Serious Injury Claims Questions and Answers
How much is my case worth?
There is no tried and proven formula to determine how much a case is worth. It really depends upon the amount of damages and type of injury in each case. However, here are some of the areas of damages to which a person who is injured by the negligence of another is entitled:
- Past medical bills
- Future medical bills
- Past lost wages
- Loss of earning capacity in the future
- Pain and suffering both past and future
How long will it take to finalize my case?
Again, the answer depends on numerous factors which include the complexity of the case and injury. One can’t evaluate the value of a case until one has a good understanding of the nature and extent of the injury. Before we would ask you to accept a sum of money in exchange for releasing the responsible party of all further responsibility, we must have enough information to reasonably predict the future of your medical condition. Usually, it requires that you finish your medical treatment and determine if there is a residual disability and if that disability has any effect on your daily activities.
What does it mean to have a lien against my case for reimbursement of medical bills?
Even though you may carry health insurance or have medical payments coverage under your own policy, the insurance company (including Medicare, MediCal, Secure Horizons, Kaiser, etc.) that pays for your medical bills is, in most instances, entitled to be reimbursed for the costs and expenses they incur. At the conclusion of the case the attorney will be presented with a lien which will have to be satisfied before money will be disbursed.
What is mediation?
Mediation is basically a settlement conference that takes place before the case proceeds to trial. Each party and the insurance company for the party at fault must appear along with their attorneys. The mediator is generally an attorney or a retired judge. Both sides present their case to the mediator who then tries to facilitate a settlement. The information presented at the mediation is confidential and cannot be used thereafter without specific permission. If the case does not settle then the matter proceeds to trail.
What does uninsured or underinsured motorist coverage mean?
Underinsured or uninsured motorist coverage allows you to collect from your own insurance company for your injuries including pain and suffering in the event you are injured through the negligence of somebody who has little liability coverage or no liability coverage at all.
How much uninsured motorist coverage should I carry?
Since there are many uninsured vehicles on our roads, it is very important for you to carry the same policy limits on your uninsured motorist coverage as you carry on your liability coverage. You should have as much coverage for yourself as you do for a stranger.
How will my own insurance company handle the uninsured motorist claim?
Your insurance company will pretend that they are the insurance company for the party responsible for your injuries so, therefore, they will not treat you like their insured but like someone making a claim against their insured. In other words, they will be your adversary, not your “friend”.