| Q: |
How much is my case worth? |
| A: |
This one of the most difficult questions a plaintiff's attorney will get asked. Cases have value based on five areas assuming the liability, i.e. who was at fault, issue is clear. Plaintiff's in personal injury cases are entitled to five areas of damages. Those areas are as follows:
A. Past Medical Bills
B. Future Medical Bills
C. Past Lost Wage
D. Lost of Earning Capacity in the
E. Future
F. Pain and Suffering
There is no tried and proven formula to determine exactly how much a case is worth and it really depends on how the evidence comes in on a case. More specifically, whether or not there are any inconsistencies in testimony, medical records and other issues which would allow the insurance company's lawyer to take away credibility from the injured party's case. However, based on our track record of trying cases nationwide, we are generally able to come up with at least a "range of value" of cases after the attorney who is working the case has been able to get all the medical records and bills in and see how the client has finally improved or basically gotten worse since the time of the injury. Even with all that information it is very difficult for Plaintiff's counsel to come up with an exact figure but, typically, a range of value based on our vast experience in handling these types of cases can be determined.
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| Q: |
Why do we have to use my insurance company if I did nothing wrong to cause this accident? |
| A: |
Even when our client is in an accident that is based on the negligence of another person we still are able to make a claim for personal injury protection benefits, more commonly known as PIP. This is the classic "no fault" insurance that legislature designated to pay 80% of a person's medical bills and 60% of a person's lost wages, up to $10,000, whether they are at fault or not.
This situation can also occur when a negligent person causes an accident, and they are uninsured or underinsured and then you can make a claim provided you have paid a premium for that coverage with your insurance company. The short answer is that the client pays premium dollars for coverage in those issues and that is what it is there for when you need it.
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| Q: |
How long will it take to bring my case to a conclusion? |
| A: |
The answer to this questions also depends on the complexity of the case. In other words, the last thing we want to do is resolve a case while our client is still healing or does not have a good understanding on what their future medical condition will be. Every plaintiff's lawyer's fear is to allow the client to sign a release and then find out a short period of time after letting them execute the release, that they need future surgery or have massive medical bills still facing them. With that being said, typically the average premises liability/auto case or any other type of general negligence case is resolved within from 4 to 8 months after being signed up by the firm. Naturally, that time range is subject to fluctuation depending on the facts of the case.
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| Q: |
What does a "letter of protection" mean in my case? |
| A: |
In many instances people do not have insurance coverage or their PIP benefits are exhausted. When that is the situation some medical facilities and physicians are willing to take a "letter of protection." This is a document that gives the patient the ability to keep treating without paying for the medical bills at the time of treatment. These letters of protection typically, if accepted by the facility or physician, allow the patient to keep treating and once a recovery is made, the doctor or healthcare facility is reimbursed. However, it is always made clear to the client that even with a letter of protection in their medical file they are ultimately responsible for the medical bills in the event the case does not resolve as expected.
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| Q: |
I have full coverage, why am I not covered? |
| A: |
This statement is probably the most painful one that lawyers in our firm have to answer on a day to day basis. Typically, insurance agents will give a potential consumer a quote on whatever type of coverage the consumer asks for. Full coverage can mean a variety of things but, in regards to an automobile negligence case that would entail for purposes of recovering for injuries, PIP or no-fault, medical payment benefits and un/underinsured motorist coverage. The PIP coverage applies whether or not the consumer is at fault or not, the med pay benefits can make up what the PIP does not cover, i.e. 20% of the medicals, 40% of the lost wages, and beyond if extended coverage is there, and the uninsured or underinsured motorist coverage is probably the most important. Underinsured or uninsured motorist coverage allows you to collect from your own company in the event you are injured through the negligence of somebody who has little coverage or no coverage. Typically, we are asked this "full coverage" question in instance where a client of ours has been injured by someone who has no insurance and according their sales agent, our client thought they had "full coverage." It is unfortunate and is something we deal with on a day to day basis.
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| Q: |
What is MMI and a permanent impairment rating? |
| A: |
When treating with a doctor eventually we request a final narrative at the conclusion of your treatment. When we speak of conclusion of treatment, it means that when the treating physician has decided you are at MMI. This is an acronym for maximum medical improvement and simply means you are as good as you are going to get. That is not to say you are as good as you were before the accident, but your condition is stabilized and you have a loss. It is at that point that some doctors assign, and insurance companies request, a permanent impairment rating. This is generally done pursuant to AMA guidelines. Although it is technically not called for as a basis at trial in an automobile case, many automobile issuance companies like to have the impairment rating so they can evaluate the case.
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| Q: |
Why do I have to pay costs in the case? |
| A: |
This firm uses the standard Bar approved Contingency Fee Contract. That contract allows for several options. In regard to fees, it allows for 33 1/3% recovery prior to the filing of a lawsuit and an answer being filed by the defendant as well as payment of costs by the client. Typically, we are able to keep costs down to a minimum in the presuit and early litigation stage; however, as the case moves forward to trial the costs can be very extreme. This not something done by design on our part, it is just a fact of life in litigation across this country that once the insurance company gets involved in a case against the consumer, the costs run rampant. Our firm does have the resources to keep up with the insurance corporations in regard to these costs, however, ultimately they are paid by our client in the event of a recovery pursuant to the contract.
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| Q: |
Why am I responsible for my PIP deductible? |
| A: |
Legislature has deemed that in the no-fault or PIP statute that up to a $2,000 deductible is allowed by the insurance companies for sale to consumers. Although this is the largest deductible allowed, it is not mandatory. In other words, when consumers go to insurance companies to buy insurance they can elect to not have a deductible or have a deductible much smaller than a $2,000 deductible. Again, this is something that we hear extensively and it is hard for consumers to understand that in the event of an accident that is no fault of their own, the person who caused the accident has benefit of our client's insurance premium.
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| Q: |
Why do we have to "file suit" and what does that mean? |
| A: |
Filing suit is the actual act of filing legal papers at the courthouse. This is done only with the client's permission after all efforts have been made to resolve the case in presuit. Over the last 7 to 8 years the insurance industry has gotten extremely aggressive in defending these cases and we find ourselves in litigation more and more.
When a case is actually filed that does not mean that you will one day be walking up the courthouse steps with one of our lawyers. However, it does mean there is a possibility and although most cases resolve before trials, there is a possibility that once your case is filed it can go to trial. However, based on our experience we are able to keep the client educated as to their options during this entire process and although our firm tries more cases than any other firm, we still resolve a large percent of our client's case pursuant to their wishes for a variety of reasons.
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