When you or a loved one has been injured, many questions arise. For example, how do we determine who is at fault for the accident? Should I have my own health insurance or Medicare pay my medical bills? Do I need to sue the responsible person, and, if so, what deadlines exist? Can I be compensated for lost wages if I am not able to work?
The answers to those questions are best found with the help of an experienced lawyer. When we represent an injured person, we get a complete copy of any police report or accident report, order copies of medical records and bills, talk to witnesses, and contact the insurance companies, both the responsible party’s and our client’s own insurer. If applicable, we contact Medicare or Medicaid on your behalf. Often, you will have limited coverage under your own policy to help pay for medical bills, even if you are not at fault. These different sources of compensation are important while you recover from the injury. We seek to spare you the work and hassles of protecting yourself legally.
It is important to remember that, if you settle with an insurance company and sign a release, you are giving up your right to claim additional compensation if your injuries turn out to be more serious than you originally believed. Therefore, an injured person should not settle without very careful consideration and advice.
After an accident, the responsible party’s insurance company may contact you and ask you to do a recorded interview. You are not required to give an interview if you do not choose to do so. If we represent you, and we agree that an interview is a good idea, we would talk with you beforehand, and be present while it is going on.
In addition, you may be getting many calls from the insurance company and/or any unpaid health care providers. When you have legal representation, those calls go to your lawyer to handle for you.
When you are ready to settle or sue, it is important to know how to place a value on your claims. Often people have no idea what figure is fair and feasible. Many factors go into negotiating settlements, including researching years’ worth of Montana verdicts in similar cases, calculating past and future lost income, and allowing for medical bills that may arise in the future. Insurance companies, even if they admit that their insured was at fault, will often make offers that are on the low end, to say the least. Never feel pressured to accept an offer or “rush into” settling without careful thought and planning.
We provide a retainer agreement for our clients, so that they know from the outset what is expected of us and of them. For accident and personal injury cases, we charge on a contingency fee basis. This means that, if we do not obtain a settlement or verdict in your favor, we do not receive a fee.
The process of healing and getting back on your feet – and getting on with your life – can be difficult. But this should be the first priority.