Three Keys to Bigger Idaho Injury Settlements
The Idaho trial attorneys at Montgomery Law have prepared this information to assist accident victims in getting bigger Idaho injury settlements or, in other words, a fair and adequate settlement for their Idaho injury claims. If you’ve been injured in an accident, you know what a life altering experience it can be.
Bigger Idaho Injury Settlements
If you’re like most people, you’d be satisfied to have your health back like it was before the accident. Unfortunately, the law can’t do that. It can only require that the person at fault, or their insurance company, pay you for your injuries and damages. In other words, pay you a settlement. Since you have to go through the process, you should try to get the best settlement you can.
The title of this article refers to 3 keys to bigger Idaho injury settlements. Actually, there are more than three important factors or keys. Although this article will discuss other factors, it will emphasis the three which I believe are most important. These include:
1. Work with a good medical doctor who is willing to provide you with helpful medical opinions, make your medical records available to you and is willing to testify on your behalf if needed;
2. Know the different types of damages you are entitled to collect for your injuries under Idaho law.
3. Get a good trial lawyer, one that is known in the legal community and who is well respected and capable of going to trial and presenting a good case if settlement cannot be reached.
All of the factors below are helpful but the 3 summarized above, are very important in obtaining a bigger Idaho injury settlement.
Its not unusual for a person to be confused, upset and possibly even unconscious after an accident. Knowing what to do can help the immediate situation and will help you obtain a bigger Idaho injury settlement later on. Idaho Personal Injury Lawyers make the following important suggestions:
1. Call the police immediately or ask someone else to do it.
2. Request an ambulance if anyone is injured.
3. Don't move the vehicles before the police arrive unless they pose a hazard.
4. Exchange drivers' insurance information.
5. Get contact information for any witnesses.
6. Obtain medical treatment immediately.
7. If the police don’t prepare an accident report, make certain you file one yourself ASP.
8. Report the accident to your insurance company.
9. Contact your own insurance company if you have no fault medical benefits available.
10. Don't give any statements to the other driver's insurance company nor a release of information until you have contacted a lawyer.
11. Obtain several written car damage estimates.
12. Strictly follow doctor's orders.
13. Hire an experienced lawyer.
Document the Accident | Bigger Idaho Injury Settlements
As soon as possible you should write down everything you remember about the accident. Otherwise, as time passes you will forget many of the details. Keep all of your information in a file or folder. Be sure you have the information you need about any witnesses. You might want to take photographs of the cars involved, the location of the accident and your injuries. Be sure to make a note of any statements made by the other driver with reference to who was at fault in the accident.
The insurance company for the other driver may want you to give them a statement. We recommend that you not give such a statement, at least without first consulting an attorney.
You should always tell the truth but you are not required or obligated to give a statement to the insurance adjuster. People often say more than they should say and say things in a way that later hurts their case. If you better understand what is involved in a claim and what the other insurance company is looking for, you can better present your side of the case at the proper time. You can politely refuse an interview by saying you would like to consult a lawyer first.
You do want to talk with your own insurance company, however, so that they are aware of the accident and so you can receive any medical payment benefits that may be available.
Follow Your Doctor’s Orders | Bigger Idaho Injury Settlements
The most important matter to keep in mind is that you recover fully, or as much as possible, from all your injuries. You should faithfully follow any instructions from your doctor or physical therapist. Be sure to keep any appointments with specialists, physical therapists, etc. In our view, legal issues should be secondary to your full recovery. Also, if the case is not settled and ultimately goes to trial, the fact that you did not follow the doctor’s orders may be used against you.
The Importance of Doctors and Medical Records Medical doctors and medical records are a very important part of your accident claim. Please be aware and assume that everything stated and/or observed by your doctor may be taken down in detailed notes. These notes, or a report made from them, are later read by the insurance company when it is time to negotiate the value of your personal injury claim. The value of your claim largely depends on your doctors' reports.
Insurance adjustors place a lot of emphasis on your medical records and your doctor’s opinions contained in the reports. If your doctor is not aware of your limitations, pain, etc., he/she will not provide that information in the report. If your doctor feels an injury is exaggerated, it may be put in a report
Some doctors are now refusing to be involved in the legal process required to pursue a personal injury claim. Its good to know this up front so that you can find a doctor willing to work with you. Your doctor can be your best advocate if they are willing to assist you and if they believe in your case. This will be an important factor in obtaining a bigger Idaho injury settlement
A note about chiropractors. Chiropractors perform a valuable function and can be very helpful in assisting you with your injuries. However, when it comes to trial testimony, the testimony of a chiropractor seldom carries as much weight as the testimony of a medical doctor. The best arrangement in most cases is to first see a medical doctor and then see if they will refer you to a chiropractor.
Give Complete Information To Your Doctor | Bigger Idaho Injury Settlements Remember to tell your doctor about all your pains, discomforts, and limitations. Your doctor will determine whether the complaints are related to the accident. Some problems may seem minor, but relate to another injury in another part of your body. Your doctor will need this information in order to properly treat you. Try to be as accurate and objective as possible; under no circumstances should you fabricate or exaggerate any problems. Include the following types of information:
– Complaints of pain immediately after the accident and symptoms which developed within the first few days.
– Describe how the accident happened and what caused your injuries during impact (connect your injuries with what happened to your body during impact). For example, your head struck the windshield causing head injury.
– Symptoms that developed later and what symptoms you are presently having. How long each symptom lasted.
– Tell your doctor about any job related activities that affect your injuries and if your job performance is adversely affected. Your doctor then can determine whether your injuries prevent you from performing your job for a certain amount of time or permanently. If you return to work and find that your injuries are aggravated, return to your doctor.
Your doctor may recommend you stop work for awhile, or reassure you that working will not interfere or prolong your recovery. If your doctor recommends that you not work for awhile, the insurance company will require something in writing from your doctor indicating the time period that you are to remain off wor
All of this information will be useful for you to get a bigger Idaho injury settlement.
Payment of Medical Bills
Be certain to contact all your own insurance carriers immediately regarding payment of your medical bills. You may have medical payments coverage available through an auto policy. You might also have health insurance that can help. If it appears that your case is going to drag on for a while, contact your medical care providers and explain the situation to them. Most of them will cooperate with you. If you have a lawyer, ask your lawyer to keep them updated on the progress of the case.
Other Important Records Including Lost Income | Bigger Idaho Injury Settlements
Keep receipts from any prescriptions or medications that you have had to purchase and any other out-of-pocket expenses. Also keep track of mileage to see medical providers, particularly if you are required to travel significant distances to get treatment for your injuries. Some of these expenses may be reimbursable at the time of settlement with the insurance company.
Income Loss Verification If you lost any income through employment or odd jobs, those losses must be documented. You may also have wage benefits available under your auto policy, or another auto policy, such as the driver or owner of the car. In addition, if you were employed there might be wage loss benefits available through your employer or union. If you are going to be off work for any length of time, it is important to explore every avenue. In some cases, the loss of income may be one of the largest items of damage. This will help you get a bigger Idaho injury settlement.
Should I Hire An Attorney | Bigger Idaho Injury Settlements Does the following situation seem familiar? It starts out seeming simple. You have an auto accident, and the insurance adjuster for the at-fault driver is really friendly and helpful so you begin working with her about getting payment for your car. You don't feel like you get top dollar, and you were kind of mad that they didn't pay all of your rental car bill, but you figure you'll make up for it later when you settle your injury claim.
You decide to go it alone and negotiate a settlement of your injury claim, so you talk with a friend who was in an accident last year, and you pick up one of the books that are out on the market about handling your own injury claim. That should be all you need.
The insurance company wants you to give them a recorded statement, and you're not sure if that's right, but you go ahead. Then some issues come up about your coverage, and calculating your lost wages. Next thing you know, the insurance company wants you to be examined by a doctor they choose. You're not certain what to do, but you figure it will all work out in the end, so you go ahead, but then they tell you that they won't pay any more of your medical bills.
After a couple of months your back still hurts some, but you want to settle and get this behind you. The medical bills keep coming, and you are getting past due notices, so you get the insurance company to make you an offer. Then it occurs to you that you have a lot of nagging concerns, and don't know where to turn.
– Should I settle now even though my back still hurts?
– What about future medical bills?
– What if I miss more work when I have to go back to physical therapy?
– Was it right that the adjuster told me they didn't have to pay for my chiropractic care?
– What happens if I sign this form called a "Release?"
– Is the amount of money the insurance company is offering me fair?
Questions like these have resulted in many auto accident victims deciding they need a good personal injury lawyer. Auto accident claims can be complex. It is often to your advantage to have an attorney handling your claim who is knowledgeable in this type of claim and who can advise you about how to protect your rights. Without an attorney, you run the risk of making serious and costly mistakes. What
Can a Good Personal Injury Attorney Do for You?
– Evaluate your bodily injury claim to determine the amount of money that should be received for your injuries.
– Settle the property damage portion of your claim usually with no fee charged.
– Relieve you of much of the worry, inconvenience and paperwork involved in processing your claim.
– Lay the groundwork for a good settlement, and avoid mistakes before they are made.
– Resolve complex issues.
– Work with your doctors to obtain your medical records, reports & billing statements, and notify medical providers who to bill.
– When necessary, have our investigator immediately interview witnesses, take statements from the investigating police officer, and take photographs of accident scene.
– Skillfully negotiate a maximum fair settlement for you.
– File a lawsuit and present your claim to a jury, if necessary. Using this leverage with the insurance company can add to the value of your claim.
If the insurance adjustor and company know your lawyer is a capable trial attorney and that your lawyer is not afraid of going to trial if they do not offer a fair settlement, your chances of getting a bigger Idaho injury settlement will be substantially increased. There are some lawyers who are known in the legal community for always settling cases and never going to trial. Believe me, the insurance adjustors know this and they know they can get away with low ball offers and smaller settlements when dealing with a lawyer who never goes to trial. They know all they have to do is wait and the lawyer will cave in at the end and agree to settle the case. That is why getting a good lawyer, one who is well known and respected in the community as a good trial attorney.
What About Attorney Fees and Costs?
Most law firms charge a contingent attorney fee (a percentage of your money recovery) to handle auto accident cases. If there is no recovery, there are no attorney fees. Attorney fees charged for auto accident cases vary among law firms. Therefore, it pays to shop around to find not only an experienced lawyer to handle your claim, but also a law firm that charges a competitive contingency fee. As an example, a common fee charged by many firms is a 33 1/3% of the total money recovery if the case is settled without a trial; 40% if a trial occurs; and 50% if there is an appeal of the claim.
Studies have shown that having a good trial attorney well known in the legal community can increase your chance of a bigger Idaho injury settlement substantially. A good trial attorney will almost always pay their own fee by the increased value you will get from your case.
The important thing is to find an experienced trial lawyer who charges a reasonable fee. After all, you, the accident victim, deserve the lion's share of the settlement. It has been our experience that in most cases, a good personal injury attorney more than makes up for their legal fee. In other words, you receive more money even after the legal fee is taken out than you would have received without using a lawyer.
Bigger Idaho Injury Settlements
