Should I File an Auto Accident Personal Injury Claim?

Transcription

1 Should I File an Auto Accident Personal Injury Claim? 0

2 TABLE OF CONTENTS Introduction: Guide To Personal Injury Claims... 2 Chapter 1: Qualifying Your Case... 7 Chapter 2: How to rate your pain Chapter 3: Logistics of a Personal Injury Claim Chapter 4: Roles Involved in a Personal Injury Case Chapter 5: Recovery and Next Steps

3 INTRODUCTION: Guide To Personal Injury Claims You ve been in an auto accident. Accidents often leave physical repercussions in their wake that car accident victims must deal with for months and years into the future. It s very likely that you ve sustained injuries due to the accident. So, if you re experiencing pain or mental trauma as a result of the accident, then you most likely have a good reason to file a personal injury claim with your insurance. But how? Most people don t fully understand the legal process and policies surrounding an auto accident. Because of misconceptions and unwarranted fears, these injured individuals frequently forego 2

4 the monetary coverage they need to pay for their medical bills, loss of income, and other costs incurred from the accident. Some of the most common reasons that people don t choose to file a personal injury claim are; 1. Cannot Afford an Attorney People think that they re going to have to pay big bucks to go see an attorney about their accident. In reality, we charge no upfront fees for our clients to meet with our auto accident and personal injury attorneys. We have a strict policy for contingent payment. This means that we don t get paid unless you win your case. 2. Fear of Medical Bills People injured in an accident have legitimate concerns and questions when it comes to how they are going to pay their medical bills if they seek out treatment for their injuries. Because many auto accidents require extensive and ongoing medical care, bills add up quickly. However, an auto accident personal injury attorney can help with that. By obtaining the monetary benefits you need from an insurance company to cover the costs of your treatment, you can rest assured 3

5 that your medical visits aren t going to be charged to your bank account. Many times our clients are not aware of who can or should be paying their medical bills. For example, we have persuaded auto insurance companies of relatives that are living with our clients to help pay the medical bills of the injured client. It did not affect their relatives insurance rates. We can also refer you to doctors who help patients without insurance, and are willing to wait for payment until the insurance covers the bills. 3. Wary of Handling the Logistics of the Process It s true handling a personal injury claim is a lot of work. Knowing which insurance company needs to pay for your treatment, while also interfacing with doctors and insurance adjusters, is a big job and it means lots of paperwork and phone calls. That, however, is where a personal injury attorney will help you out. We handle all of the conversations and documentation with insurance companies and doctors, leaving you to rest and recover. 4

6 4. Don t want to be Perceived as a Money-Grubber Ensuring that your health and your finances are protected is not cheating the system, it s why you pay your auto insurance premiums. Ever watch commercials on TV? Next time you do, look to see how often you see an auto insurance commercial. Believe us when we say they have plenty of money to take care of you the way they should. We work hard to make certain that you receive the monetary compensation that you need to recover, cover your medical costs, and pay for any other loss of finances due to the accident. The goal is that you won t have to pay the medical bills, and you will still be able to receive effective treatment for your injuries that will resolve your pain and restore you to full health. There is no need to shy away from pursuing a personal injury claim for any of the common reasons given above. A personal injury attorney is able to protect your interests and work with the insurance companies to help you receive the treatment that you need to recover from your injuries. 5

7 Our law offices in Everett, Spokane, and Vancouver-Portland have excellent and experienced attorneys that are looking forward to helping you do just that. 6

8 CHAPTER 1: Qualifying Your Case There are several questions to ask that will clarify for you, and for us, whether or not your case meets the criteria for a successful claim. Consider the following questions in order to evaluate your case and see whether or not it is advisable for you to pursue a personal injury claim with the help of an experienced auto accident attorney. 1. Are you the at-fault driver? Best answer: No. If the accident was your fault, unfortunately it will be far more difficult to get your medical attention paid for through a personal 7

9 injury claim. Because the at-fault driver is liable for causing the accident, you simply don t have the legal grounds to pursue a personal injury claim of this kind. However, if you re not at fault in the accident, that is very good news for you. You are in no way liable for causing the accident, and the injuries that you ve sustained are the result of the at-fault driver s actions, and you are entitled to recover for your losses. At Russell & Hill Law Firm, we do not work with individuals who were at fault in any accident. If you re not at fault in the accident, then please, continue reading to evaluate your case further. You re off to a good start. 2. Has your claim been settled? Best answer: No. Many people settle their claim prematurely, before they truly understand the severity of their injuries, or the extent of medical treatment that will be required to assist them in their recovery. If you have already settled your claim, there is very little hope of filing a new personal injury claim. In the vast majority of cases, once the 8

10 individual settles, the case is closed, and no additional claim can be filed. The insurance companies know this, which is why they are very aggressive in trying to settle cases as soon as possible, often before people retain an attorney and gain the knowledge to arm themselves against unfair insurance companies. Remember, this does not count your property damage claim. It is okay to settle your property damage claim and still have a medical injury claim to pursue. 3. Are you in a considerable amount of pain? Best answer: Yes. As frustrating as it can be, we re going to ask you to rate your pain. Given the numbers 1-10, where does your pain fall between minimal pain and the worst pain you ve ever experienced in your life? It s helpful in proving your case for you to be in a moderate to severe amount of pain. Now, don t try and be a hero and hold to a low pain rate number like 1-3. In order for you to build a strong claim for the medical treatment that you need, we need you to be honest and to 9

11 keep your pain in perspective. We ll talk about what this means in a later chapter. 4. Did you see a doctor after the accident? Best answer: Yes. For individuals whose injuries occurred years in the past and they re only now thinking about pursuing treatment, this weakens the claim. There must be medical evidence within a reasonable time after the accident to connect the injuries to the accident. The more time between the accident and the treatment, the more the validity of your claim is called into doubt, because there is a chance that the pain you re feeling now was a result of a different incident that happened in the interim after the accident occurred. At least that is what the insurance company will argue. 5. Was an accident report filed? Best answer: Yes or no. If the police are called to the scene of the accident, then an accident report was filed by the officer in charge. However, if the accident 10

12 occurred, and the police were never called to the scene, the individuals involved in the collision are responsible for filing the accident report. However, in some cases, this isn t done, or isn t done properly. If you don t have an accident report on file, there is still a possibility that we can file a personal injury claim. As long as the accident occurred recently, there is still a good chance that we ll be able to work with you to file a personal injury claim. Call us to find out whether your claim is secure. 6. Do either you, or the at-fault driver, have car insurance? Best answer: Yes. Unbeknownst to many drivers in the States of Oregon and Washington, a driver that was not at fault in an accident can pursue a personal injury claim even if the at-fault driver does not have auto insurance. In Washington, if you don t have auto insurance, but the at-fault driver does, there is still a good chance that you can file a 11

13 personal injury claim. Only one party needs to carry a car insurance policy for the no-fault driver to be able to pursue compensation. In Oregon, if you don t have auto insurance, but the at-fault driver does, you can only file a claim for property damage and medical and wage loss. You cannot pursue a claim for pain and suffering under Oregon s no pay, no play rules. If neither party has car insurance, there is no chance of filing a personal injury claim. 12

14 CHAPTER 2: How to rate your pain Our team of personal injury attorneys at Russell and Hill will often hear questions from clients that are confused about how they should accurately rate their pain symptoms. If you re also feeling unsure of which smiley face to point at on the pain scale, then listen up. While you would expect that most individuals are inclined to exaggerate their pain, the opposite is, in fact, the case. Most people suffering from personal injury are actually more likely to downplay their discomfort. While massaging an aching neck and wincing, you ll hear them say, Oh, my pain isn t that bad. 13

15 The reality is, they are in pain and need to communicate this clearly. The first step to doing so is to understand how to assess their pain correctly. Frequency, Severity, Duration These are the three factors that should be used to establish a correct pain rating. The intensity of the pain is not the only, nor the most important, factor. Instead, you need to consider how frequently you are in pain, to what severity the pain sensation occurs, and how long that pain lasts. Frequency How often does the pain occur? Does it fluctuate? Does it change based upon your activities or posture? If you find that your back aches every time you bend over, you must realize that this is an injury that could greatly inhibit your quality of life. If the pain only occurs once a week, or perhaps a few times each month, then your pain rating will likely be much lower. Severity How intense is the sensation of pain? Is it a sharp, stabbing sensation, or a dull ache? Remember that glossing over pain will not help you recover, and ignoring problems usually only 14

16 exacerbates them in the future. It is also important to remember that you should be rating your pain only when you have not had any pain medication. If you feel alright when you take multiple pain pills during the day, this is a sign that you have actually sustained a more serious injury. If the pain is more related to strained muscles, or a feeling of tightness, it is more likely that the pain will not be debilitating, and you may not warrant an insurance claim. Duration How long does the pain last? Do you feel pain only for a few minutes in the morning, or does it come and go all day? Many people will experience headaches for some time following an auto accident. How long do those last for you? Are they lengthy headaches that keep you lying down several hours each afternoon? If so, you are likely a good candidate for insurancecovered medical treatment. Use these three factors to judge your current pain levels. It is wise to keep notes on your pain throughout the day, whether on the kitchen calendar, or in your phone. This will help you to realize that you may be in pain more or less frequently than you had thought yourself to 15

17 be, and it will be helpful for physicians as they consider your treatment options. Navigating the Pain Scale Most of us have seen pain scales while in a doctor s office or emergency room. The scale most often used is the 1-10 rating, sometimes accompanied by pictures of faces in varying stages of pain. In general, these pain ratings are assessed in the following ways: 0-3 is minimal pain, 4-6 is moderate pain, 7+ is severe pain Most people tend to base their pain scale off of their own experiences with pain. For instance, someone that has given birth or had a kidney stone will likely rate their back ache much lower than someone who has only experienced slivers and skinned knees. This is why it is important for you to give pain descriptors to your doctor. Rather than simply rating the pain, provide adjectives that also will give your doctor insight into the severity from your perspective. Use three adjectives that will describe the frequency, severity, and duration. 16

18 In general, insurance companies view minimal pain (0-3) as not coverable. Moderate pain is typically treated as minimal pain by insurance companies, and severe pain can be viewed as an exaggeration. Generally, the ratings 6-7 are more likely to be viewed favorably by the insurance company. Knowing this, you can better assess where your pain is actually located on the scale. 17

19 CHAPTER 3: Logistics of a Personal Injury Claim The average duration of the entire personal injury claims process, from initial consultation to settlement, can range from 4-5 months to several years. The duration of a claim depends on the time it takes the injured parties to recover from their injuries and return to their normal, daily routines. To understand the personal injury claim process, we will discuss the various steps and the roles for those involved in the claim proceedings. Everything begins with your initial consultation with our personal injury attorneys. 18

20 Your First Consultation When you come in for your initial, free consultation, our personal injury attorneys will begin by evaluating your case. We will answer all your questions and you will be asked to give details of the accident, your injuries, your pain rating, prior and planned medical treatment, and whether or not an accident report has been filed. Once the details of the incident have been clarified, you will be able to go home to continue recovering while we begin to investigate your case. Filing the Claim with the Insurance Company Our next step as your personal injury attorneys will be to file the claim with the insurance company. Once we have filed with the insurance companies, they will stop contacting and harassing you. The claim will remain open until a settlement amount is reached. This will be determined by how long your treatment continues. The settlement will not be finalized until you have healed sufficiently from your injuries, allowing us to compile the total costs of your medical treatments. 19

21 What does a claim look like? A personal injury claim is composed of three parts liability, special damages, and general damages. These three points constitute the basis of the claim for monetary compensation for your injuries. Liability An auto accident personal injury claim cannot be filed unless there is sufficient evidence that the accident was due to the fault of the other driver. If this is provided, it ensures that you are able to pursue insurance coverage from your insurance company as you receive medical treatment for your injuries. (Note in WA: If you do not have car insurance, compensation will be pursued from the other driver's insurance company.) Special Damages Special damages allow you to claim compensation for medical bills, wage loss, and related out-of-pocket expenses that you have incurred due to the auto accident. You can claim compensation for these special damages on the claim form. 20

22 General Damages The final element of a personal injury claim is general damages. These damages can include any difficulties or trauma you have suffered as a result of the accident, including any physical limitations. If your injuries have affected your ability to engage in certain activities or previously enjoyed lifestyles, those constraints will be classified under the general damages component of your claim. This will allow you to receive the compensation for the diminished quality of life that you have suffered and may continue to suffer for years to come. Obtaining Medical Treatment Next, you will continue to focus on receiving proper medical treatment for your injuries. Your personal injury attorneys will manage the billing for the medical costs you incur, carefully keeping track of all expenses so that, at the end of your recovery process, full compensation will be obtained. Our legal assistance during this stage is extremely helpful, as it frees up injured individuals to focus on recovery rather than paperwork and phone calls with insurance companies. Instead, we will interface 21

23 with insurance companies and your doctors so that, when the time comes to settle, we ve got good records of your recovery and a strong insurance claim. Also, because the personal injury attorney is so skilled and knowledgeable about the claims process, they are able to ensure that the insurance companies actually pay what they re legally required to cover, rather than copping out of payments or stopping coverage prematurely. Finalizing a Claim Settlement Once you have fully recovered, we will submit your settlement claim. If the insurance company agrees to the settlement, the case is over. The settlement check will go into a Trust account. You and your attorney will go over every detail of the settlement and disbursement and you will collect your compensation and release the insurance company from any further obligations. If, however, the settlement is rejected by the insurance company (which is an average of less than 10% of our cases), the legal proceedings will begin so that we can resolve their issues with your claim. Very few cases ever find their way into the courtroom. Instead, 22

24 nearly all clients find the process of a personal injury claim to be a very smooth journey, thanks to our services on your behalf. 23

25 CHAPTER 4: Roles Involved in a Personal Injury Case Your Role During our work with you, we want you to focus on recovering from your injuries through your treatment plan. Healing is your role in the claims process. This means that you are going to your doctor s appointments, therapy appointments, taking any prescribed medications, and performing any therapies or exercises as recommended by your doctor. Tell your doctor about all of the injuries you ve sustained and give him or her a detailed explanation about your level of worst pain since 24

26 your last appointment, and you should also explain your recovery progress as well from week to week. If you don t consistently receive treatment that results in an improved health condition, it will be difficult to convince the insurance company that the money was spent well. The key is to listen to your doctors and follow their treatment recommendations. Our Role Our goal is to free you up from the deluge of paperwork and phone calls, so that you are able to focus on your medical treatment, returning to work, and returning to your normal daily activities as much as possible. This means that we will manage your medical bills, interface with insurance companies and doctors (including therapists, chiropractors, and specialists). We keep you updated on the progression of your claim, give you advice and information regarding your situation, and function as your legal representative. Finally, it s our ultimate objective to resolve your claim efficiently, and for a settlement amount that compensates for all your injuries and other losses. 25

27 The Doctor s Role Your medical care provider s role is to treat you to the best of their ability. Their chart notes and details on your injuries and recovery will help provide a firm basis for your personal injury claim. They can strengthen your case by providing accurate and fully detailed notes on your healing process. 26

28 CHAPTER 5: Recovery and Next Steps Now that you have recovered and have received your compensation from the insurance companies what now? Our hope is that you will be able to fully return to the normal activities of your life, as healthy and vibrant as before. Following your settlement, we will also have a final meeting to close the last details of the case. Our strict contingent policy means that you ll only pay our services if we have successfully won your case. We don t want you to be worrying about the cost of our attorney s fees while you are recovering. 27

29 What is a contingent payment plan? Instead of requiring an upfront fee, the attorney is paid out of the proceedings of the claim. When the claim is paid by the insurance company, the attorneys fees are covered as a segment of that amount. We don t get paid unless and until you get paid, and the more you get paid, the more we get paid. So we have a built in incentive to get you the highest settlement amount possible. Ready to feel better? The reasons you purchased insurance and have made consistent payments in the past is to ensure you have adequate coverage to help you heal from your injuries in the case of an accident. We re here to help you avoid getting overlooked and disregarded by your insurance company. Our team of auto accident personal injury attorneys at Russell & Hill Law Firm have the legal experience to pave your way through the legal procedures and leave you free to work your way back to full health. Our ability to streamline the claims process will allow you to recover without worry, stress, or mounds of confusing paperwork. Together, we will get you better as quickly as possible. 28

30 Contact our office to schedule your completely free initial consultation so that we can get you back on the road to recovery. Everett Offices 3811-A Broadway Everett, WA (OFFICE) (TOLL FREE) 1732 Broadway Everett, WA (OFFICE) (TOLL FREE) Spokane Office 1212 N. Washington St., SE 122 Spokane, WA

31 Portland/Vancouver Office ONE WORLD TRADE CENTER 121 SW Salmon Street, 11th Floor Portland, OR (OFFICE) (TOLL FREE) 30

32 31

33 32

34 33