Top Injury Attorney Questions Answered
Oct. 14, 2020
The steps following an accident can be overwhelming, especially when it comes to knowing who to contact first, knowing the value of your losses, trying to understand if it's worth legal steps, and more. Here at Western States Law, P.C. we pride ourselves in guiding accident victims and their loved ones through the process with helpful and straightforward advice and representation.
If you or a loved one has been injured in an accident and have questions regarding your next steps, see our helpful tips below and reach out to us for further information. We are always available via text or online.
Do I Have a Case?
A valid case or claim consists of three elements: liability, damages, and causation. In simple terms, for another party to be liable, he or she must have been at-fault for causing the injury. Fault can come from general negligence, by violating a law, or by breaching a legal duty. The damages element refers to either economic loss or non-economic injury such as pain, suffering, impairment, etc. Damages basically refer to the value of a case. Causation simply requires that the liability or negligence be a cause of the claimed injuries, damages, or losses. We recommend that you contact us to determine whether liability exists and the full extent of your legally recoverable damages or losses.
When Should I Talk to An Attorney?
If you have been injured in an accident, then it is important to seek legal advice immediately. Evidence can be lost or even destroyed by at-fault parties or insurance companies. Evidence that may be important to retain includes:
Vehicles are repaired or crushed, and surveillance video is often overwritten if not preserved. Memories fade and witnesses move. Someone may need to preserve the evidence; obtain witness statements; and work with the police to acquire reports, records, and 911 tapes.
What Is My Case Worth?
It is nearly impossible to place a value on a personal injury or the death of a family member without a thorough discussion about your specific circumstances. Some common elements of damages that can affect the value of your case include:
How Will My Medical Bills and Living Expenses Be Paid?
Ultimately, the person causing your injuries should be responsible for your harms and losses. However, insurance companies rarely advance funds while medical bills are often sent to collection agencies. Living expenses do not wait for someone to get back to work. If needed, we can help find medical providers to provide care and await payment until your case settles. As discussed below, we also help our clients obtain funds that may be available to victims if the claims are presented before certain deadlines.
Do I Really Pay Back My Health Insurance Company?
Virtually ALL insurance policies have language which states, “We will pay your medical bills but if you recover from someone who injured you, you must pay us back.” This right to recover, called subrogation, is included in private insurance contracts (Blue Cross, Aetna, United, Kaiser, etc.), disability policies, workers' compensation policies, and even government programs such as Medicare and Medicaid. Colorado has recently passed laws that may require insurance companies to either reduce or completely waive their rights to recover. In addition to negotiating with the at-fault party, we will negotiate with your own insurance carrier, at no extra charge, to maximize your recovery.
Do I Need to Actually File a Lawsuit?
The direction your case takes is entirely your decision. Some clients want their day in court while others prefer to settle out-of-court. We will listen to you, give you our opinion and let you decide how to proceed. You should never feel as if your attorney is forcing you to do anything, whether that is to settle or sue.
Why Is It Important to Talk to An Attorney?
An attorney can help obtain reimbursement of your chiropractic and medical bills. Insurance companies have attorneys. Even attorneys hire attorneys. Some insurance adjusters seem nice, but their job is to save their money and minimize your recovery. The Insurance Research Council, supported by insurance companies, conducted a study that concluded that injured parties with an attorney get an average of 3.5 times more than those without attorneys. This translates to 350% higher recovery for the injured person with an attorney.
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Receive the paperwork or information necessary to recover your physical therapy bills through restitution, victim’s compensation, medical payment coverage, or an injury claim. Contingent/Percentage Fee Agreements. Home, Evening, and Weekend Appointments Available.