You have seen the commercials on TV, or read the billboards along the highway: Have you been in an accident? Call the Law Office of…
So what do those advertisements really mean anyway? This article looks at the dynamics of a personal injury case. Whether you have been involved in a car accident or injured in a farm related accident, you may be the victim of another person’s negligence, and therefore may be entitled to damages. Knowing your rights is critically important.
Generally, negligence is defined as failing to exercise the amount of care that a reasonable person would exercise under similar circumstances. It is an objective test. In a negligence case, the injured party (called the claimant) is entitled to certain damages from the negligent party (called the tortfeasor). These damages include (i) reimbursement of medical bills, (ii) lost wages and (iii) pain and suffering.
Medical Bills. To prove reimbursement of medical bills, the claimant must collect his or her medical records and itemized bills from each health care provider and submit them to the tortfeasor’s insurance company. The adjuster will not process a personal injury claim without them. It is best to submit these records once you have completed all necessary medical treatments and your personal physician has informed you that you have reached maximum medical improvement. Whether a claimant will receive the full measure of his or her medical bills will depend on certain factors, including but not limited to, (i) the amount of the overall charges (insurance companies do not want to pay excessive charges for medical treatments, or pay for excessive amounts of treatment, even if the per visit charge is reasonable), (ii) the type of doctor you visit (insurance companies do not like paying chiropractic bills) and (iii) how long you wait until receiving medical treatments after an accident (insurance companies do not like paying for medical treatments commenced months after an accident).
Lost Wages. To prove lost wages, you must submit recent pay stubs and a letter from the employer, stating (i) that you are a full time or part time employee, (ii) that you were scheduled to work on the day of the accident, but that you missed work because of the accident, (iii) the number of hours/days that you have missed work because of the accident, and (iv) the rate of your pay, usually on a per hour basis. Alternatively, if you are self-employed, as many farmers and agriculture business owners are, you may submit copies of your last year’s taxes. Lost wages received through a personal injury action are not taxable as income to the claimant.
Pain and Suffering. There is no magical formula for placing a value on pain and suffering. After all, only the claimant really knows what he or she has been through. As a general rule, though, it is widely held that the more catastrophic the injury to the claimant, the more compensation he or she will receive from the insurance recovery (subject, of course, to applicable coverage limits). In the end, the amount of money an injured person receives will depend largely on the settlement he or she has negotiated with the tortfeasor’s insurance company.
The adjusters working on the side of the insurance companies are well trained. You are not. They will fight hard to keep as much money in their pockets as possible, even at your expense. Please do not let this happen. Know your rights and retain the services of a sharp attorney who can wage the battles for you.
Jerry Potocnik is an attorney in Blue Springs, Mo. He is licensed in Missouri and Kansas.
