Will My Car Damage Be Included In My Personal Injury Settlement?
The actual cost of repairing your vehicle is not normally considered a part of your settlement of your personal injury claim. The reason for this is that the cost of repairing your car damage is known very soon after the collision. It can be settled very quickly most of the time. The value of the personal injury claim usually takes months to be determined after the treatment of the injury is completed. Additionally, if you have trouble settling the car damage costs with the at-fault driver’s insurance company, you can always ask your own collision insurance company to pay the costs and let them get their money back from the at-fault driver’s insurance company.
Will Future Medical Costs Be Taken Into Account For The Settlement Amount After A Car Accident?
Future medical costs will be taken into account for the settlement amount after a car accident. You or your attorney must obtain from each doctor treating you a detailed estimate of the following information. First of all, the weeks, months or years that you may need treatment and then a description of what treatment will consist of and an estimate of what the cost of that treatment will be. You need to know if there is any need for additional type of expert care beyond your primary care physician and if he anticipates that in the future you will have to see an orthopedic surgeon or a neurosurgeon or something like that.
In large claims involving extended or permanent disability, it will actually be necessary to retain what we call a life care plan expert. The life care plan expert drafts a plan itemizing to the very last dime what you will need by way of medication, supplies, physical therapy, occupational therapy, travel expenses to and from doctors, any operative procedures that you may have to undergo, and home healthcare services where they come and treat you at your home. All of these things will need to be taken into consideration as future medical expenses and they all are a part of your claim settlement.
Is It Better To Pay The Medical Bills As They Come In Or Should I Wait Until I Receive A Settlement From My Auto Accident Case?
A claimant should exert every effort to have his medical bills paid by any type of insurance coverage that is available to him or her. Number one, that will protect his or her credit rating because some of these doctors and hospitals do not wait very long before they will report your unpaid bill to the credit bureau. Additionally, medical insurers such as Medicaid, Medicare and Blue Cross generally receive substantial discounts when they pay your medical bills, thus saving you money. For example, on a $10,000 bill that has been paid by Medicare, Medicare may pay only $3,000, so that is to your benefit. A good personal injury attorney at the time that your claim is settled also can negotiate a reduction of the amount that the health insurer paid to the doctor or hospital. Medicare will get a reduction on the amount of the bill that they will pay and then when you come in and show them that you have only X number of dollars that you can help to pay their expenses back, they will sometimes give you a break and reduce it even further.
What Factors Determine The Value Of A Personal Injury Claim?
Certain factors can determine the value of a personal injury claim, such as the severity of the impact, whether there was emergency room treatment needed or an emergency vehicle was needed to transport you from the accident scene to the treatment. Were you subsequently hospitalized? If so, the length of time that you stayed in the hospital is a factor. The type, amount and frequency of prescription pain medication that you took are good indications that you were really hurting. Other factors include if a specialty doctor was involved in your treatment, if physical therapy treatment was necessary, and if there were any type of operations needed during the course of your treatment. Did you lose any time from work? Did you have to purchase or rent any medical equipment and supplies? Did you have any broken bones? Was there any type of injury to your brain? Did you suffer any emotional distress because of all of the injuries that you had and the pain that you were suffering? What was the effect of your injury upon your spouse and your children? Did the ultimate result of your treatment result in any limitation of motion in your legs or arms or hands or feet? During the course of all this pain and suffering and treatment, was there loss of sleep and any impairment of sexual function? Many, many other factors that a good trial lawyer will think of and throw into the pot will make your claim more valuable.
How Do Pre-Existing Conditions Impact The Settlement Amount In A Personal Injury Claim?
Pre-existing conditions may have some effect on the settlement amount in a personal injury claim. You cannot recover for the actual pre-existing condition, but if the new injury that you receive either aggravated or made worse your pre-existing condition then that increases the value of your claim. This will be brought out in the medical evidence which will be introduced and the doctor will be asked to opine that you would not be hurting as bad as you are hurting now had it not been for that pre-existing condition. Certainly, if you are taking additional medication after the accident as compared to before with the pre-existing condition then that is a pretty good proof that it did aggravate it and increases your chances of a good recovery.
For more information on Car Damage In a Personal Injury Settlement, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 228-3450 today.
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