Do I need an attorney?
Every claim does not require an attorney. However, anyone who has been injured or has a dispute with an insurance company can benefit from speaking with an attorney. Injury and insurance law is complex and if you have not dealt with medical and legal issues and insurance companies, by speaking with an attorney you can learn your rights, have the process explained, and make an intelligent choice as to whether or not you need an attorney for your claim. The initial consultation is free.
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Can I afford an attorney?
Injury claims are one of the few areas of law where anyone can afford to hire an attorney. It is understood that most people cannot afford to come up with a large amount of money to pay to an attorney. This is why the “contingency fee” was designed. The “contingency fee” allows you to hire an attorney without coming up with any money up front. The contingency fee pays the attorney at the end of the case based on a percentage of the total recovery. The standard contingency fee is one-third or 33-1/3%. This means that you do not have to come up with money up front to hire an attorney, the attorney is paid at the end of the case when there is money available to pay attorney fees.
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Who is responsible for paying my medical bills?
The insurance company for the party responsible for the injury has no legal obligation to pay your bills as they are being incurred. They will only make payment on your bills and other expenses when your case is settled.
In the meantime, if there is Personal Injury Protection (PIP) or med pay coverage on the car you were in at the time of the accident, your bills will be paid under that policy. Your PIP or med pay policy is primary and pays before the other person’s insurance company or your health insurance.
If you do not have PIP or med pay coverage at the time of the accident, or if this coverage has been exhausted, you may be able to submit your accident-related bills to your health insurance carrier. Most health insurance carriers will pay your accident-related treatment subject to the conditions of your health insurance policy, including referral, deductible, and co-payment requirements. Your health insurance company may be entitled to reimbursement from your settlement for any bills they pay.
If you do not have PIP coverage or health insurance, certain providers may agree to treat you and wait until your case settles to be paid. They usually file a “lien” against your settlement. This means that they will be paid out of your settlement proceeds at the end of your case.
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When will my case be ready to settle?
Your case should not be settled until you have reached what is called maximum medical improvement. This means that you have either returned to your pre-injury condition or your doctor says you have a permanent injury and that further treatment will not improve your condition. In most cases, once your case is settled, the settlement includes conditions that may arise later. Therefore, it is best to wait until you know the full nature and extent of your injuries before settling with the insurance company.
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What is my claim worth?
Most claims cannot be evaluated until you have finished treating with your doctors. The value of your claim depends upon numerous factors, which are unknown until you have completed your course of treatment. Issues such as future medical expenses, ongoing pain and discomfort, and future limits on employment and recreational related activities are considered when your case is presented for settlement. These factors will not be known until you are done seeing your doctors.
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Will I have to go to court?
Most injury cases are settled through negotiations. However, if all reasonable efforts to resolve your case are unsuccessful, a law suit may be the best alternative. In Washington State, most injury victims generally have three years from the date of the accident to settle a claim or file a lawsuit. A lawsuit begins when an attorney prepares legal documents called Summons and Complaint and has them filed with the court and served on the responsible party. However, just because a law suit is filed, this does not mean your case will go to trial. Many cases are settled while the law suit process is pending.
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