Personal Injury

General Information                                                 

What About the damage to my car?

Who pays for my medical expenses?                                

What is a Wrongful Death Action?

Personal Injury  

  Motor vehicle accidents create many complicated and complex issues.  Typically, an insurance adjuster who represents the person at fault, will initially work with you by paying your medical bills and offering you the use of a rental vehicle.  Usually, the adjuster's goal is to gain your confidence and then try to settle the case.  The adjuster's idea as to the value of the case will usually differ from the actual value.  Have you been hurt in a car wreck? The good news is that you may have a large money settlement coming. The bad news is the insurance company wants to keep it.

At our firm, we work hard every day to get the most money we can for injured victims. We seek all the benefits possible, in the least time possible.  If the other driver is at fault and carries liability insurance, you have the right to collect for medical bills, lost wages, pain and suffering, disfigurement, broken bones, scarring and other damages.

Your medical bills may not be paid until the time your case is settled. You may be able to pay your medical bills as they are incurred by making a claim against your own Personal Injury
Protection or "medpay" automobile insurance coverage. Also, if you have health insurance through your work or your spouse's work, your medical bills may also be paid by these sources.

Lost wages suffered as a result of a car wreck can be collected from the defendant driver who caused the accident, or from his insurance company. Your lost wages must be documented by your employer or personnel department. Also, your doctor must be able to state
that it was medically necessary for you to miss work as a result of
your accident.

Your pain and suffering is more difficult to determine because juries evaluate pain and suffering differently. The pain is usually referred to as the physical component and the suffering as the mental component. You are entitled to past, present and future damages for
medical bills, diminished earning capacity, physical impairment, pain and suffering, disfigurement and many other elements of damages.

Before anyone else can cause you more pain, before you get hurt again, call or write me. I want to hear from you. I am here to make sure that you are treated fairly. 

    Property Damage Issues

   Other than being concerned about your injuries sustained from the accident, you also have immediate concerns as to either repairing or replacing your vehicle.  There are two general rules:

REPAIR - If your vehicle was damaged and able to be repaired for an amount less than its fair market value, you are entitled to the use of a similar type vehicle (rental Car) until your vehicle is repaired.  The insurance adjuster representing the tortfeasor (the person at fault) will generally make these arrangements.  

 REPLACED - If your vehicle was totaled or the cost of repair exceeds the fair market value, then you are entitled to one payment representing only the fair market value.  The tortfeasor's adjuster is not mandated to provide a rental vehicle unless there is unreasonable delay in processing the payment.   Keep in mind, that there are a variety of methods to determine fair market value.  This "rule of law" is very frustrating for some to accept.  One example is where John Smith's vehicle is totaled.  He owes the bank $4,500.00 on his loan.  At the time of the accident his car is worth $4,000.00.  He wants at least the loan value to settle.  Unfortunately, he is not entitled to the loan amount.  

Medical Expenses

   Who Pays for your medical expenses?  How much will they pay?  For how Long?  These are typical questions asked.  Many injured persons inform the emergency room personnel that they accident was not their fault, and therefore, the bill should be sent to the tortfeasor's insurance company.  After all, the tortfeasor told the officer that he was insured.  This is not always an easy process.

    Why you need an attorney to assist with med-pay?

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To protect you from your healthcare provider's right of subrogation;

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To ensure that all legally protected rights of subrogation are satisfied (Medicare and Worker's Compensation are both protected by law);

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To assist in determining which of your available insurance pays'

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To draft letters of protection to keep the creditors away;

 

Wrongful Death

     The loss of a family member or loved one is a tragedy. Our system only allows money damages for the loss of a parent, spouse, child or other family member. When tragedy strikes through the
carelessness or lack of safety precautions by a defendant, family members should be compensated for their losses. Those losses can include the loss of earnings, inheritance, support, love, affection, medical expenses, and pain and suffering prior to the time of death,
as well as other elements of damages.
    Our office has handled wrongful death cases involving numerous car and truck accidents.
    In times of grief it is sometimes difficult for family members to understand the importance of a prompt investigation of the circumstances of the death, preservation of evidence and
identification of responsible parties.
    I am sorry for your pain and sad that tragedy has knocked at your door, but we need to talk as soon as you are in a frame of mind to act.  Before anyone else can cause you more pain, before you get hurt again, call or write us. We want you to know that we are here to help
you. To make sure you are treated right. For you to lean on and to
rely on. To fight for you with all of our legal skills.