QUESTIONS? Real Help From A Northern Kentucky Personal Injury / Wrongful Death Lawyer. Get Immediate Answers To Your Legal, Medical and Financial Questions Following an Accident.
If you have been injured or lost a loved one in an accident, you are probably looking for answers to some or all of the following questions:
What is PIP or "No Fault"? Get your medical bills and lost earnings paid immediately.
Clients are often confused by PIP. Kentucky law provides each occupant of a vehicle an automatic $10,000 (more in certain circumstances) to cover medical bills and lost wages. This is provided by the insurance company of the car you are occupying or your own policy. If there is another person at fault for the injury, then your insurance company will be reimbursed from the insurance company that insures the at fault person. Generally, your doctors and medical providers will send their bills directly to your insurance company for payment. In certain circumstances you can receive a check directly from your insurance company for the bills you have incurred. PIP pays regardless of who’s at fault. That’s why it is often called "no fault" coverage. PIP is a good way for injured persons to receive the treatment they need even if they don’t have health insurance.
If I collect PIP money can I still make a claim for more? Yes, PIP is just a way to get some of your medical bills and lost wages paid now. You can still make a claim against the at fault company for excess medical bills and lost earnings as well as pain and suffering and emotional distress.
If you have any questions regarding PIP you should contact our Northern Kentucky Personal Injury Attorneys for more information.
How do I know if an insurance company is giving me truthful answers about my case? Learn about the games they play.
Northern Kentucky Personal Injury Attorney asks: Is the Insurance Company Playing Games with Your Accident Claim?
The last thing most people think about after being seriously hurt in a car, bus or tractor trailer accident, is fighting with the insurance company. After all, aren’t these the very people who are supposed to be giving YOU money for your injuries – not trying to nickel and dime you?
How do insurance companies take advantage of injured individuals with accident claims? There are several ways that insurance companies work hard to maximize profits at YOUR expense:
Hire cheap, inexperienced claims adjusters. Have you ever had the feeling that your claims adjuster just doesn’t know what he or she is talking about? This is because very often they don’t. One way that large insurance companies save money is by hiring cheap, inexperienced adjusters. If you are dealing with one of these adjusters, all you’ll get from them is a flat out denial or a paltry payout pre-determined by a computer program, regardless of your personal situation.
Use standardized claims adjustment software. Sounds like a great idea, right? For the insurance companies, absolutely. Standardized software allows insurance companies to decide how much they will pay out on each type of injury claim so they can keep costs down. What this means for you is that your compensation is based on a software algorithm, not what you really deserve. How is that fair?
Keep a law firm on retainer. Why, you might wonder, would an insurance company need to have a law firm on retainer? To fight against YOUR claim, of course! This is one of the dirty little secrets of the insurance industry. They use lawyers to fight even small claims, because most people don’t want to enter into a long, drawn out legal battle just to get paid fairly after an accident.
Deny claims, or pay out as little as possible. Considering their profit motive, it should come as no surprise that insurance companies try to avoid paying claims whenever they can.How do they do this? They use the “three D’s”: Deny, Delay, Defend. They’ll try to deny your claim, hoping you’ll go away and leave them alone. If that does not work, they’ll delay paying you, hoping to wear you down so you give up or accept a tiny settlement. Finally, if all else fails, they’ll get their lawyers involved and tie your case up in court.
If you find yourself fighting with an insurance company after being seriously hurt in car, bus or tractor trailer accident, then do yourself a favor – hire a lawyer with proven experience to handle your injury case. Trust us – you just don’t have the resources needed to effectively beat an insurance company at their own game, but we do. Please do not hesitate to call our Northern Kentucky Personal Injury and Wrongful Death Attorneys.
Should I give a recorded statement to the insurance company? Learn how it will be used against you.
The insurance company wants me to give a written or recorded statement - What should I do? Northern Kentucky Personal Injury and Wrongful Death Lawyer offers these suggestions.
After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement."
Be very careful about what you tell the insurance adjuster. Especially if you don't have your own lawyer yet.
In fact, it is a good idea many times not to give a recorded statement at all. Why? Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on.
Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.
One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on. The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time.
When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case. The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people.
Do you want to know if the insurance company is trying to trick you?
If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:
1. Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?
2. Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?
3. Before you take my statement, may I see a copy of your investigation file for this case?
4. Before you take my statement, can I take a recorded or written statement from the person who hit my car?
5. Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?
Most insurance adjuster will not answer these questions or follow-through with the commitments in the questions. That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim. They are trying to minimize what they owe you.
Don't fall victim to the insurance company traps. If you have any questions, please contact our Northern Kentucky Personal Injury and Wrongful Death Attorneys.
What common mistakes do people make that hurt their personal injury case? The TOP 5 MISTAKES are identified here.
Northern Kentucky Personal Injury and Wrongful Death Lawyer identifies the TOP 5 MISTAKES people make which ruin their personal injury case, and how to avoid making them in your case.
Mistake #1: Agreeing to give the insurance company a "recorded statement." This is always a bad idea, especially if you have not consulted with a lawyer. Insurance representatives are highly skilled in manipulating you into stating things in ways that hurt your case. And you do not even know that your own words are killing your case. The insurance companies do this every day, and they are very good at it. Odds are, you have never been through this process. The insurance people know this and they take advantage of this unequal playing field in every possible way. How to avoid this mistake: Do not agree to give any recorded statement until you have consulted with an attorney. A qualified attorney will know whether or not you need to give a recorded statement (most of the time you do not need to do it), and if you do end up giving such a statement, an attorney will be with you and make sure the insurance company does not unfairly manipulate your statement.
Mistake #2: Delaying medical treatment because the insurance company has promised to "take care of you." You (and many, many others before you) think this means they will help you with your medical treatment. Nonsense. No insurance company has ever helped an injured person get medical treatment. The insurance company is hoping to string you along for as long as they can, hoping you delay your medical treatment. They do this because they know that if you ultimately hire a lawyer and file a lawsuit, this "treatment gap" will severely hurt your case. Their lawyers will point to this and say, "look, if Joe was really hurt, wouldn't he have not waited 2 weeks before seeing a doctor?" The insurance companies and their lawyers know these treatment gaps will hurt, and maybe kill, your case, so they try to manufacture these gaps themselves up front. How to avoid this mistake: Get the medical treatment you need as soon as you can. Do not wait for the insurance company to help you with anything, because they won't.
Mistake #3: Agreeing to see only "company doctors." Many times, insurance companies involved in your case will imply that you can only see the doctors they select. This is never true. You can ALWAYS see your own doctors. The insurance companies hope you do not realize this, and they hope you are seen only by their doctors. This will definitely hurt your case. They screen the doctors who they want you to see, and they pay them, and the doctors know who is paying them. Company doctors are paid to say you are not injured, it's as simple as that. How to avoid this mistake: See doctors of your own choosing, who you trust. Do not rely only on insurance-paid company doctors.
Mistake #4: Not being truthful. During your case, there are many people with whom you could be less than truthful. No matter who it is, it ALWAYS a bad idea to do anything but tell the complete truth - even if you think it will hurt your case. Even the slightest shading of the truth could easily wreck your entire case, because your case is highly dependent on your credibility. How to avoid this mistake: Be truthful to your lawyer, to the insurance company, to the insurance lawyer, to the jury - to everyone.
Mistake #5: Deciding whether to settle your case without consulting a lawyer. The insurance companies hope you never consult with a lawyer. They know that a lawyer will know far more about your rights than you do. So they strike fast - usually within days of your accident. They act like they are on your side, and that they want to help you. But nothing could be further from the truth. They care about nothing other than paying you as little as they can, and hopefully nothing at all. They will try to entice you by offering you an amount of money up front that may seem like a good deal to you, but they know you are entitled to much, much more. But you don't know that, because you have not had the benefit of talking to a lawyer. You better believe the insurance companies consult with their armies of lawyers all the time. How to avoid this mistake: Very easy - consult with a lawyer before you decide to settle your case. You don't even have to hire the lawyer. At least by talking to a lawyer you will be better informed than if you don't.
If you have any questions, please contact our Northern Kentucky Personal Injury and Wrongful Death Attorneys
How much is my case worth? Learn how cases are assigned value.
Northern Kentucky Personal Injury and Wrongful Death Attorney explains how lawyers and insurance companies determine settlement value for injury and wrongful death cases in Kentucky.
Our firm gets hundreds of questions from clients every month. Of all the questions we get, the most common question seems to be "What is my case worth?". How much will my settlement be? The question makes sense and is a perfectly reasonable thing to ask. After all, if you are injured by someone's negligence, it may have a negative impact on your finances. If the injury is serious, the impact may be devastating.
For example, we represent a lot of people who get hurt and cannot work anymore as a result of their injuries. Or, they cannot go back to the same job making the same money. In such cases, there is a devastating financial loss that must be accounted for an paid back, assuming the other party is truly responsible.
In Kentucky Wrongful Death cases, the death of a loved one may mean that in addition to the mental and emotional loss, the financial contributions of that person are lost forever. Again, this can be a devastating loss.
A good personal injury and wrongful death attorney will know how to properly evaluate all your losses, and to present that case to the insurance company. Or, if the case goes to trial, the attorney will know how to present the evidence to the jury.
What kind of losses and money does Kentucky law allow me to recover in a personal injury or wrongful death case? Different cases may have different types of damages you can recover, but generally, in a Kentucky personal injury or wrongful death case the plaintiff can recover:
1. Medical bills;
2. Medical bills that are reasonably necessary for future case;
3. Lost wages;
4. Lost future wages that will happen in "reasonable probability;"
5. Mental anguish;
6. Mental anguish that will happen in the future, in reasonable probability;
7. Physical pain and suffering;
8. Physical pain and suffering that will occur in the future, in reasonable probability;
9. Disfigurement;
10. Damages for future disfigurement;
11. Impairment;
12. Impairment in the future.
So how do I figure out what my case is worth? Any attorney who tells you at the beginning of your case what it is worth should not be trusted. It is simply not possible to determine the value of a case until most or all of the facts come in and the proper experts review the case. However, an experienced personal injury and wrongful death attorney may be able to give you a general range for settlement value early on, or let you know settlements in similar cases. To do so, an attorney will need to meet with you and figure out all the different aspects of your case, who is at fault, what the total damages are, and compare that information with other similar cases to come to a good, reasoned evaluation of your case.
One last thing to consider.
You should NEVER listen to the insurance company, or the negligent party, when trying to determine the value of your case. They will always "low ball" you. It would be like allowing a used car salesman to set the price for a car you want to buy! Just not a smart idea at all.
Can I settle my personal injury case and keep “open medical” for the future? Usually not, here’s why.
We get this question a lot, from clients and from non-clients. People are concerned that their medical condition from their injuries may deteriorate in the future, and they want to have a provision in their settlement that says the company will pay for that medical care if that happens.
Unfortunately, in most cases you will not be able to have any type of "open medical' provision in your settlement. Corporations and insurance companies do not want to subject themselves to that type of future risk. There are exceptions, however, they are few and far between. In Kentucky the PIP or “no fault” money may remain open even after you settle your case.
If you don't have a lawyer, you need to understand the reality of this situation.
If you have a lawyer and your case is on file, make sure your lawyer is asserting a claim for future medical bills. This is a claim in which you say that you expect to have future medical treatment due to your injuries, and you state how much those bills will be. If your case goes to a jury, the jury will be entitled to award you for your expected future medical bills. This is as close as you will likely come to arranging for any type of "open medical" on the company responsible for your injuries.
Contact us if you have any questions.
How long will may accident case take to complete? Learn the rule of thumb
How long does it take to complete a personal injury case? Northern Kentucky Injury Lawyer provides an answer.
For purposes of this question, it is assumed that the case involves serious injuries (in other words, it's not a soft tissue case or a minor fender bender car wreck -- those cases are typically on a different, shorter, time line).
There are a lot of factors that will impact how long a personal injury case will take. Most importantly, after the case is filed and the defendant companies have hired lawyers and appeared in the case, the Judge will set a trial date. Most judges are interested in moving their dockets efficiently, and will set a trial date within one year after it is filed.
However, realistically, many cases are not reached for trial on their first setting. Many times, a case will not be reached for trial until a second or third trial setting, sometimes longer.
The complexity of the case will impact how long it takes, from a perspective of both liability and damages. A rear end vehicle accident case is not very complicated from a liability standpoint, and shouldn't take as along as a complex products liability case that will be expert-intensive. Similarly, a case involving orthopedic injuries will typically be less complex, and take less time, than a case involving something like a traumatic brain injury.
The approach of the lawyers will impact how long the case takes. Many times, lawyers on the defense like to make things last for a while -- they are usually paid by the hour, so that explains their mindset. A plaintiff's attorney who pushes his or her cases will counter the slow-road defense approach. However, if plaintiff's counsel is not very aggressive about pushing the case, it will likely sit around for a long while.
The above discusses the time line to TRIAL. But there is another important time line: the time to potential SETTLEMENT. Most of the trial time factors also apply to the settlement time line. However, the attorneys on both sides have more control over how quickly a case will be postured for potential settlement.
Understanding that every case is different, as a practical matter, most personal injuries cases should be developed, and negotiated for potential settlement, within a year of filing. There are many situations where this time frame will be longer, or shorter, however, this is a good rule of thumb.
If you have any questions about the time frames for personal injury cases, please contact us and our Northern Kentucky Personal Injury Attorneys will help you.
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