Frequently Asked Questions Regarding Personal Injury Claims
How do I know if I have a case? If you or a family member has been in a serious accident, you need an attorney who understands insurance, how to properly evaluate an injury claim, and your rights and responsibilities regarding medical liens, reimbursement of your health care providers and reimbursement of any health insurance companies, including Medicare and Medicaid.
I was involved in an automobile accident. What’s the first thing I should do? After an accident, it is important to collect as much information as possible that will help if you decide to file a case later on. The first step is to call the police. It’s also important to talk to witnesses, notify your insurance company, take pictures, keep a record of your medical treatment, get a property damage evaluation, and consider hiring a personal injury attorney.
What kind of compensation can I receive in a personal injury case? While every case is different, Texas law generally allows a person injured by the negligence of another to recover money damages for past and future medical bills, loss of earning capacity, physical pain and mental anguish, disfigurement, and physical impairment.
What if the other driver doesn’t have insurance or doesn’t have enough insurance to even cover my medical bills? In most cases, drivers without insurance don’t have many assets. If you have sustained a serious injury, it is important to determine whether the negligent driver was truly uninsured. For example, where a driver causes an accident while in the course and scope of his employment, the driver’s employer, and his employer’s insurance, can be legally responsible for your damages. Where a driver is truly uninsured, your lawyer should investigate to determine if the driver has assets that could satisfy a judgment. Otherwise, your own insurance might be available to compensate you for your injuries. For this reason, we strongly encourage our clients to purchase Personal Injury Protection (PIP) coverage, Medical Payments coverage, and Uninsured/Underinsured Motorist’s Coverage. Where none of these coverages are available under your personal insurance policy or the insurance available is not enough to cover the medical bills, we can negotiate with the health care providers in an effort to reduce the bills so that you can receive compensation for your injuries and still get the bills paid.
Why should I hire a personal injury lawyer? Although it is not required by law, accident victims who are represented by an attorney typically recover much more compensation than individuals who file claims on their own.
What if I have health insurance but the hospital refuses to use it because I have been involved in an accident? When you have been injured by another party’s negligence and the negligent party has liability insurance, state and federal laws allow hospitals to recover payment for medical services from the negligent party’s liability insurance carrier directly rather than from Medicare, Medicaid or your own health insurance. Most hospitals do this because they can bill you for amounts that are significantly higher than the regulated amounts they can charge government health insurance or the contracted amounts they can charge private health insurance. An attorney familiar with this practice will negotiate these “full charge” bills to a reasonable amount in order to ensure that you get reasonable compensation for all your damages, not just your medical bills. Where your bills have been paid by health insurance, most policies allow the insurer to be subrogated against any monies that you recover, meaning they have to be paid back. Again, an experienced attorney will negotiate the “subrogation claims” to make sure you have the best chance of being personally compensated for your injuries.
Nursing Home Neglect:
What qualifies as “neglect” in a nursing home setting? Neglect varies, but the four main types of nursing home neglect involve emotional or social neglect, personal hygiene neglect, basic needs neglect, and medical neglect.
What should I do if I suspect neglect or abuse? If you believe someone is in immediate danger, call 911 immediately. In other cases of elder abuse, contact an attorney right away, since key physical evidence or witnesses can be lost as time passes.
What are some of the signs of nursing home neglect? Some indicators of nursing home injury, negligence, and abuse include bedsores, significant weight loss, dehydration or malnutrition, overmedication, or missing possessions.
Why do I need a lawyer for a claim for a loss or damage to my home or other property? Many times you don’t. As with most situations in life, there are insurance companies that treat their policyholders fairly, and respond to claims in a prompt and reasonable manner, and there are insurance companies that delay and treat their policyholders unfairly. Even where insurers and their adjusters are trying to be fair, reasonable disputes can exist regarding whether a claim is covered and the amount the policyholder is due under the claim. For example, many of our clients have experienced hail damage to homes and commercial buildings due to several devastating storms that our area has experienced over the last several years. While many of these claims have been resolved fairly without our involvement, an equal number involved efforts to under-pay or deny claims where the client had no idea that their insurance company was attempting to “settle” their claim for less than the full amount of coverage available under their policy.
We Are Ready To Answer Your Questions
It is important to act promptly after an accident if you believe a lawsuit is likely so we can gather crucial evidence and interview witnesses. We welcome the opportunity to review the facts of your case and recommend the next steps to take. Call 325-309-6533 or use our online contact form to schedule a free consultation with attorney Greg Allen.