I Was Hurt, Now What?

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So you were hit from behind by a driver that was not paying attention and rammed you from behind. Before this accident, you were running three miles a day, managing a home and three children, working full time, and handling your life. All of the sudden, your sleep in interrupted by the terrible head and neck pain, your fingers are numb and if you conclude to run, your back is hurting so bad that you have to stop. You are only 42 years old and not ready to quit living your life. The curative bills are going to pile up and you are not sure what to do. It is time to get an attorney but you should know what to expect.

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Attorney option - There are so many commercials on television and billboards on the road that it is nearly amazing to conclude who you want to trust with your case. You have heard the horrible "ambulance chasing" stories and wander if there are attorneys out there that care about your case. When selecting attorney, you should consider their experience. Have they ever worked on the side of the insurance enterprise (this usually means they understand the insurance mentality)? How long have they been practicing? Do they try cases? What are their results?

Do I have time to be in suit? Proving a claim for injury means that man has to say that you are injured and that you were injured as consequent of this car accident. Settlements are based upon the number and necessity of treatment. This is a fine line because there are some attorneys that believe that the more the dollar number of the curative bills the more the settlement. This may be true in some instances, but often insurance clubs are wary of the man that "overtreats" and gives much more credence to the man that seeks care initially from a specialized curative doctor along with objective radiological findings. It is rare that soft tissue injury case (those treated with chiropractic or corporal therapy alone) brings a huge settlement. You will have to seek curative rehabilitation but the rehabilitation should be tailored to your injury not your lawsuit settlement.

Will I have to go to trial? More than 95% of injury cases conclude exterior of court. About 55% conclude without even filing a lawsuit. The remaining 40% do go into litigation. Once the case goes into litigation, it usually will not conclude until two things happen. First, the insurance enterprise is going to want to hear your story. They will want you to talk their written discovery which will ask your version of the emergency and provide them with all curative bills, lost wage documentation and time to come care and loss of capacity and take your deposition. Second, they are going to send you for an test (compulsory medication examination) with one of the doctors they select. After your deposition and the compulsory curative examination, the case is usually set for mediation and this is where hamlet beings. Over half of the injury cases in litigation conclude in mediation. If they do not conclude in mediation, the hamlet discussions start there and continue until the time of trial. If after mediation, the parties see the case completely separate and are so far apart that it is apparent that neither side is willing to budge, then you will likely go to trial.

What is my case worth? Most cases on the plaintiff and defense end are evaluated at full liability. This means that they are initially evaluated with the defendant being 100%. This gives each party a beginning point. For instance, for a rear end automobile emergency case the defendant is likely 100% liable. However, consider that the man in front came to a sudden stop and the evidence supports this defense (black box or other technical evidence) the defense may argue that they are only 80% liability and will subtract 20% from their appraisal to offer for settlement. The second element that has to be proven before damages is causation. You must prove that the emergency caused the injury. Things that can complicate this are pre-existing conditions, differences of curative opinions of Mri or cat scans, believabily witnesses or lack of asset damage. If the injury is proven, the hamlet total is derived with these elements: total of past curative bills, total of time to come curative bills, past lost wages, time to come lost wages, loss of earning capacity (introduced straight through a vocational resumption specialist) and pain and suffering. As a normal rule (not the law but as a measuring device) most insurance clubs and attorneys use three times the curative bills (past and future) to conclude the value of the pain and suffering claim. It is worthy to note that in Florida the jury must find that you were constantly injured in order to recover pain and suffering damages.

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