Madison WI Personal injury attorney and car accidents go hand and hand. Should you hire an attorney if you are in a car accident is a very common question. In a recent conversation I had with a potential client who came to me a few months before the expiration of the statute of limitations (deadline in which to file a lawsuit) several comments were made that made me give some thought to all of the advantages there are to hiring a qualified personal injury attorney if you are injured in a car accident. Hopefully, this information will help you make the right decision.
First, just because you may have had a “bad” experience with another attorney in a different matter does not mean you should not seek out a well-qualified personal injury attorney if you are injured in an accident. Many times I hear people complain that they had a bad experience with a previous attorney and that because of the bad experience the client was reluctant to talk to a lawyer about his/her case.
I understand that it can be frustrating to not receive either or both the results and/or the service that one would expect when hiring a professional. However, it is for that reason that you should ask questions about how the attorney proposes to handle the case. Ask questions about his or her experience on similar types of cases as well as asking the attorney, up front, if he or she foresees any problems with your case. We live in a complicated age and one should not simply assume that because an attorney has a license to practice that he or she is best fit to represent you in your legal matter.
Second, giving the insurance company time to gather all of the information, talk to your employers, talk to your doctors, review all of your pre and post-accident medical records and bills is not going to maximize your recovery. Insurance adjusters can be nice people. They are very well qualified. After all, I used to be one of them prior to going to law school. However, an insurance adjuster receives extensive training in looking for facts to lower the value as well as negotiating a lower value than what you may be legally entitled to. After all, an insurance adjuster’s job is to get you to sign a release for the lowest amount of money that you are willing to accept. That is the insurance adjuster’s job and many do their job very well!
I prefer to have our clients on a “level playing field” with the insurance industry. You need a qualified personal injury attorney that knows as much about the law and the value of personal injury cases as the insurance industry. If you don’t then you are on a different level than the insurance company and they will come out on top. One of the reasons I became a personal injury attorney is to help clients “level the playing field” against insurance companies and big corporations. Give yourself the same opportunities as the insurance industry and you will benefit.
Third, as long as your medical bills are paid who cares can come back to haunt you. If your health insurance company paid your medical bills they most likely have what is called a right of subrogation. This means that they have a right to recover from either the wrongdoer or you, if you receive money from the wrongdoer, for the amount of medical bills they paid on your behalf. Depending upon the amount of your settlement, these subrogation claims sometimes can be close to, if not as much, as your entire settlement. Learning of what the health insurance company wants for reimbursement after the release is signed is often times too late.
Also, your bills may have been paid by Medicare or Medicaid. In that case, there is an entirely different and much more complex system that is followed to reimburse the Government. Sometimes, if you are not careful, medical bills for treatment for your injuries after you settle the case may not be covered by Medicare because you received money from a personal injury settlement.
Finally, if Medicare or Medicaid is involved, the insurance company, to release them from responsibility, may include Medicare or Medicaid on your settlement check and leave it to you to get them to sign. You tell me where you think you would send a check to the Government and trust that someone will sign and return that check to you? The answer is simple: you don’t!
A qualified personal injury attorney can negotiate with your health insurance company to pay them back the lowest amount of money possible thus maximizing your net recovery. The attorney can also negotiate with Medicare and Medicaid to make sure that your payment for future medical services are not negatively impacted because of your personal injury settlement. Sometimes, these types of “mistakes” can cost you thousands of dollars as well as disrupt needed medical care.
These are just a few reasons why you should explore hiring a qualified personal injury attorney as soon after your accident as you are able. Generally, a personal injury claim is much more complicated than it appears at first glance. We are here to help you through the complicated process to maximize your recovery in a cost and time efficient manner.
If you or a loved one were injured in a car, truck or motor vehicle or motorcycle accident please contact me for a no cost, no obligation consultation. We take these cases on a contingency fee basis so there is never a fee for our services unless and until there is a recovery. We have represented people injured as a result of the negligence of others for 29 years and look forward to helping you with your personal injury claim. At Krueger Hernandez & Thompson SC, we listen, we care, we get results!
In the Madison area call (608) 824-8540, in the Baraboo area (608) 356-3961, statewide call (866) 455-2993, email at mark@kh-law.net or check out our website at https://khtlawyers.com for more information.
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