Q: I was hit by a car whild ridding my bicycle and I suffered serious injuries. How can I get my medical bills paid?
A: The insurance company of the at-fault driver would be responsible for your medical expenses as well as any other losses that you suffered. If the at-fault party does not have insurance, you can still recover money through your own auto insurance policy if you have uninsured motorist coverage. Contact an experienced personal injury lawyer to discuss your particular case.
Many politicians and members of the news media proclaim that there is an “epidemic” of lawsuits in this country. The inference is that attorneys often encourage frivolous lawsuits to make more money, and that those lawsuits are the cause of rising medical and insurance costs, not to mention the logjam of cases flooding our courts. This is simply not true.
The reality is that nearly all personal injury attorneys handle cases based on what’s called a contingency fee agreement, which means that the attorney only gets paid if he or she recovers damages (money) for the client. Lawyers working on a contingency basis are careful to assess the merits of each case to determine if the lawsuit is legitimate. Let’s face it, attorneys are unlikely to accept a case that has little or no merit as they would bear the costs associated with the litigation with almost no hope of being paid.
Contingency fee arrangements also produce another benefit – they improve access to our legal system by people with limited funds to participate in litigation they could otherwise ill afford. This particularly applies to medical malpractice claims in which expert witnesses are often called to testify. Under the contingency arrangement, the attorney would bear the substantial cost for the witnesses and be paid only if the verdict is favorable to their client.
Please call us if you have any questions about our fees or how your case will be funded.
Q: Who really ends up paying those medical bills? Be alerts for unscrupulous insurance adjusters and their misinformation.
A: It’s a scenario we see all too often: You suffer injuries in a car accident and are then told by the insurance adjuster that the insurer doesn’t have to pay your medical bills because your health insurance policy paid the expenses.
There’s only one problem – it’s just not true. In West Virginia, the person who caused your injuries is responsible for the full amount of your medical expenses. There are at least two good reasons for this rule: (1) the other driver should not get the benefit of the coverage and discounts that you paid for and (2) your health insurance company will require you to repay them at the end of your case.
As we’ve said many times before, insurance adjusters are not on your side. They are trained to use all sorts of tricks and tactics to limit the amount of money paid out on any claims, and they are good at what they do.
If you’ve been in an accident and feel you are being misled by an insurance adjuster, be sure to consult with an experienced personal injury attorney who can help protect your rights.
Q: I was recently hurt in a car accident that was caused by the other driver. Unfortunately, my auto insurance lapsed before the accident. Can I still receive compensation for my injuries?
A: While it is unlawful in West Virginia to drive without it, not having insurance does not impact your ability to recover damages (money) from the person who caused the crash. If the accident was the fault of the other driver, you can still file a claim with his or her insurance company. You may be able to obtain compensation for your medical expenses, lost income, and other damages associated with the collision. Rest assured, though, that it is not going to be easy to work with the insurance company.
It doesn’t matter how good your case is, if you lie to your lawyer or the insurance company about past injuries and accidents, the jury is going to make sure you lose.
Remember, the insurance companies have access to vast databases about your life, including past lawsuits, claims, and injuries. Also, with the popularity of social media sites like Facebook and Twitter, there is even more information out there about you that they can use.
As always, honesty is the best policy. Tell your lawyer all about past claims and injuries, so that he or she can deal with the issues. The worst thing is for your lawyer to be the last one to know!
Unfortunately serious personal injuries may result from a sever accident, leaving you emotionally harmed along with physically. This is a stressful time and you wonder what exactly you can get reimbursed for through a personal Injury Claim. A successful personal injury claim can enable a victim to recover both monetary and non-monetary damages.
Some common examples of monetary damages (which are also known as special damages) include:
Examples of non-monetary damages (also known as general damages) include:
If you have questions about the types of compensation you may be owed, please call our office to speak with one of our experienced attorneys about your specific situation.
The first thing to know about a settlement value of your case is that it will very from location to location. Meaning if your leg got broken in Minnesota it may cost more to get a cast put on there then in West Virginia. You can not expect that just because your Aunt Vicki in Minnesota got $200,000 for her claim that you would be guaranteed at least $200,000 for your claim. The attorney will gauge the value of your claim by the amount a jury would award to you. An experienced attorney in your area should be able to give you an estimated value. An experienced attorney will be:
The best way to get an estimated value of a claim is to ask an experienced attorney in YOUR area.
The National Highway Safety Administration (NHTSA) reported that seat belt use during 2009 reached an all time high of 84 percent, up one point from 83 in 2008. According to the NHTSA, seat belt use continues to be higher in “primary law” states ( states where an officer can pull over a vehicle occupant solely because they are not wearing their seat belt), as compared to a “secondary law” states. West Virginia continues to be a “secondary law” state.
In Medicine, bad things happen without anyone being at fault.Doctors and other medical professionals treat people who are ill or injured. Medical science is not perfect and things can happen that are out of the professionals control. In West Virginia However, if a bad outcome occurs because a medical professional failed to follow proper medical standards, this may be medical malpractice.
There are an estimated 5 million Americans that have Alzheimer’s and over half of those are in the early stages of the disease. In West Virginia there are an estimates 42,000 people who have the disease this number in projected to to grow to 105,500 by the year 2024 ( the West Virginia Bureau of Senior Services). This is an partly because a great number of West Virginians population is older.
Recent research has made early detection possible, because of this patients have many years of independent living before they have to be watched 24/7. The Alzheimer’s Association is assisting caregivers by helping them track their loved ones. The Association has done this by adapting the already existing equipment used by prisons. By using web-based mapping systems in conjunction with transmitters, the families can be alerted when their loved one goes beyond the boundaries the family previously set.
This is a great tool especially since nearly 60 percent of Alzheimer’s patients will begin to do what is called wondering. While the tracking will help the patient maintain independence and dignity, it will never replace in-person supervision.
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