January 2, 2012
Tips for Settling Personal Injury Claims
Today’s blog post is a guest article from the people at the Injury Settlement Guide.
Have you been injured through no fault of your own? If so, then you likely have grounds for a personal injury case. These types of injuries can result in pain and suffering, as well as in high medical costs that you should not have to bear. Of course, it’s essential that you know a few things about settling personal injury claims before you do anything else. What do you need to know?
Time Is of the Essence
Perhaps the most important thing to understand about settling personal injury claims is that time is of the greatest importance. If you do not file your personal injury claim as soon as possible after the accident, any evidence of wrongdoing on the part of the business or other individual might be long gone. Without any evidence, it is your word against theirs.
Another reason that time is vital when settling personal injury claims is that there are limitations on how long you can go prior to filing your claim. If you exceed the statute of limitations, you’ll be on your own and will receive no help in paying your medical bills and no compensation for pain and suffering.
Things to Include in Your Personal Injury Case
Another important area when settling personal injury claims is to know what you should include in your claim. Some people will only seek compensation for their medical costs. However, chances are good that the injury cost you much more than what the hospital billed you for. You’ll have lost wages because of missed work, as well as medical expenses and even pain and suffering compensation to claim. If the injury resulted in the death of a family member, restitution for the surviving family should be the basis of your claim.
Getting Help with Settling Personal Injury Claims
Whether you have been injured by another individual or on the premises of a business, it’s essential that you find help for settling personal injury claims. Make sure that the attorney you hire is qualified and experienced in handling these types of claims. This is not an area of law where you can afford to take chances and you need to hire a lawyer who is on intimate terms with personal injury law to ensure that you have the best chance of a settlement with the insurance company or a beneficial ruling in court.
December 15, 2011
Important Elements to Include in Settlement Letters
Today’s blog post is a guest article form the people at the Injury Settlement Guide.
Your settlement letter is incredibly important, and getting it right the first time is vital. Settlement letters are what officially begin the process of working towards a settlement to your personal injury claim, so you need to make sure that you do things right.
There are several primary things that need to be listed in settlement letters: 1) your damages 2) a request for compensation for the aforementioned damages and 3) a discussion of the liability of the insurance company’s client. However, you need to do more than simply enumerate your damages and list what you’ll be willing accept in compensation for those damages. You need to be very clear about several things in settlement letters, including what makes you qualified to place these claims, why you’re laying fault at the insurance company client’s feet, exactly what injuries you sustained and exactly how much the damages are.
All of this sounds very simple, but it can be easy to get them wrong, as well. You will also find that while settlement letters are responsible for starting the process, they’re almost never the end of the story. It might seem like the insurance company would simply accept what you state and pay your claims, but it doesn’t always work that way. Remember that the insurance company is going to try to limit the amount of money they pay out to the lowest possible amount.
When writing settlement letters, you also need to understand that the letter will be used as a reference tool throughout the process. The insurance company will base all of their decisions on the contents of that letter. That means you need to ensure that the letter enumerates all of your compensation requirements or you will find that the amount you receive might be less than what you need. Make sure you list medical bill costs, as well as time lost from work due to your injuries in the letter.
Finally, you need to make sure that you structure the letter correctly. It needs to focus solely on the strengths of your case – the insurance company will already take into account any case weaknesses and those will be present in their counteroffer.
If all of this sounds rather complex, it certainly can be. Working with a skilled attorney at your side is the best way to ensure that settlement letters are structured correctly and that they clearly present all of your claims.
December 12, 2011
Assault Victims Have a Right to Personal Injury Claims
It’s a sad fact of life, but often, human beings treat each other pretty poorly. This can range from slights and snubs to racial or sex discrimination. It can also include assault – physical assault is a terrible thing for someone to have to suffer, but it occurs more frequently than you might imagine. While there is no way to wipe that experience from your mind, there is some hope. There’s no need to suffer the pain of an assault and the complications that come along with it. A personal injury claim can help you receive the restitution that you deserve.
What Can a Personal Injury Claim Help You Pay?
One of the first things you’ll encounter if you are the victim of assault is the fact that you have to pay medical bills. Whether your encounter resulted in minor bruises and cuts or broken bones, there’s likely to be a hospital bill involved. In many cases, particularly in severe assaults, you might have to stay in the hospital for several days, or even require surgery to repair the damage done. You should not be forced to pay for those high medical bills when your injuries were not your fault. A personal injury claim can help pay those medical bills and give you some financial relief.
Time Out of Work
Another common situation for assault victims is missing time at work because of their injuries. Most people cannot afford unplanned time out of work – particularly in an economy as bad as this one. With a personal injury claim, you can recoup your lost wages and ensure that your family does not suffer because of your assault.
How to File a Personal Injury Claim for Assault
While you can certainly press charges against the individual who assaulted you, this will be a criminal case. You can also file a personal injury claim, which will be a civil case. The first step is to contact a skilled attorney to provide you with advice about your options and how to proceed with your case. While it’s possible to represent yourself during these cases, it’s really not advisable. A reputable personal injury attorney has the skills and experience to go to bat for you in a court of law. You’ll also find that your chances of getting a beneficial settlement without having to go to trial are much better with a good attorney at your side.
December 2, 2011
Understanding How to Negotiate a Settlement for Personal Injury Claims
Today’s guest blog post is from the people at Injury Settlement Guide.
If you are involved in a personal injury lawsuit, negotiating a settlement is very important. If you are going it alone here, knowing how to negotiate a settlement will help ensure that you are able to get fair compensation from the insurance company. What do you need to know?
The Insurance Company Is Not on Your Side
The first thing to understand about how to negotiate a settlement for personal injury claims is that the insurance company is not on your side. They are interested in staying profitable, not in paying out, even if your claims are valid. Be prepared to be challenged on almost everything when you go it alone here. The adjuster is going to ask questions about every treatment or order by your doctor and you will have to substantiate those orders.
Turn the Tables
Another important thing to understand about how to negotiate a settlement for personal injury claims is that you need to turn the tables on the adjuster. Rather than being on the defensive and doing nothing but answering questions asked of you, you need to make the adjuster answer your questions. You will need to be able to negotiate just like a personal injury attorney and put the adjuster on the defensive. Please note that this does not mean you need to threaten, just that you need to remember that the adjuster is going to try to get off for as little money as possible – that doesn’t mean they won’t offer you the same amount as they would an attorney, though.
If It Comes Down to It, Hire an Attorney
There will come a point in your negotiations when the adjuster gives a final offer. You need to understand that this is not necessarily the end of the negotiations. If you accept that offer, you could be getting far less than you deserve. In learning how to negotiate a settlement for personal injury claims, you need to understand that you will have to be willing to be tough and to understand that your case can be moved up to a supervisor if necessary.
The best way to proceed in any personal injury claim is to work with a skilled attorney that can negotiate on your behalf. This is the only way to ensure that you are able to get the compensation that you deserve.
August 18, 2011
Statute of Limitations in Personal Injury Cases
What happens if the statute of limitations in a personal injury case has lapsed?
Generally, the statute of limitations for a personal injury case in Oklahoma is two years from the date of the injury/accident. In some cases, medical malpractice for example, it can be two years from the date the patient should have known about the injury.
A statute of limitations defense is known as an “affirmative defense.” That is, if the defendant can show that the time frame has passed, the plaintiff is barred from any recovery.
There are a few exceptions to the rule such as the defendant misled or concealed the type of claim from the plaintiff. If the personal injury occurred when the child was a minor, he or she will have until they reach age 19.
Also note: There are circumstances where a lawsuit against a governmental entity for example, a city or county, must be filed in less than a year.
August 11, 2011
Obtaining Medical Records
Any personal injury lawsuit will require copies of medical records. People are often surprised to see a bill for $300 just to get a copy of their records.
Under Oklahoma law, medical providers and doctors can charge $1.00 for the first page and $.50 for each subsequent page. X-rays or other photographs are not to exceed $5 or the actual cost of reproduction. The providers can charge for the actual cost of mailing the records but cannot charge a fee for searching, retrieving, reviewing, or preparing the medical records.
Also note that refusing to furnish records is a misdemeanor.
July 20, 2011
Insurance company isn’t being reasonable
The auto insurance company for the guy that hit me won’t even pay all of my medical bills. I’m through with treatment and I’m getting past due notices on the bills. What can I do? I can’t afford all the medical bills – especially for something that wasn’t my fault.
Well, if you want to get compensated for your medical bills, it looks like you’re going to need to hire an attorney. Oftentimes insurance companies will change their settlement offer after an attorney is hired. Obviously, this is not always the case. To get a reasonable offer, at the very least, a lawsuit may need to be filed to get the insurance company to do anything. Even then, there’s no guarantee that they will ever be reasonable on your claim. That’s generally why car accident cases go to trial.
You should remember that besides your medical bills, you should be able to recover for any lost income, as well as something for your pain and suffering.
June 9, 2011
Medical Bills & Personal Injury Settlements
Do I have to pay all of my medical bills when my personal injury case settles?
No, but you should. Note that medical providers typically file a lien on their patients that have a personal injury case. They do this to make sure they get paid for the work/treatment they performed. The insurance company will be required to include any lien holders on the settlement check once the case settles.
May 13, 2011
Personal Injury Accidents & Medical Malpractice: Settling vs. Trial
Jonathan D. Glater at The New York Times wrote an interesting article on a study comparing settling cases vs. going to trial. The study was based on 2,054 cases that went to trial from 2002 to 2005. The study looked at the dollar amount offered to settle vs. the outcome of the trial.
Notable highlights:
- According to the article, defendants made the wrong decision by going to trial in 24% of cases surveyed while plaintiffs were wrong in 61% of cases
- “On average, getting it wrong cost plaintiffs about $43,000; the total could be more because information on legal costs was not available in every case. For defendants, who were less often wrong about going to trial, the costs were much greater: $1.1 million”
- The findings suggest that lawyers may not be explaining the odds to their clients—or that clients are not listening to their lawyers”
- Concerning the lawyers, the study tried to account for factors like years of experience, rank of a lawyer’s law school and the size of the firm, but the most significant factor was the type of case. On the plaintiff’s side, contingency cases were the most common while the defense side errors were generally cases involving unavailable insurance coverage
My guess at the errors in judgment: That the parties made educated guesses and were willing to go to trial. But, the parties may have also gotten too involved in the case with an “all or nothing” approach.
From what I’ve seen, settling is the safest avenue for all parties involved (both the plaintiffs and the defendants). Obviously, that’s not always available. I like how settling puts both parties in the driver’s seat as opposed to letting a jury or judge decide your fate. The uncertainty of litigation for a client can be a determinative factor. Time constraints are another factor.
It’s interesting that the most common cases involved on the plaintiff’s side were contingency cases. The vast majority of our clients prefer us to work on a contingency basis. The client has already suffered a legal wrong, and putting the risks of litigation on the attorney spreads their risk.
May 12, 2011
Common issues raised by defense lawyers in Oklahoma personal injury cases
Insurance companies and their lawyers use a variety of tactics to deny and limit recovery to personal injury victims. Here two main examples:
1) Comparative Negligence. This is where the defendant places part, or all, of the blame for the injury on the injured. Basically, the rule in Oklahoma is that a plaintiff may not recover if his/her negligence is greater than the negligence of the defendant(s). The exact language in the Oklahoma Statutes is:
In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injured, damaged or killed, is of greater degree than any negligence of the person, firm or corporation causing such damage, or unless any negligence of the person so injured, damaged or killed, is of greater degree than the combined negligence of any persons, firms or corporations causing such damage. (Emphasis added.) See 12 O.S. § 13.
2) Assumption of Risk. This can bar recovery for the plaintiff. It occurs when the plaintiff has expressly or impliedly assumed the risk. That is, it is generally used in situations where the plaintiff was involved in a risky activity