St. George Attorney: What do we do if my Case does not Settle?

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St. George Attorney: What do we do if my Case does not Settle?

Question: What do we do if my Case does not Settle?

St. George Attorney answer:

If the insurance carrier cannot agree with your attorney on the value of a settlement for your case, a lawsuit may be necessary. A lawsuit is also called litigation. The suit will be brought against the entity that is responsible for your injuries, not the insurance company.

Your attorney might suggest waiting for a while before beginning the litigation, hopefully to result in the insurance company increasing the valuation of your case. But in cases where there is a large discrepancy between the value demanded by your lawyer, and the one offered by the insurance company, litigation is necessary.

What factors would cause my case to go to litigation?

There are several reasons that a case may go to litigation:

  • The insurance company believes that you and your lawyer have asked for too large of a sum of money, and they do not agree to pay it for your claim.
  • Liability or “fault,” for the claim is being denied by the insurance company, or they believe you or another party than their insured holds some responsibility for your injuries.
  • The insurance company may resist paying your claim because of internal policies that force claimants to go through the lawsuit process.
  • The insurance carrier is dragging their feet, hopeful that you and your attorney will propose a reduced value of the claim for settlement.
  • The insurance carries might not believe you are injured, or might believe your injury is less severe than you claim. In this case, the insurance company will want you and your lawyer to proceed to litigation so that you will need to prove your injuries in court.

 

How does a lawsuit affect me?

If a lawsuit becomes necessary, your St. George attorney will help you by explaining in detail what will need to happen to get the process going. It usually involves the following steps:

  • Your lawyer will file a claim in court by preparing a “Summons and Complaint,” after all final investigations and preparations of the case. Your attorney will take care of this in his or her office without needing to involve you.
  • The Summons and Complaint is served upon the entity or person that caused your injuries. This responsible party will be referred to as the defendant in this document, and you will be called the plaintiff.
  • After the defendant is served with the Summons and Complaint, their insurance company will provide an attorney to defend the lawsuit, and that attorney will file an “Answer to Complaint” with the court. The Answer to Complaint will usually deny fault for the injuries , or deny the severity of your injuries. It may even bring up other parties that may have been involved in the incident that caused your injury.
  • At this point, the discovery process begins. This is the process in which both parties seek for additional information from each other. You will be involved in this process with your attorney’s help. The following might occur:
    • Questions, or “interrogatories,” that need written documentation of answers.
    • Oral testimony from you and other parties involved in the case. These are called “depositions.” These testimonies take place in front of both lawyers, with a court reporter transcribing all the questions and answers.
    • Your attorney and the other attorney may make “requests for production of documents.” These documents include medical reports, statements from witnesses, bills, lost income documentation, and any other information relating to your personal injury claim. Your lawyer will often have to send all of this documentation to the other lawyer even if it has already been provided to the insurance carrier.
    • A possible “Request for admissions.” This process requires each party involved in the litigation to narrow down the issues at hand by admitting any facts that are not in dispute and can therefore be eliminated from the case.
    • Trial preparations such as video depositions of your medical practitioners or witnesses. Your attorney may also need to write briefs or appear before the trial judge in preparation for the trial.
    • Finally, the trial will occur on the trial date that has been set if your case does not settle before then.

Is it possible that my case will settle in the period before the trial date?

Yes, it’s possible. Cases often come to settlement during the process of the lawsuit before the trial date, but a small number of claims do proceed completely through the process to trial. It’s basically impossible for your attorney to guess when your case will settle, or if it will happen before your trial occurs.

St. George Attorney: How will my lawyer be paid and what is a contingent fee agreement?

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Question: How will my lawyer be paid and what is a contingent fee agreement?

St. George Attorney answer:

Your St. George attorney, as will most personal injury attorneys, will be paid with a percentage of the court award won in the final settlement on your injury case.  You will agree upon the percentage with your attorney using a contingent fee agreement. This document is a written contract, required by law, which protects you and your lawyer, specifying the fee your attorney will charge so that there is no misunderstanding about the cost of your case.  In most cases, the contingent fee agreement specifies that you will not have to pay your attorney for services unless your case is settled in your favor. Until the verdict occurs, you do not pay your attorney. The contingent fee agreement helps to ensure that your attorney will work hard for you and your case, in exchange for the portion agreed upon. However, you are responsible for out-of-pocket expenses and attorney’s costs in the event the case is not won or settled favorably. This is explained below.

What other costs will there be in addition to attorney’s fees?

The fee paid to your lawyer covers his or her time, effort, and expertise on your behalf. In addition, the fee covers some built-in costs such as secretarial hours, rent, supplies, and other overhead expenses.  Keep in mind that there will be some out-of-pocket costs besides your attorney’s fees that will be incurred along the way regarding your case. Here is some of what you can expect:

  • Charges for printing medical report documents from doctor’s offices and hospitals

Medical offices may charge a few dollars for copies, or even up to $100 or more for detailed reports that must be prepared with the expertise of your doctor or medical practitioner.

  • Costs for photocopies

Insurance companies require copies of all medical documents, police reports, witness statements, and lost wage information from your St. George law firm.  Your law firm pays for the copies, but will be charged a reasonable fee for each page.

  • Long distance phone calls

If your lawyer is charged for long distance telephone calls, you will reimburse the firm for these costs.

  • Costs of photos

Photos are very important as evidence in your personal injury case. You will be responsible for any cost for your attorney to copy or enlarge any photos.

  • Expert reports

If any reports are required from any experts other than physicians in your case, you will be responsible for the cost of these.

  • Costs of Litigation

In the event that your case escalates to suit or litigation, you will be responsible for the costs incurred for filing the lawsuit.

Are the attorneys’ disbursements and costs also contingent? Do they have to be paid up front?

The costs described above that are in addition and separate from your attorney’s fees are your responsibility throughout your case. These must be paid whether or not your case is settled in your favor. So, although your attorney’s fee is contingent on whether you win the case, the out-of-pocket costs as the case progresses are not contingent. They are your responsibility. Your attorney may require payment of these as they are incurred, or up front.  This is because it is not financially reasonable for your law firm to “finance” personal injury cases. The law requires that such expenses are to be paid by the client even if the case does not settle in a court award in their favor.

St. George Attorney: What Will my Attorney Do to Handle my Case?

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What Will my Attorney Do to Handle my Case?


Question: What will my attorney do to handle my case?

St. George Attorney Answer:

After you initially meet with your attorney and they become familiar with the case regarding your accident in St. George, Utah, your attorney will investigate your claim further. This means they will review:

  • Statements from witnesses
  • Police reports of the incident
  • Possibly a visit to the scene where the incident occured
  • Review of relevant statutory law (law passed by local legislature)
  • Review of relevant case law (laws interpreting statutory law)
  • Review of all reports from medical professionals
  • Review of all medical records
  • Possibly hiring an investigator to further research the details of the incident.

In addition, your lawyer will get in touch with the insurance company for the person or company that caused your injuries. Once your attorney has made this initial contact and investigation, he or she will keep in touch with you. Your lawyer will assist you in ensuring:

  • You are following the orders of your doctors and other medical professionals.
  • You are doing all you can to improve and heal from your injury.
  • You are giving your attorney copies of your medical records of all bills related to your injury.
  • You are keeping and providing records of any wages lost due to your injury.
  • You have records of any witnesses relevant to your claim.

Your St. George lawyer will obtain relevant medical records with the use of the authorization forms that are mentioned below.  He or she will then review the records that arrive from your medical practitioners and keep your case up to date.

To Help Your Lawyer with Your Case

The top priority for you in helping your case go smoothly is to make sure your lawyer has copies of your medical bills, expenses, and loss of wages in relations to your injury. These are additional things you can do to help:

  • Return phone calls from your attorney right away.
  • Read and respond to all messages from your attorney.
  • Attend all appointments with doctors and medical professionals.
  • Keep careful records of bills and lost wages related to the injury, as previously described.
  • Keep track of all witness that may be able to testify regarding the incident or your injuries.
  • Take any photographs that your lawyer asks you for, and keep careful record of these, including copies and negatives or digital files.
  • Communicate with your lawyer immediately if you have any change in contact information such as address, email address, or phone number. Also let your lawyer know if marital status or employment status changes, or if you have any dramatic change in your health.
  • Be candid and honest when answering any questions from your lawyer.
  • Review and sign all forms requested by your lawyer.

Why do I have to sign so many forms?

Your personal information cannot be released doctors, hospitals, your employer, or anyone else without your signed authorization.   It is against the law to release your personal information, medical and otherwise, to your lawyer or anyone else without the proper documentation, and that must be signed by you.  Your lawyer will ask you to sign all of the necessary forms so that he or she can obtain the records needed for your claim.

St. George Attorneys: How do I Keep Track of all my Bills?

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How Do I Keep Track of My Medical Bills?


Question: How do I keep track of all my bills?

St. George Attorney Answer:

It is very important to keep track of all of your medical bills after your injury from

your St. George, Utah car accident. Here is how to keep accurate records of your

bills:

  • Ask for a bill from each visit to a doctor or any medical treatment.

Keep a record of all of your bills from all of your medical visits, including doctors,

hospitals, physical therapists, chiropractors, or any other medical facility.

  • Keep all prescription bills and receipts.

Save copies of any charges from the pharmacy for any medicine that you buy due to

your injury.

  • Keep a chart or spreadsheet with all of your expenses related to the injury,

and make sure to keep track of dates as well.

Make a separate record with the dates of each medical treatment or prescription, as

well as the costs, including how the expense was paid (by you or by insurance). This

is very important because it allows you to have a detailed record of your injury

expenses all in one place. This will make it easier for your attorney to help you.

  • Get a copy of each medical bill, pharmacy bill, or other bill related to your St.

George injury to your attorney.

It is crucial that your attorney has copies of all medical bills, as well as your medical

bill chart or summary when your case is ready to be resolved. Whether or not your

lawyer receives copies of bills from your medical facilities, it is very important to

double check that he has all records so that you can receive the maximum value for

your injuries during your settlement. If your attorney is missing any bills or

records, your case may settle for much less than it is worth.

  • Maintain records of medical bills, even if your health insurance carrier pays

them.

If your health insurance carrier pays or processes some of your medical bills, you

must still keep records of all of the expenses paid, regardless of the payer. Keep

copies of the bills, and keep track on your expense chart or summary. Also provide

copies of these to your St. George attorney.

St. George Attorneys: How Do I Pay My Medical Bills?

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St. George Attorneys: How Do I Pay My Medical Bills?


Question: How do I pay my medical bills after a car accident?

St. George Attorney Answer: Paying medical bills after an auto accident can be tricky business. The bills will likely get paid by a variety of sources. Each source may have to wait to be paid back until the case is completely resolved.

  1. The first payer that will kick in with a Utah Car Accident is the PIP coverage on the vehicle you were in when the accident occurred. This coverage will be primary. Most drivers carry PIP coverage of $3,000 per person. That is the state minimum. Some insurance companies will sell up to $100,000 in PIP benefits.
  2. The second payer will typically be any other PIP policy that is available to stack. For example, if you are a passenger in a friend’s vehicle and the two of you are rear-ended. Your friend’s PIP would kick in first. Let’s say he had $3,000 in coverage, but you had $5,000 on your own auto insurance. Your own policy may allow a supplemental stack or a true stack. A supplemental stack would give you an added $2,000 in the above example, and a true stack would give you an added $5,000 on top of the $3,000 you already got from your friend’s policy.
  3. Health Insurance will kick in after PIP benefits have been paid. If you have three separate health insurance policies, the first to kick in will typically be the one paid for by your employer, then the one paid for by you, then one paid for by a family member if the policy applies to you. Health insurance is extremely important in these situations and it serves as a great benefit to the injured party. It is important to remember that your PIP benefits do not count toward your health insurance deductible.
  4. Your own personal funds if you were not insured and are able to pay medical bills as they are incurred. Injured parties will need some cash on hand to navigate through this process, particularly if they do not hire an attorney.

Question: How Do I Get Medical Treatment if I Don’t Have Any Money?

St. George Attorney Answer: It is important that you always inform your medical providers that you are seeing them because of injuries related to a car accident. Many doctors, hospitals, chiropractors, etc., will see you on what is called an Attorney Lien. Seeing you on a lien means that your provider will hold out their bill for payment until your case has been resolved. That way, you don’t have them sending you invoices every month. Doctors typically will not see you on a lien unless you have an attorney. This is because they want an experienced attorney to be able to analyze your case and tell them that they can treat you with confidence because they will eventually be paid.

Question: Why won’t the insurance company for the person who caused my injuries automatically pay my medical bills as they occur?

St. George Attorney Answer: Simply put, the law does not require them to do this. The law requires that the tortfeasor (the party responsible for your injuries) makes you whole. The insurance company seeks to do this in one lump sum. They want to wait until all of your treatment is complete before they pay a dime. This helps them in many ways. It pinches the injured victims financially and thereby forces them to incur less bills than they may have otherwise. It also give the insurance company an opportunity to analyze your case as a whole so they can attack it better. There are tons of different varieties of pitfalls that injured victims may fall in after an auto accident. In order to get maximum recovery, your recorded medical treatment needs to be nearly flawless. Only an experienced injury attorney can help you ensure that happens.

In summary, if you get to the right doctors, and you have an attorney that gets liens set up, you have good PIP coverage, and health insurance, the months following a car accident may not be so bad after all. However, missing any of those four key ingredients can make getting a fair recovery nearly impossible. If you hire McMullin Injury Law, our focus will be handling all of this nonsense. That way, your focus can be on getting back to optimal health.