Find Your Personal Injury or Car Accident Attorney Using Four Simple Tips
by admin on January 27th, 2010
filed under Personal Injury
It can be a very frustrating process trying to locate the right attorney to handle your case; after all, you may not know what you need to find in him/her. The majority of people have never needed to employ or retain a car accident lawyer or know of someone who’s had to hire one. For that reason, finding one can be difficult since they have no idea what they need to look for in an attorney. Don’t make the process hard for you any longer; here are several things you need to be on the lookout for when trying to find an attorney for your case.
For starters, you’ll need to retain a personal injury lawyer who has handled plenty of cases involving car accidents. Attorneys who take on these kinds of cases will need to study the case law, research and gather various kinds of information. When you retain an attorney who is well versed with these cases, they will already have this knowledge and have an idea of how they want to proceed than those personal injury attorneys who’ve never handled an automobile accident case.
Many law firms have more than one attorney in their office; make sure to find out who will handle your case. Often times, junior attorneys or law clerks will be in charge of handling the grunt work and research material; however, you will have an accident lawyer to handle your case. Don’t let this keep you from hiring the firm. Doing basic research doesn’t require a lot of knowledge. The person you interview should be the person that takes on your case and will keep you abreast of everything going on and answer questions when you have them.
You should retain an attorney you feel absolutely comfortable talking to and working with. You’ll need them to know all the details of the case so that they can give you the best representation possible. Personal details can be rather hard to discuss so find yourself an attorney who puts you at ease and can listen to the situation without any judgment.
Lastly, find out how often the attorney will contact you with updates regarding the case. If you desire to be informed about the case often, let your attorney know. The worst thing for any person dealing with litigations is to not know what’s going on with their case. Find out how often they’ll update you, who will apprise you of the situation and how fast they’ll return your phone calls. You’ll want to retain an attorney that will keep you in the loop about your vehicle accident case.
Florida Car Accident: Settlement Question
by admin on January 26th, 2010
filed under Personal Injury
The following is an expert answer given by Florida Auto Accidents Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:
Question:
One month ago, in my vacation time, somebody hit my car from rear. The car was called total loss and I got paid for that. There was a little pain in my back for a few days. I needed to go overseas so I did not seek medical examination and treatment. While overseas, I got a medical examination (x-ray and MRI), the results were all OK and I paid only a very small percent of the actual fees.
When I got back, the insurance company contacted me and offered $300 for settlement. In the pain and suffering perspective, I am OK with the offer. But, although I was out from my company with a paid leave, I have losttime from my holiday time due to time spent in and after accident (medical examination, buying a new car etc). The insurance company’s adjuster told me that, as I was on vacation, they are not going to compensate that.
It does not sound meaningful to me so I wanted to take advice from an expert.
Thank you.
Answer:
I am an attorney in Florida, so I can only speak about what type damages you can recover in a Florida car accident. If you were injured in a Florida car accident, you can recover damages for medical bills, lost wages, and pain and suffering, and any other out of pocket expenses incurred as a result of the accident. Based upon an impact which totaled your car, an offer of $300 is very low, however their offer is going to be based upon whatever injuries you suffered and the amount of medical care you have received.
Your email states that you have lost holiday time due to time spent from the accident. If you accrue that time, and can be paid whatever time you have accrued if you were to leave the company, then that is an out of pocket expense that you have incurred and the insurance company should have to reimburse you. If the time you are referring to is just your vacation time, and you would have been taking that time regardless of the accident, then the insurance company is probably not responsible for paying you for that time. It sounds like the insurance adjustor may be confusing the vacation time being used when the accident occurred, with time spent after you returned from vacation for medical visits and buying a new car.
As for pain and suffering from a Florida car accident, Florida Statute section 627.737 states that “a plaintiff may recover damages in tort for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of the ownership, maintenance, operation, or use of such motor vehicle only in the event that the injury or disease consists in whole or in part of:
(a) Significant and permanent loss of an important bodily function.
(b) Permanent injury within a reasonable degree of medical probability,
other than scarring or disfigurement.
(c) Significant and permanent scarring or disfigurement.”
The value of your claim depends on a combination of factors such as any lost wages you may have suffered or may suffer in the future, money paid for medical bills, bills that remain outstanding, or medical bills you may have in the future, and pain and suffering, past and future. So, if you only received a small amount of medical care, I am guessing that there has not been a doctor that has stated you suffered a permanent injury as a result of the accident. Without that type of medical opinion, you are not entitled to recover damages for pain and suffering. This is most likely the main reason the adjustor is offering such a low amount.
Your state may have different laws, so it is important to check with an attorney specializing in auto accident claims in your area if you intend to pursue the claim further. My suggestion would be that if you are still experiencing any problems from the injuries, and want to get more medical care, do not settle the case for $300. Settling at this point would require you signing a General Release which would bar any claims down the road in the event your injures did not go away on their own. But, if you are going to get more medical care, you should do so now; don’t wait.
If you are in Florida, I would be happy to discuss your claim further. Most car accident personal injury lawyers will meet with you for a free consultation before you decide to hire a lawyer. If you are out of Florida, you should definitely try to speak with an experienced car accident personal injury lawyer before you settle your claim.
Good Luck.
For more answers to questions about a Florida car accident, contact the Florida auto accident lawyers at Joseph M. Maus, P.A.at 1-866-556-5529 or email them today.
How to Get Better Medical Care for Your Injuries and IncreaseThe Value of Your Case
by admin on January 25th, 2010
filed under Personal Injury
YOU ARE IN CHARGE OF YOUR HEALTH CARE TEAM!
Before every doctor’s appointment, you should write down, in the order of importance, all of your concerns, questions, and medical problems. If your doctor interrupts you, be sure you return to your list of problems and concerns. Make sure you get answers to all of your questions before your examination is over.
TAKING CHARGE
1. Want Answers? Ask Questions!
If you have questions-and, yes, you should have many-ask them of your doctors, nurses, therapists, and other health care providers. Don’t be timid or shy. You are the one who is most concerned about your health care, so be sure to ask questions-and lots of them. When it comes to your health, there is no such thing as a dumb question.
In fact, it’s a good idea to start a health care notebook to keep a record of your visits, symptoms, side effects, pain, complaints, all the medicines you take, your questions, and the answers you receive. Plan to ask questions about your current condition and what to expect about your future care. Don’t be afraid to ask, “Why?”
Bring your notebook to all of your appointments so that you won’t forget anything. Write down all the answers the doctor or other people give you. Don’t feel rushed. This is the time to get the answers you need. If you do not have time to write down all of the information during the appointment, make sure you make notes immediately afterward-preferably in the waiting room of the health care professional’s office, while the information is still fresh and clear in your mind. There is a lot to keep track of, so keep a thorough written record of everything.
It you do not understand something, say so. Doctors are often in a hurry, but it is part of their job to listen to you and give you all the information that you need. Your doctor wants you to understand everything so that you can do your part and actively participate in getting well. If you still don’t understand something, keep asking questions.
2. Do Not Be Intimidated by Your Doctor
Make a list of what you need to talk about and stick to it. You should always maintain eye contact when talking with your doctor. This will show that you are very serious about participating in your care and treatment. Do not let the doctor avoid answering your questions or make insensitive comments that go unchallenged.
3. Tell Your Doctor Everything
Be honest and detailed. Do not tell the doctor what you think you should say or say you are doing better than you really are. You should be completely honest about everything you are feeling, experiencing, and thinking. Talk about your current condition- what is changing, what is better, what is worse, and how you are progressing. Tell the doctor about other conditions you experience, what times of the day the symptoms occur, what activities cause you the most discomfort, and discuss all the medicines you are taking. If you think a medicine may be causing a problem, mention it. If you feel things are not progressing quickly enough, say so!
Be completely honest about your health habits. If you miss taking your medicine, say so. Tell your doctor exactly how much and how often you smoke, drink, exercise, and what you eat. Tell your doctor if you have been depressed or anxious. Your doctor can only provide you with the best treatment-treatment developed especially for you-if your complete medical history is known.
4. Tell Your Doctor If You Are Unhappy with Your Medical Care
People will often keep negative comments to themselves, fearing that complaints will create a bad doctor-patient relationship. In fact, most doctors respect open and honest communication, and communicative patients often receive better health care.
5. Keep All Your Health Care Professionals Informed
Tell each health care professional about the other health care providers you are seeing, what they are doing for you, and what they are telling you. Whether you are receiving acupuncture, physical therapy, or another treatment, each provider on your team needs to know the big picture in order to provide you with the best care. You are the only person who knows everything that is going on, so you should keep everyone on the team informed about your complete medical situation.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.