Louisville Auto Car Accident Lawyer Attorney

Louisville Car Accident Lawyer – I’m Chris Hayden. I’m a personal injury attorney in Louisville Kentucky. This article is about car accidents a car accident can be a life altering experience. In addition to having personal injuries you also suffer from lost wages time off work and it can be a terrible inconvenience on your family.

These are five steps you should think about when you’re involved in a car accident. First call the police by contacting the police and Officer will respond to the scene and prepare a police report which may identify the other driver as the at fault party.

That information will be useful in dealing with the insurance company in the future. Second get the insurance information from the other driver when you get that information. You can set up a claim with that driver’s insurance company. Third take photographs. Most people have a cell phone with a camera.

Louisville Auto Car Accident Lawyer Attorney

louisville car accident lawyer

Use that camera to photograph your car and its damages the damages to the other driver’s car and also the accident scene as a whole. If possible, get pictures of tread marks on the road that will help with an accident reconstruction. At some point in the future.

Fourth to seek medical care if you’re injured in the accident take the ambulance to the hospital when you’re in the emergency room the doctor can examine you and also perform tests such as x rays C.T. scans and MRI eyes to determine the severity of your injuries. louisville car accident lawyer.

If you do require medical care after the day of the accident make sure you keep those visits. Don’t miss a doctor’s appointment. Don’t no call no show with your physical therapists. When insurance companies see gaps in care, they assume you’re not hurt if they do that.

READ: 7 Terrific Tips for Handling Your Own Houston Car Accident Case Without a Lawyers

They’ll try to devalue your claim. Fifth don’t talk to the other driver’s insurance company. Most insurance companies will try to contact you within 48 hours of the car accident when they do that. They’re seeking to get a recorded statement. louisville car accident attorney.

They use that recorded statement to try to get you to admit certain things it will devalue your claim. Don’t talk to the other driver’s insurance company. Instead contact us at the Hayden law office. We can help. Most people aren’t aware that you’re actually entitled up to ten thousand dollars in personal injury protection benefits if you’re involved in a car accident.

This is money available to you through your own insurance policy. If you are injured in the car accident that ten thousand dollars can help you with treatment for medical care covering lost wages and also providing what’s called loss of services benefits to cover things like laundry service mowing your lawn household duties, you’re not able to do as a result of your injuries. Even if you don’t have your own car insurance you may be entitled to benefits to the Kentucky assign claims plan that allows you up to ten thousand dollars of benefits to cover medical expenses and lost wages. louisville auto accident attorney.

Contact us to discuss that. We can help. It’s important to have a qualified attorney represents you in a Kentucky car accident case. I can help you recover the pit benefits you’re entitled to to compensate your lost wages and cover medical expenses.

READ: Best Cheap Auto Insurance in NJ for New Drivers and High Risk Drivers

I can also deal with the insurance company to make certain that your claim is properly valued and you receive the compensation you deserve. If you were a loved one has been injured in a car accident case in Kentucky. car accident lawyer louisville ky.

The Settlement Process Louisville Auto Car Accident Lawyer

louisville car accident lawyer

I’m going to talk about the settlement process and a personal injury case. Read the entire article so you can see all the steps that go into the settlement demand and the settlement process and a personal injury case J.C. ups a Louisville injury law firm.

I’m Attorney Justin Ziegler. Before we get into the settlement process really quickly, I just want to say there is a time limit to sue for example in most cases in Louisville for years. Sometimes there’s a notice of claim that you have to give earlier than four years. And in cruise ship cases it’s limited oftentimes to one year to sue if you miss the deadline to file a lawsuit.

You lose your case when thinking about settlement. You need to make sure that your case is ready to be settled. The two most common events that make a case ready for settlement is one you’re finished with your medical treatment or number two the value of the case exceeds all available insurance coverage. louisville car accident lawyer.

READ: How To Get Best Cheap Car Insurance Oregon

In the case prior to settling the case you need to make sure you know every single insurance company that is in play. You also need to know the insurance company limits. It’s important to know this information because if your case becomes more valuable than the insurance limits your case is ready for settlement.

If you don’t know those insurance limits then you’re not going to know whether your case is more valuable than those insurance limits. You need to not trust what the insurance company tells you as the insurance limits. You need to get it in writing. In Louisville you can request this in writing.

The insurance company has to provide that to you in writing even if the insurance company tells you that they’re just aware of certain insurance coverage. Don’t take their word for it. There’s times where we’ve been able to find additional insurance even though the insurance company in writing under oath told us that there was limited coverage in one case the insurance company USAA told us that there was one hundred thousand dollars of bodily injury coverage from the careless driver that caused our client’s injury. louisville car accident attorney.

And it was only after pressing them that I discovered that there was an extra million-dollar policy at play. We ended up recovering an additional hundred thousand dollars from that extra million policy in addition to the one hundred thousand dollars of USAA is bodily injury liability insurance.

As soon as possible after your accident if someone else caused your injuries you need to request every single piece of documentation in your case that includes medical records and medical bills even if the insurance company sends you an authorization and tells you that they’re going to request your medical bills and records. louisville auto accident attorney.

READ: Personal Injury Defense Lawyer Houston – What Is Your Car Accident Case Worth

Don’t rely on them. Some of the medical bills and records you need to request start from the events that happened immediately after the accident. If you take an ambulance to the hospital you need to request those ambulance medical bills and records. If you treat at the hospital you need to request your hospital bail and record your emergency doctors bill.

Those two are going to be two separate bills had never seen them as the same bill. They’re always separate the emergency doctors and the hospital bill. If x rays or C.T. scans were taken of you you’re going to need to also request the radiology Bill if bloodwork was done.

You’re going to need to request the pathology bill and there may be other bills as well. Particularly if you had surgery, you’re going to request the surgeons bill as soon as possible. Even though I’m going to talk about the settlement demand which is a written demand package you’re going to give to the insurance company even though that may happen later throughout the entire claim. You are going to want to continue giving the insurance company for the at fault party all of your medical records and bills. This is so they can properly set the reserve.

The amount of money to pay your claim and so you’re just not springing it on them at the last minute and then it takes them sometimes more time and a lot more time sometimes to get settlement authority to pay your case. Most people want to get paid as much as possible as soon as possible in order for this to have the highest chance of happening you need to continuously feed the insurance company all of your medical information in order to get your case ready for settlement you need to send the insurance adjuster all photos in your case that helps support your claim. car accident lawyer louisville ky.

If you’re in a car accident or truck accident send the insurance adjuster pictures of the property damage particularly if there was a lot of damage. The higher the amount of damage all things equal helps the settlement. You need to also if you suffered injury whether it’s bruising cuts hardware on your body outside your body things of that nature send that to the insurance company sooner rather than later.

READ: When Should I Contact Best Houston Car Accident Lawyer

You want your file your claim to stick out in the adjusters mind the more documents you send them within reason so long as they’re helpful to your case the more the adjuster is forced to look at your claim the more time they spend on your claim the better they get to know it and the better they get to know you.

You also want to take pictures photos of the incident seeing if it’s appropriate. This photo is from a trip and fall case where my client tripped and fell on this vital landscaping edge and I went out to the scene very shortly after and fortunately it hadn’t been changed so I took a photo to show the adjuster what we believed was the hazard that caused my client to trip and fall and suffered stitches right below her eye and a slight risk injury if I did not take that picture or if an accident victim doesn’t take that picture shortly after there is a chance that the insured the person that caused your accident does not tell the insurance company about the hazard they may tell their own insurance company there was nothing wrong and they may fix it and then the insurance adjuster may have no choice but to believe them if you can get the adjuster photos as soon as possible if they’re helpful to your claim like this one it can help settlement.

This case settled for eighteen thousand dollars and there is a strong likelihood that without these photos the case may not have settled for that much and may have settled for much less or may have not settled at all. You want to send the insurance adjuster C.T. scans and x rays and MRI eyes if you have them of your injuries.

If there was something wrong with you for example this image is of the large lower leg bone the tibia. And it shows a fracture. In this case we requested this from the emergency room and we quickly sent it to the insurance company for the careless driver that hit my client while he was a pedestrian.

What it does like I’ve discussed before is it forces the adjuster to look at the picture, he sees the significance of my client’s injury and that helps them possibly assign more money to the case. If you’re going to need more medical treatment in the future be sure to have a doctor write down the type of medical treatment that you’re going to need in the future how often you’re going to need it and the cost of it. I had a case I settled for four hundred and forty-five thousand dollars where an 18-wheeler hit my client.

The tractor part of the truck hit my client and we ask the doctor to write down what he thought my client’s future costs would be and every time I spoke spoke to the adjuster I would tell him this is the surgeries my client is going to need in the future and this is the cost of them.

That may have helped us secure that four hundred and forty-five thousand dollars settlement when my client fractured the lower large bone right beneath his kneecap and had surgery. I used a spreadsheet to list the dates of treatment of my clients the type of treatment the total billed charges which the general rule of thumb is the higher your total billed charges.

READ: How to Win Houston 18 Wheeler Accident Case Top Personal Injury Lawyers

All things equal the higher the settlement the amounts paid by health insurance Medicaid or Medicare. The out-of-pocket charges that my client owes as well as the amounts that were paid in Louisville for example you’re entitled to recover the out-of-pocket medical charges if your health insurance company or Medicaid or Medicare paid for some of your medical bills You’re also entitled to recover that money and then you later on have to reimburse them at least a certain percentage of it. I’ll get into that in a little bit. You need to have this spreadsheet because it allows you to know all of your medical bills and everything.

And if one of them changes and you later get an update from one of your medical providers that the bill has been reduced or adjusted all you have to do is change one little cells and it adjusts everything you want to have this spreadsheet so that when you’re talking with the insurance adjuster you’re on the same page because these insurance adjusters are very busy. They want you to be prepared the more prepared you are the better it looks for your claim. And you need to know exactly what you’re out of pocket sir so you can estimate the fair value of your claim.

If you happen to have health insurance or Medicare or Medicaid or some other type of major medical plan that’s going to pay your bills. You need to know how much they paid because likely they’re going to assert and mean they’re going to want to claim from their recovery of your personal injury case. And you need to start early talking with them about how much they are willing to discount the amount that they’re going to make a claim against your settlement for.

Sometimes they’re generous Medicare for example a lot reduces by attorney’s fees and costs Medicaid in Louisville has a particular settlement formula health insurance it’s going to depend on whether the plan is self-funded if it’s to your employer or not and there’s many other exceptions.

There are also certain letters that you need to get out to the health plan and if you’re working for a large business that is self-funded you want to make sure that this letter goes to the plan administrator. They can incur certain penalties by not timely responding to your request for their lean and that can result in a huge savings. As I tell people there’s generally two big parts of the personal injury case. One is reaching a settlement with the outfall parties. Number two is that on what I call the back end getting all your health insurance bills and everything knocked down.

We generally ask for it just over the phone and we want to know how much the health insurers are going to seek from the recovery so we can estimate the amount that the client will be receiving. It’s very important to know the health insurance line. For example, let’s say you settle your case for a hundred thousand but your health insurance paid one hundred thousand medical bills and they want to. They want a recover dollar for dollar. You may have issues that meet the entire settlement now that would likely happen if you work for a huge employer that is not willing to reduce its plan.

But you need to know exactly how much the health insurance Lina’s I talked about the demand letter earlier on that is essentially a letter and a package where you’re going to close all of your medical bills records and everything of that nature even if we’ve provided the insurance company with medical records bills and photos earlier on we still included in the demand package you’re generally weren’t going to want to give the insurance company a time limit to respond so that they put it in the calendar and they respond within that time limit if you don’t give them a time limit.

There’s a higher chance that they’re going to sit on the settlement and wait to make you an offer longer. The demand package and letter are your time to explain how this incident has affected your life. You’re going to want to include before and after photos if there’s been a significant change in your appearance or the things that you can do. louisville car accident lawyer.

If you’re a runner for example and now you’re unable to run or you have difficulty running since the accident send the insurance adjuster some pictures showing that you were able to run and all the marathons or the awards that you received and then show them perhaps a short article or photos of you that you have difficulty walking now that can again help your case stand out in the insurance adjusters mind and it can show you that your life has been affected in Louisville for example if you can show that someone else’s carelessness caused your injury and you lose enjoyment of life you’re entitled to recover that in certain cases like auto accident cases the standard is higher you need to be permanently injured in many but not all cases everything matters every bit that your life has been affected you want to make sure the insurance adjuster knows this.

You can put it in writing can also communicate it with them over the phone in a demand letter in certain cases you’re going to want to say that this demand is contingent depends on there being no other insurance available coverage or in Louisville for example if you’re making a claim against the bodily injury liability insurer. I usually include language in there that says this demand is subject to the uninsured motorist insurer waiving the right of subjugation. Now comes the part that everyone wants to know about the negotiation process. You want to make a high demand but you don’t want to make too high of a demand. louisville car accident attorney.

I’ve had cases where my clients insisted that our demand was very high and that can delay settlement for example if you make a five hundred-thousand-dollar demand but your case is only worth one hundred and ninety-five thousand or so. There is a chance that the insurance adjuster let’s say he offers you a hundred and thirty thousand and he tells you he doesn’t have any more room to increase his offer. There is a chance not always but there is a chance that the injustice really does have more money to offer you. But because your demand is so high, he says in his head.

Why am I going to increase my offer when they may not even decrease their offer or even if the claim decreases the offer they’re still going to be so far apart. So, making the right demand is very important in a case you don’t want to go too low because you should never be willing to settle for your first demand in most cases in most cases you should typically demand above what you’re willing to settle for. This gives you room to negotiate. Also, when you’re negotiating with an insurance adjuster do not believe what they tell you.

I’ve heard insurance adjusters for the careless party tell me that they were giving me their final offer and then a week later they add five thousand dollars or ten thousand dollars to that offer. Do not believe what they tell you. Also, if you’re hitting a wall with the insurance adjuster you won’t increase his offer. louisville auto accident attorney.

READ: 7 Different Types of 18 Wheeler Accident, You Need Houston Lawyer?

Sometimes you want to speak with the claims manager but understand that personal injury claims for the most part involve negotiation meaning the first offer that the insurance adjuster gives you will not be his last. An exception to this is if they’re offering you their policy limits and that’s all the money that’s available.

However even in those cases you may be able to squeeze out a little bit about more money from their insured. Assume you reach that happy place where you’re able to settle the case and you’re ecstatic. The insurance company generally speaking in Louisville is going to send you one settlement check they’re generally not going to send you piecemeal or multiple settlement checks. They are going to require you to sign a settlement release essentially that release says you’re never making a claim against or insured for the rest of your life. I for example use my own proposed settlement release.

There are a few things you don’t want to give up. You don’t want to give up your right to sue any other parties. For example, let’s say you had surgery and the doctor put in hardware inside your body in Louisville. If you just sign the insurance companies release you may be given up your right to sue if that product turns out to be defective or if a doctor.

Medical malpractice you or other things of that nature. You also don’t want to give up your right to make claims against your health insurer and Medicare Medicaid and things of that nature so treat the release very very seriously after you settle with the insurance company.

That’s the time to finalize your leans with your health insurance company and other insurers. If you fail to pay Medicare Medicaid for example you can be thrown in jail and face huge penalties your health insurance company could possibly reverse the payments that they’ve made or cut off your future health insurance care if you stiff them. But like I talked about earlier on you should have started talking with your health insurers about how much you accept as their final lean amount so that when the case settles, you’re in a better place to negotiate it. car accident lawyer louisville ky

You don’t want to settle your case have no idea how much the health insurer will take. And then you lose all your leverage because they may say we’re not going to reduce it a dime. Whereas if you would have talked to them earlier on you can make the threat of, I’m not going to continue my personal injury claim unless you give me an off the record that you’re going to accept less than your lean. I hope you enjoyed this article please share to our website please like it. Let me know your comments do you agree with the settlement process and demand the way that I’ve discussed it. Pricespin.net.

Leave a Reply

Your email address will not be published. Required fields are marked *