lawsuit.
• The insurance company I stalling for time, hoping
that you and your lawyer will reduce your value of the claim.
• The insurance company does not believe that you were
injured, or that you were injured as badly as you claim. Therefore,
the company is requiring that you pursue a lawsuit to prove
your injuries.
How do I
pay my medical bills while the case is ongoing?
There are several ways your medical bills may get paid while
your case is ongoing. Your lawyer will discuss this with you
in detail, but here are a few possibilities:
• Your own health insurance, from your employment benefit
package
• Your own health insurance that you have purchased
personally
• Health insurance obtained by your spouse for your
benefit, or by your parents if you are underage and living
with your parents
• Medical payments insurance coverage from your own
automobile policy, if you were driving your automobile and
were involved in an automobile collision
• Medical payments insurance coverage from the person
you were riding with, if you were a passenger in an automobile
that has automobile insurance coverage
• Your own personal funds, if you were not insured and
are able to pay medical bills as they are incurred
• Worker compensation insurance if your injury occurred
while you were working on the job and the injury occurred
as the result of employment
• The liability insurance coverage for the person, persons,
or company who caused your injuries. This is unlikely, though,
while the case is pending; such insurance coverage will most
likely be paid at the time of settlement, rather than during
the period that you incur such medical bills.
If none of these coverages apply to you,
your bills will be saved by you and your lawyer, and will
be paid at a later date, when and if your case settles.
Will the doctors
wait for payment?
In most cases where there is no immediate
method to pay medical bills as they happen, many doctors and
hospitals will wait until the case’s resolution for
payment. But it is important to let medical providers know
early in the process if you have no insurance or financial
means to pay medical bills as they are incurred.
Why won’t
the insurance company for the person who caused my injury
automatically pay my bills?
There are many reasons why insurance
companies won’t automatically make these payments. One
is that they don’t want to spend a significant amount
of money on medical bills and then be faced with the chance
of defending a lawsuit for even more money. Another is that
most insurance companies would prefer to settle the case with
one lump payout – thus, they will wait for the letter
of demand from your attorney, and handle the situation from
there.
How can I
help my lawyer with the case?
The most important thing you can
do for your case is to provide documentation of your medical
bills, expenses, and loss of income from your employment.
But there are a few other things you can do to help your lawyer
with the case:
• Return all phone calls from your lawyer promptly
• Read all correspondence from your lawyer
• Answer all questions posed by your attorney fully
and candidly
• Keep all appointments with medical facilities
• Maintain a file and record of medical bills, lost
wages, and other expenses associated with the injury
• Keep a list of witnesses who may testify about your
injuries or about the incident
• Take photographs as instructed by your attorney and
maintain copies and negatives of such pictures
• Notify your attorney immediately of any change of
address, telephone numbers, marital status, change of employment,
or drastic change of your physical condition
• Sign all forms required by your attorney
How do I keep track
of all my bills?
Keeping an accurate record of your medical
bills is one of the most important things you can do for your
case.
Here’s the best way to do
it:
• Ask for your medical bill each time you see a doctor:
Maintain a record of your visits, and make sure you obtain
a medical bill for each visit to your doctor, hospital, physical
therapist, or medical facility.
• Save all prescription bills: Be sure to save copies
of your prescriptions and drugstore charges for medicine that
you purchase as a result of your injury.
• Keep a separate chart with dates, amounts of medical
bills, and purchases of medications: Maintain a separate record
that has the date of the medical service or purchase of medication,
the amount charged, and how the bill was paid. This will be
your actual record of medical bills incurred as a result of
your injury.
• Be sure that your lawyer receives a copy of each medical
bill, prescription bill, or other bill related to your injury:
Even though your lawyer may receive copies of all these bills
directly from the medical facilities, a double-check process
will assure that your claim settles for the maximum value.
If your lawyer does not have a record of all your medical
bills, your case may be settled for much less than its actual
value.
How does my
lawyer make sure the doctors get paid?
Most lawyers have a policy of withholding
money from the settlement or court verdict to pay doctors
and medical facilities. Many doctors and medical facilities
also require that the patient sign a form that allows the
attorney to withhold enough money to pay medical bills directly
from the insurance settlement
|
