Injury Questions:
I Was Hurt in a Car Crash. What Am I Entitled To?
You can make a claim for your property damages, your medical bills, pain and suffering, your lost wages and any other out of pockets expenses you have incurred because of the crash. If permanent injuries, future medical issues, future lost wages, and future pain and suffering.
What Is the Difference Between a “Bodily Injury Claim” and a “Personal Injury Claim”?
There is no difference. Bodily injury and personal injury claims are terms that are used interchangeably.
What Is a Bodily Injury/Personal Injury Claim?
It is a claim for your injuries, before a “lawsuit” is filed.
What Is “Pain and Suffering”?
Pain and suffering is the common term used for non-economic damages. These are damages for pain, suffering, inconvenience, mental anguish, physical impairment, disfigurement, anxiety, and loss of enjoyment of life because of your injuries. These are intangible damages.
How Is Pain and Suffering Calculated?
There is no formula or method for calculating pain and suffering, and it varies by the individual and the circumstances of the case. You should contact an attorney to help you understand and help you recover full value.
What Are “Lost Wages”?
If you miss time from work because of your injuries, you can be reimbursed for the time missed.
How Do I Prove “Lost Wages”?
You should provide the dates, times, and reasons you missed work. You should provide doctor’s notes or disability slips showing that you were not able to work. Provide a supervisor’s contact information who can verify that you were not able to work. Proof of income, like paystubs or W2s, can also be helpful.
I Get Sick Leave Paid by My Employer. Can I Still Make a Lost Wage Claim?
Yes! It is irrelevant that you have paid sick leave.
I Don’t Have Sick Leave, but Have PTO And/or Vacation Days?
That is fine to use, the law does not care what leave you took.
I Was Hurt in an Accident. What Is My Case Worth?
Many factors are considered in valuing a case and an injury. There is no legal formula for determining case value. For example, you will want to be fully reimbursed for all medical bills, lost wages and out of pocket expenses resulting from your injury. In addition to that, you can recover for pain and suffering. All of these factors will contribute to your case value.
Can I Make a Bodily Injury Claim if I Do Not Go to the Doctor?
It is extremely difficult to prove injury without medical documentation. If you are injured or in pain after an accident, you should go to the doctor right away.
Do I Need a Lawyer if I Am Not Injured?
Most lawyers who handle car accidents are injury attorneys and will not get involved unless there is an injury and medical care is involved. If you are unsure of whether you need an attorney, contact Potter Burnett Law for a free consultation.
Will the at Fault Insurance Company Pay My Medical Bills?
When you make an injury claim, the insurance company will not pay the bills as you incur them. The insurance company makes a one-time, lump sum payment. You can never reopen the case or seek a second payment. – One check, one check ever. This payment should include all medical expenses, lost wages, pain and suffering, other out of pocket expenses you have claimed, and any future expenses.
How Do I Pay My Medical Bills After a Car Crash?
You may have PIP (personal injury protection) and/or Med Pay coverage through your car insurance that will help pay bills. After PIP or Med Pay is exhausted, you should have your bills paid by your health insurer. If you do not have health insurance, you may need to work out an arrangement with the medical providers to be reimbursed at the end of your case.
Why Should I Have My Health Insurance Pay My Bills if Someone Else Is at Fault?
The at fault insurance company makes a one-time lump sum settlement payment and will not pay your bills as you incur them. To avoid bills going to collections, or having to pay out of pocket, you should have your own health insurance cover the bills. Your health insurance provider will have a right to be reimbursed out of any settlement you receive for the bills they paid (this is called subrogation).
Why Do I Have to Pay Health Insurance Back After I Get a Settlement?
Generally, health insurance has a right to be reimbursed out of the settlement for medical bills they paid related to the accident. This is because your insurance settlement includes reimbursement of medical bills. If health insurance paid those bills for you, they have a right to be reimbursed. This process is call subrogation.
I Want to Settle My Case, but I May Need More Medical Care in the Future. What Do I Do?
The insurance company gives one check, one check ever. If you are seeking future medical care, you usually need proof that you have a permanent injury and medical documentation stating the type and cost of medical care you will need in the future. If you are concerned about having a permanent injury or requiring future medical care, you should consult with an attorney.
** FAQs are not a substitute for legal advice and should not be relied upon. **