A personal injury is a legal action, brought by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, slip and fall, or a defective product. Personal injury cases by motorcycle accident attorneys from Thon Beck Vanni Callahan & Powell have a reputation for taking a very long time from date of accident to the date you get a check in your hand. There are various reasons that can cause a delay in settling a case. Knowing the various aspects of your case can help explain why it can take as long as it does to settle a case. Below is list of items that are considered in a personal injury case and a few helpful hints that can save you and your attorney time.
Know your medical providers
One of the most time consuming aspects of personal injury cases are the requesting and receipt of medical records and itemized billings. This process can take even longer if you do not know the name of the medical providers that have treated you in connection with your injuries. Noting the name, address, and phone number of any medical provider and the dates that you were treated can help speed up your case immensely. You can also file an injury claim in Canada and get the right kind of legal help that you need.
Keep a daily journal
Treatment and recovery can take a long time to complete. Trying to remember what you went through can be hard to remember after the fact. Writing down some quick notes about how the injury is effecting your everyday life can be helpful for the pain and suffering portion of your settlement. Note information such as: is the pain keeping you from sleeping; where the pain is occurring and how intense it is; and/or, is the pain keeping you from doing daily tasks like cleaning, bathing, cooking, playing with your children/grandchildren. There are auto accident from a mechanical error and only a lawyer can help fix the legal issues as a whole so it doesn’t affect you even in the future.
Prescriptions and incidentals
Any prescriptions associate with your injuries can be claimed in your case and lawyers from Bengal Law suggests. Additionally, any braces, crutches, ice packs, etc. that are used in your recovery can also be claimed.
Transportation costs
Any travel associated with your treatment may also be claimed. The 2016 mileage reimbursement for mileage associated with medical treatment is $.19 a mile. This may sound like a small amount but it can add up. Keeping a log on where and when you travel for treatment can be helpful in determining this amount.
Wage Loss
Wage loss can be complicated to claim in a personal injury case in Arizona. Arizona requires that a person mitigate (reduce) their damages as much as is reasonable. If your job offers sick pay or vacation pay, Arizona case law holds that a person must use their sick pay and vacation pay before claiming missed wages. This may seem quite unfair. You didn’t cause the injury why should you pay for it with your earned time off? Unfortunately, the law doesn’t see it that way. However, if your employer does not offer sick/vacation time you can claim those hours of missed work. Unlike the rest of your settlement, wage loss is taxed.
After all of your medical bills and other costs have been collected/calculated a demand for settlement can be sent to the at fault insurance company. Usually it will take a few weeks for them to respond with an offer. The negotiation process can take several weeks depending on the situation. Sometimes a settlement cannot be reached and litigation in your matter may be needed to receive a fair settlement. However, if settlement has been reached, there may be more negotiating that needs to occur.
Medical Payment Insurance
Most car insurance companies offer medical payment insurance. This policy on your vehicle insurance will give you money ($5,000 is recommended) to pay your medical costs. This money is separate from any settlement amount you may receive from the at fault driver’s insurance because it comes from your insurance, and can help out significantly.
Medical Liens
Medical providers can assert a medical lien against your case. This means that any amount not paid by your health insurance can be recovered from your settlement money. Our office has been successful in reducing many medical liens, which results in more money in your pocket.
Subrogation
Similar to medical liens, your health insurance can assert a lien against your settlement for any money it paid out in connection with medical treatment for your injuries. Depending on your health insurance plan this amount may be negotiated to a lower rate.
If you have been involved in a personal injury and have questions, please call (623) 551-9366 to schedule a free consultation.
