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What Can I Expect After Filing A Personal Injury Claim?

Your claim will be handled by an insurance adjuster who is employed by the other driver’s and/or vehicle owner’s insurance company. If the insurance company has been notified that you have an attorney, the insurance company will conduct periodic follow-ups with your attorney to see how you are progressing. Once treatment is completed, your attorney will send a settlement offer (sometimes called a demand package) to try and settle the case without filing a lawsuit. During this time, there may also be property damage issues. If the case cannot be settled, suit may be the only way to resolve the matter.

What Information And Evidence Will My Attorney Need To Review?

If there is a police report, your attorney should review the incident report and contact any witnesses listed on the report. Your attorney will also want to know the names of the places you have received treatment, so he/she can get copies of your medical bills and reports. You should keep a list of all accident-related out of pocket expenses you have incurred. The amount of lost wages that have incurred due to treatment and/or your inability to work will need to be reviewed by your attorney as well.

What Defenses Do Insurance Companies Use To Avoid Paying Out On Personal Injury Claims?

Insurance companies will frequently allege that the claimant is at fault or that both parties are at fault. By claiming both parties are culpable, they are saying that they are not willing to pay for any damages because you must be faultless in Maryland, D.C., and Virginia in order to recover. That is the most common defense the insurance company uses to avoid paying. The insurance company may also refuse to pay due to lack of coverage: this means the other driver had a policy that was not in force at the time of the collision or the driver of a covered vehicle was an excluded driver. To reduce the amount of a settlement, they may allege that the treatment is excessive, there are gaps in treatment, and/or there was a substantial delay in getting initial treatment.

Are Medical Bills Always Going To Be Paid In Full In A Settlement?

Medical bills are not always paid in full in a personal injury settlement. One of the claims the insurance company may make is that there is excessive treatment. The insurance carrier may also allege the treatment is reasonable, but the billing is excessive. Those claims can result in a settlement failing to cover medical bills in full. If you are not happy with the amount that the insurance adjuster is offering for the medical bills, you may have to file a lawsuit to get them to pay.

Will Reimbursement Generally Include Medical Bills Paid As Well As Future Medical Expenses?

Future medical expenses are taken into account for reimbursement if you are making a claim for permanency; meaning you are not back to pre-crash condition.

Should I Pay My Medical Bills As They Come In Or Should I Wait Until A Settlement Is Reached?

Medical bills are always the client’s responsibility. This means the provider will look to you for payment. Some providers will wait until the case is over but this is NOT always the case. In the event, you have PIP (medical coverage) on your policy, call your insurance company and tell them you were involved in an auto accident and would like to apply for PIP. The point here is to make make sure your bills are not being referred to collections while the case/claim is pending. Your attorney may also be asked to sign an Agreement that he/she will pay the bills owed, in exchange for the medical provider’s “patience” in waiting for payment until the case has been concluded.

For more information on Expectations In A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.

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