FAQs for personal injury claim awareness
Wilson & Stephens provide the following information to guide you in your decision on how to proceed with your personal injury claim.
- Should we provide statements to an insurance company without an attorney's help?
- Is an insurance company responsible for more than property damage?
- Is there a minimum personal injury settlement amount?
- Are medical bills included in a bodily injury claim?
- How do I collect my personal injury award?
- Can I ask my attorney for a copy of the settlement check?
- Can a health care insurer be repaid from a personal injury settlement?
Should we provide statements to an insurance company without an attorney's help?
The more significant the injuries, the more you should consider consulting with an attorney before providing any information to an insurance company.
Without legal representation, any information given regarding the facts and circumstances surrounding the case or suit may come back to haunt you later. But, identifying information—such as names and addresses—can be provided, if needed. Set up an appraisal of your vehicle as soon as possible with the insurance company.
Is an insurance company responsible for more than property damage?
The responsible party's insurance company owes you more than just the damage to your property. And it is wise to postpone a settlement until therapy and full recovery are completed.
If you sign a release marked “Property Damage Only,” do you realize you have given up your claim for car rental, storage, and wrecker fees?
An at-fault insurance company usually must pay:
- All related medical bills
- Out-of-pocket costs associated with an accident, such as transportation to doctor's appointments and time off of work
- For pain and suffering, and other damages related to how the injury has affected your life.
Is there a minimum personal injury settlement amount?
There is no minimum amount for pain and suffering. However, if you are not hurt, then you have no injury claim. To put a value on a specific case, check with an attorney near you, since a personal injury case depends on many factors, including:
- The nature and extent of the injury
- The kind of economic damages including lost wages and medical bills
- The amount of time the injury is expected to last.
Are medical bills included in a bodily injury claim?
The term bodily injury claim is often used for personal injury claim. This includes:
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When you settle your bodily injury claim, include all the damages available to you, or you may lose your right to recover for those losses.
How do I collect my personal injury award?
If the person against whom you have a claim has insurance, the easiest thing to do might seem to be to simply notify the insurance company. But it may be more complex than this, and you should consider consulting with an attorney to represent you.
If the person against whom you have the judgment is uninsured, collecting will not be as easy. Many times, clients have been told there was no insurance, only for us to find that there is coverage.
Can I ask my attorney for a copy of the settlement check?
Yes, and you should do so.
As a client you have the right to see a copy of the settlement check, as well as review a copy of the settlement breakdown sheet before the check is deposited. Usually, the insurance company check has both your name and your attorney's name on it, so you would typically have to endorse the check before it could be placed in your attorney's trust account.
Ask your attorney to provide you with a copy of the actual settlement check forwarded by the insurance company and a detailed disbursement statement.
Can a health care insurer be repaid from a personal injury settlement?
Yes, most health insurance policies now have language that allows the insurance company to be repaid from the amount paid out on medical bills if the insured person gets a personal injury settlement. This can be complicated and is one area that attorney representation can save money.
Contact us. We can help!
