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How an Attorney Can Help You After a Car Accident
Most people file lawsuits after an accident not because they want to, but because they are left with no other reasonable choice.
July 14, 2009 /Motorcycles PR News/ -- How an Attorney Can Help You After a Car Accident
Article provided by Kottler & Kottler, Injury Attorneys
Visit us at www.kottlerlaw.com
There is a general reluctance among most people to file a lawsuit after they have been involved in a car accident or other injury accident. Many people feel that making a claim against an insurance company for an injury makes them a "bad" person. They are worried that others will perceive them as greedy or vindictive. Much of this attitude is based on negative stereotypes we see in television shows or movies.
The truth is that most people file lawsuits or make injury claims against insurance companies not because they want to, but because they are left with no other reasonable choice. Particularly in today's economy where money is tighter, a few extra dollars of medical expense or lost earnings can mean the difference between paying the mortgage or falling another month behind. Most people file lawsuits or make claims because they simply do not have the means or are not willing to pay for bills that they were not responsible for creating.
So why should the average person consider taking legal action against the person responsible for their automobile accident? I will try to explain that.
The insurance companies are interested in making profits for themselves. They won't help you.
Despite promises proclaiming otherwise, most insurance companies consider your claim as just another number in a long list of claims they want to settle as quickly and cheaply as possible.
It is not uncommon for insurance companies to offer a low or unfair amount in order to obtain a quick resolution of your claim. Oftentimes, those injured in car accidents don't know the true value of their claim, so they have no means to judge whether or not the insurance company's offer is fair or unfair. An attorney with experience handling automobile claims can determine the full extent of your damages and can evaluate whether the settlement amount is reasonable or not. An attorney also has the ability to litigate the case if necessary and have a judge or jury determine the fair value of your compensation, as opposed to having to convince the insurance company that your case is worth more than they are willing to pay.
Your health insurance may not cover all of your medical bills.
Attorneys who specialize in personal injury cases should be able to obtain medical care for you on a lien basis. Most people are unaware that if they use their own medical insurance or HMO to obtain medical care the HMO or health insurance company will file a lien against the recovery on their accident case. The insurance companies and HMOs attempt to recover the amount they spend on your health care that is related to the accident. An experienced personal injury attorney should be able to effectively deal with these liens and, in most cases, reduce them or eliminate them altogether.
Unfortunately, in tough economic times, many workers face having their hours cut, being laid off or losing their jobs altogether. As a consequence, more families than ever are finding themselves without health insurance coverage. In that situation, it is essential that a person injured in an accident consult an experienced personal injury attorney who has access to competent doctors and specialists willing to provide medical services, hospitalization and even surgery on a lien basis.
Even a simple trip to the emergency room to treat minor injuries can cost thousands of dollars. If the accident victim is severely injured and needs to be hospitalized or have expensive procedures, an experienced personal injury attorney can usually convince these hospitals and doctors to wait for payment until the injury case is settled. This takes away the pressure of having to accept a quick, unfair settlement from the insurance company in order to pay these new medical bills an keep your credit score from suffering.
Many automobile accident victims have medical coverage as part of their home automobile insurance policy. Most automobile insurance policies in California contain uninsured motorist or underinsured motorist coverage that may also help cover some of your medical expenses.
Whether you do or don't have any health insurance or you do or don't have enough insurance to pay for all of your medical bills, an experienced personal injury attorney should be able to help you obtain necessary health care on a lien basis. Obviously, the amount and extent of care you receive has to be related to the extent of your injuries, but the attorney has to take into account the amount of insurance available to you for a settlement and the settlement value of your case when authorizing or obtaining health care for you on a lien basis.
You should not be responsible for paying for damages you didn't cause.
In 2007, it was estimated that as many as one in five California drivers did not have car insurance. Studies show that the number of uninsured drivers tends to follow the rate of unemployment, so it is likely that this alarming number is even higher now, as California's unemployment rate continues to rise to unprecedented levels.
If you are involved in an accident caused by an uninsured driver or by a driver who does not have sufficient insurance coverage, you may be able to file a claim under your own auto insurance policy to cover some of your expenses, including car repair costs, medical bills, loss of wages and even an amount for pain and suffering and loss of enjoyment of life.
It is part of our historical legal heritage that the person at fault should pay for the damages they cause to others. That's why we buy insurance to cover those situations. Seeking legal help following a car accident simply means that you believe someone else is responsible for harming you or your property and should be held accountable for their actions, and that their insurance company should pay for the damages that they cause to others.
Usually, the vast majority of money recovered for personal injuries in an accident is for an item of damages caused pain and suffering or loss of enjoyment of life. Unless you have an attorney familiar with settlement and verdict values for similar injuries, you will be at the mercy of the insurance company in determining what your case is worth.
Most attorneys specializing in personal injury will offer you a free consultation to discuss all of the aspects of your case. In that consultation, the attorney should explain the sequence of steps involved in presenting the claim. The attorney should also give some indication regarding the chances of winning and, in many cases, the attorney can even give you an accurate prediction of whether your case will settle or have to be litigated. Most personal injury attorneys will take your case on a contingent fee basis, which means that you do not have to give the attorney any money in advance for a retainer fee and, if the case is lost, you do not have to pay any fee. Whether you feel you need an attorney or not, you should take advantage of this free consultation offer to educate yourself with regard to your injury case.
Article provided by Kottler & Kottler, Injury Attorneys
Visit us at www.kottlerlaw.com
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