We talk a lot about personal injury claims here. But what exactly are they?
Put simply, a personal injury claim or case refers to someone who has been injured in an automobile accident and is seeking recovery money from the responsible party, almost always the underwriting insurance company of the at-fault driver.
If you have the choice between settling out of court or proceeding with a lawsuit, lean towards settling out of court. When you file a lawsuit, you lose all control of your case and you leave the outcome to a panel of individuals that make up the jury. Most people on a jury don’t want to be on jury duty and don’t know you from a hole in the wall. On top of that, the insurance companies have done a killer job painting personal injury claims as fake and fraudulent amoungst the general public. You and your attorney will have to try and convince an already biased jury panel that your injuries are real and serious.
In addition to facing a jury, you will have added costs and expenses just by filing a lawsuit. Most attorneys increase their fees if you want to file a lawsuit, so be sure to find out what the fine print says in your attorney retainer about filing a lawsuit. These added costs come directly out of your settlement and often times are not reimbursable. This can be a huge gamble for you especially if you have a borderline offer already on the table.
Once you file a lawsuit, all offers are taken off the table and the end result can be better or it can be worse. If you end up with a worse offer than what was originally presented to you from the insurance company prior to the jury verdict, too bad so sad. You are stuck with the jury verdict and potential costs of filing the lawsuit. So unless you are 100% certain that you will get a better award from a jury, think twice about filing that lawsuit.
There seems to be an unwritten rule in the medical community, NEVER WORK WITH ATTORNEYS BECAUSE THEY ARE BAD FOR BUSINESS. Although there may be some truth to that statement, the fact remains that at some point, you may need to hire an attorney to help you with your personal injury claim if the insurance company does not want to play nice. If that time ever comes, it would be nice if your treating physician and the attorney are on the same page.
Most medical professionals will tell you that working with attorneys has caused them nothing but trouble. Think about it, medical professionals carry medical malpractice insurance and why is that? Because they get sued by attorneys. Its as if they are born to be enemies. However, in 0rder to have a successful claim against the insurance company, you need both the medical doctors and the attorneys to be on the same team. Your Team!
Savvy Car Crash Assist readers may have seen commercials or websites giving away copies of The Seven Biggest Mistakes That Can Wreck Your [insert state name here] Accident Case, in exchange for your contact information. The booklet seems to have been ghostwritten by someone, then sold throughout the nation to various attorneys who claim authorship. In any case, it summarizes many of the things we teach in our Settlement Booklet. They are as follows: (more…)
You are having a wonderful vacation. Everything is going according to plan. You’ve spent some time on the beach and at the golf course. You’ve been able to work on fixing that killer farmers tan. You pick up your significant other for a nice night on the town and WHAM, you’re hit from behind. So what do you do if you are involved in a car accident in a state that you do not live in?
First, call your insurance company right away. They might have important information for you especially if you are in a rental car.
Second, if everyone appears to be OK, finish your vacation. Don’t let a little car accident ruin what should be a nice and enjoyable time. If no one is seriously hurt, wait until you get home to work on the troubles of being in a car crash.
Third, know the statute of limitations of the state you are visiting. Every state sets their own statutes and the state you were visiting may have different statutes than your home state. Don’t assume all statutes are the same because they aren’t.
And finally, if you need to hire an attorney, please hire one in the state where the car accident happened. Hiring an attorney in the state where the car accident happened will ensure you are hiring an attorney that is familiar with that states specific laws. That includes the statute of limitations. If you need a referral for the state where the car accident occurred, please let us help you find a trusted attorney by using our network of licensed attorneys.
In the wake of reduced claims and stiffer premiums required by auto insurance companies, not to mention unsatisfied attorney clients, a free new website has launched to educate consumers on the accident recovery process, including do-it-yourself techniques, settlement tips, and when to hire an attorney.
SALT LAKE CITY (Aug 31, 2009) — It used to be the only way to combat stingy insurance companies was to hire an attorney. Today, with the launch of CarCrashAssist.com, consumers have a new resource to help them navigate the complex auto accident process, which affects some 6 million Americans every year, according to the U.S. Department of Transportation.
Suppose you were involved in an accident and it just so happens that you are the one at fault for causing the accident. The person that you hit was banged up pretty good, but it didn’t appear to be anything serious. You call your insurance company and report the claim and they tell you to not worry about anything and they will take care of everything for you. 6 months later and you get served a lawsuit from the attorney of the person you hit. WHAT?
All the sudden your asking yourself how did all this happen? What kind of person would sue me over what appeared to be a small accident? Why isn’t my insurance company taking care of me? What do I do now?
DISCLAIMER: The information contained on this website is intended for general use and should not be considered legal advice. Discretion is advised.
