You may have been involved in an accident recently and had an insurance adjustor call asking for a recorded statement. The insurance company may not be offering you what you think is fair and all of a sudden you feel like you are in over your head.
The Law Offices of Elaine J. Levatino provide our clients with extensive experience in resolving insurance issues and personal injury claims. We strive to obtain a prompt and fair settlement for our clients and to keep each client informed as to the progress of his or her case from onset to completion. In the vast majority of cases, we are successful in achieving settlement before the case goes to trial.
The following questions are intended to highlight some important points regarding your personal injury claim. They are not intended to be relied upon for specific legal advice. For more information, or to find out how we may be of further assistance to you, we welcome your inquiries. You may contact us at (916) 786-5900.
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What Are Your Rights ? |
If you are injured in an accident because another party was negligent, you are entitled to recover money damages as compensation for the loss. A claim may arise out of an automobile accident, a slip and fall incident, medical malpractice or from burns, electrocutions or dog bites to name a few.
If you bring an injury claim against the negligent party , you can recover monetary damages for medical expenses, wage loss or loss of earnings, property damage, pain and suffering (usually the largest part of a recovery) and certain out of pocket expenses as well as other damages.
Your ability to recover monetary damages is primarily based on a finding that another person or entity is liable for your injury. The severity of your injuries and the amount of damages you sustain also affects the amount of your recovery.
Additionally, your recovery is dependent upon the negligent party's ability to pay, either from personal assets or through insurance. Often, the negligent person does not have insurance or assets sufficient to cover the extent of your damages. In such a case, your own uninsured motorist or underinsured motorist insurance coverage may cover your loss.
In some cases, if your own negligence contributed to the accident or loss, a portion of the fault may be attributed to you, diminishing your recovery by the percentage of your own negligence.
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Do You Need an Attorney ? |
There is no requirement that you hire an attorney to handle your personal injury claim. However, the legal expertise and experience that a qualified personal injury attorney provides to you will greatly increase your ability to obtain an equitable and fair settlement. Locating all the available insurance covering a particular loss or claim is a complex process and an attorney's expertise is often invaluable when dealing with these issues and your rights.
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Reasons to Consult with an Attorney Immediately |
Anything you say or any information which you provide to an insurance company's adjustor or an investigator for the insurance company may be used against you. You are under no obligation to agree to give a statement to an insurance adjustor. It is advisable to speak with an experienced personal injury attorney before giving a statement regarding an accident or your injuries.
Should you hire an attorney to represent you, the adjustor cannot speak to you without your attorney present. Your attorney will insure that the adjustor does not ask improper questions or questions which can be used against you later. Most importantly, your attorney is best suited to present the facts and legal contentions which support your claim and which are in your best interests.
If meeting or speaking with an attorney is not possible prior to speaking with an insurance company representative, be as reserved and concise in your answers as possible. Be careful not to volunteer information as the insurance company representative will use this information to your detriment.
Be assured that the purpose of the insurance adjustor is to elicit information from you that can be used against you in the evaluation of your claim. The insurance company stays in business by paying as little compensation on claims as possible regardless of how valid a claim you have or how severely injured you are. Additionally, the insurance company will always question the extent of your damages and it is for these reasons a qualified personal injury attorney is invaluable in leveling the playing field.
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What Does it Cost to Hire an Attorney ? |
Most personal injury attorneys handle injury cases on a contingency fee basis. That is, the attorney does not charge a retainer fee at the beginning of the case but is paid a percentage of the recovery received and therefore is not paid until the case is resolved. If there is no recovery, there is no fee. The contingency fee is based on the attorney's time, expertise and services expended. Ethical attorneys may advance costs for you, however, you are obligated to pay costs from the settlement proceeds.
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Do I Have To File A Lawsuit to Recover Damages ? |
Not necessarily. Most cases are resolved through negotiation with an insurance company within one year of the accident. In those cases where the injured person is still receiving treatment nearly one year after the accident, a lawsuit must be filed in order to preserve the statute of limitations. These types of cases may be litigated, but again, in large part will resolve through mediation or arbitration prior to going to trial.
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How Will My Medical Bills Get Paid ? |
In most cases you will receive treatment from your primary care physician and your medical bills will be paid by your health care provider. If you do not have health insurance and you have medical payment coverage under your auto policy, your insurance company will pay for your medical bills up to the limit of your coverage.
When you do not have either health insurance or medical payment coverage, certain medical providers such as physical therapists or chiropractors will usually take a lien for their services, if you are represented by attorney. These providers wait to be paid until the case settles.
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How Do I Get the Medical Treatment |
The most appropriate place to seek medical care initially is with your primary care physician whom you trust with your care. Your primary care physician will know when it is appropriate to refer you to physical therapists, chiropractors or specialists for more serious symptoms.
If you do not have a primary care physician to follow your medical care, friends or family members are good sources to ask about referrals to doctors they might recommend. Most experienced personal injury attorneys can recommend medical providers appropriate for your particular injuries as well.
Some insurance companies still frown on and discriminate against those claims where treatment has been obtained from a chiropractor. Therefore, it is important that you work with an experienced personal injury attorney from the beginning of your claim to make sure you are getting the appropriate medical care and treatment. An experienced personal injury attorney has the expertise in resolving any potential problems regarding your treatment with the insurance company.
