To Contact An Attorney Or Not After An Accident

Wait, don’t get an attorney, see what happens first, see what her company offers. See what his injuries really are. It has only been a few days. He may be fine in 2 weeks, you don’t know yet, you don’t even have his diagnosis.

First, you are only going to get the actual cash value of the vehicle & all new cars instantly depreciate $2-3,000 maybe more the second you drive off the lot. I ALWAYS advise my insureds unless they are putting a big chunk of money down on the car (close to $10,000 at least) to get GAP insurance, it is less than $50 per year on your auto policy (usually for most people in my area). They can always take it off but can’t add it later, it has to be added when the new car is added. You will not get money to pay off the loan from the other carrier, sorry. If you chose to overfinance your car, that is between you & the loan company.

You can ask for lost wages. Car rental cost IS a loss of use. Also, once the car is paid for, the rental car payments will be cut off, so be prepared to go out & get another car when the bank gets paid off.

An attorney will take 30-40% of the settlement, if you can afford that, call one, otherwise wait. Also, the attorney will take all the bills (won’t pay them) and submit them all together to the other carrier which could put the medical bills in collections so be careful of that if you do decide to call an attorney. An attorney will also delay the settlement, ask any claim rep on here (I personally know 2 & they do the same thing), the files with attorneys tend to get worked on after the ones without attorneys.

Others Advice:

PLEASE NOTE; THE INFO BELOW IS BASED ON THE FACT IT APPEARS YOUR HUSBAND IS NOT LIABLE FOR THE ACCIDENT.

IF HE IS FOUND LIABLE, THEN ALL THE MED BILLS, YOUR VALUE ON YOUR CAR MINUS A DEDUCTIBLE WILL BE PAID FROM YOUR INSURANCE POLICY AND THIS IS IF ONLY YOU HAVE THE COVERAGE ON YOUR AUTO POLICY. IF HE IS LIABLE, NO PAIN/SUFFERING, LOST WAGES CAN BE PAID FROM YOUR OWN AUTO INSURANCE POLICY.

NOW IF THE OTHER INSURANCE COMPANY AGREES THEY ARE AT FAULT.

To start, I have been an auto claim adjuster for over 10 years.

What was said is about on the money, it appears they are an insurance agent.

1. You can only get the cash value of your vehicle regardless of how much you owe.

2. You are owed rental if your car is not drivable.

Yes, when your lien is paid, they will take you out of the rental within a day to a couple of days, depends on the insurance company, but be ready and look for a replacement car asap. The fact you have not found a replacement car does not change anything.

3. Medical bills;

if your auto insurance policy has medical payment coverage it is primary and pays 1st; then if you have health insurance, they pay 2nd; any out of pocket or deductibles are your responsibility. keep track of all payments you make;

The other company that is at fault does not, let me repeat, does not pay your medical bills; that is your responsibility to pay; that is the reason you have your auto medical payment coverage pay if you have on your policy or your health insurance. Otherwise, the providers will go after you for collection. The providers don’t care about any settlement with an insurance company, they want their money for services.

4. Attorney

In the next couple of days if not by now, you will get tons of phone calls and letters from attorneys. Ignore them.

Just because they advertise or send great brochures, most of them are just factories and they pay a ton for advertising, which they subtract from any settlement. (they usually charge higher fees; ie 40 to 50% vs the standard 1/3)

as for your injury;

they will request a signed authorization; this will allow them to get copies of the medical bills and all medical reports of the injuries. if your husband had pre-existing injuries, they take off the “value” of his injury. As for lost wages. it has to be verified by the doctor and by his employer. Just because he is off work for a week, does not mean he will be compensated for 1 week; it has to be verified.

Even if you treat for 3 months, some adjusters may not allow all the bills in the settlement; they could question if treatment medically necessary or overtreatment.

We take the medical bills, plus loss of income and add up the totals; we then add on pain/suffering for the total amount of offer we make.

The average time for any offer to be made is around 3 months; that allows for copies from providers, medical reports, etc; like above, we don’t make offers until treatment is complete. So if your husband has 2 months of treatment, then it could be 5 to 6 months before all info received to evaluate a settlement offer.

Now for attorneys:

Wait for any offer; if you believe it does not sound fair, ask the reason on how they came up with it; then if you want to consider getting an attorney for legal advice:

and this is important!

Call an attorney you have hired in the past, say for a divorce, bankruptcy, etc; if they can’t handle it, they will always refer you to a good attorney that can do you well; if you never hired an attorney, ask coworkers, family friends, etc for names. It is always best to hire an attorney someone knows, just like a plumber. (*usually the best attorneys, do not advertise; they don’t advertise since all of their business is referrals from other clients who were satisfied.*)

Cosmetic Surgery Medical Malpractice

Have You Been Injured by the Negligence or Malpractice of a Plastic Surgeon?

Beauty is only skin deep. Many people cite this common phrase, but every year more and more people choose to undergo plastic surgery. Many people put a huge value in how they look with the intention of plastic surgery improving their mental health, personal well-being, and overall life. Many people think of it as being routine maintenance that everyone should partake in. For some reason many people perceive plastic surgery to be simple and not necessarily a serious or invasive surgery; however, this could not be further from the truth.

While some forms of plastic surgery are fairly non-invasive, many can have very traumatic effects on your body. Furthermore, plastic surgery is a form of surgery and every type of surgery poses a risk to your health. Additionally, this risk is increased dramatically when a surgeon is negligent or careless with your procedure. If you have been injured due to medical malpractice involving plastic surgery you should immediately seek the help of an experienced attorney. More here @ https://www.carabinshaw.com/el-paso-medical-malpractice.html

What Kinds of Injuries Can Occur in Cosmetic Surgery?

Like any type of surgery, cosmetic surgery can be very dangerous and numerous problems can occur. Some people are predisposed to have doctors commit medical malpractice. If you are allergic to a specific type of medication or product frequently used in hospitals and doctor’s offices, you have an increased risk of your doctor committing medical malpractice. For instance, some people are allergic to latex. This requires all doctors and medical personnel who come in contact with the patient must wear non-latex gloves. Even though the patient informs their nurse or doctor, this is something that can be easily overlooked if the doctor is not paying adequate attention. While some people have a greater likelihood of being involved in medical malpractice, anyone undergoing a medical procedure can be harmed by physician negligence. More info here @
https://no1-lawyer.com/medical-malpractice-lawyers-in-odessa/
Many cosmetic surgeries require the patient to be unconscious during the procedure. This means that there must be an anesthesiologist. Often when patients are given anesthesia they can have negative reactions to the drug or suffer complications while being in such a deep sleep. It is crucial that you have a qualified and responsible doctor administering your anesthesia. If your physician is not paying close attention to the amount of anesthesia that they’re using or closely watching your vital signs, you could suffer severe complications which could lead to permanent injury or even death.

How Do I Know If I Have a Valid Medical Malpractice Claim?

Not every injury that is caused by surgery is actionable. Some consequences of surgery are unavoidable; however, many are caused by a surgeon’s negligence. For example, when a patient suffers a heart attack while in surgery it is not always considered to be caused by negligence. However, if your family member underwent elective surgery and consequently suffered a heart attack during or after the procedure and died, their doctor might be liable if they knew the patient was not insufficient health to undergo surgery and failed to inform them about the potential risks. In order to have a successful medical malpractice case, you must be able to prove that the surgeon did not act reasonably or failed to provide you adequate treatment. This might mean that your surgeon used a specific technique in surgery that a reasonable physician in his position would not use because it is more harmful or creates a greater potential for injury or death.

All medical malpractice cases are incredibly complex and can be overwhelming for someone who is inexperienced dealing with them. If you or your loved one has been injured or killed due to negligence during cosmetic surgery, you should immediately seek the help of an attorney. The attorneys at Our Law Offices have a great amount of experience handling medical malpractice cases and are well versed in this specific type of personal injury law. To discuss your potential medical malpractice claim, call Our Law Offices.

Has An Aggressive Driver Caused A Crash that Hurt You?

Aggressive drivers are generally considered to be at a greater risk of being involved in an accident. But, is this a fact or just fiction? To understand more about aggressive driving, let’s start by defining it.

What is aggressive driving?

The term aggressive driving means operating a motor vehicle in a way that is unsafe and hostile. An aggressive driver is considered to have no regard for others on the road. An aggressive driver may: change the lane frequently or in an unsafe manner; fail to signal or yield the right of way; tailgate and show disregard for traffic controls.

Aggressive Driving Laws

To date, the matter of aggressive driving has been addressed by 15 U.S. States in their legislatures, and 11 States have laws that specifically define the behavior. Here is the definition of the laws of some of the 15 states.

In one state, a driver is said to be driving aggressively if he/she exceeds the speed limit and does at least two of the following things: passes on the right out of a regular traffic lane, does not obey the device for traffic control; changes lanes in an unsafe manner; fails to yield right of way; drives too close to another vehicle; and performs actions that make him/her an immediate hazard to a person/vehicle.

In one state, a driver is considered aggressive if he/she: exceeds the speed limit; changes lanes in an improper or unsafe manner; fails to yield right of way; drives to closely; passes improperly; fails to obey the devices for traffic control. Driving aggressively is not an enforceable offense in ; the driver is handed a citation for specific traffic infraction or infractions. It is up to the officer in charge to check “Aggressive Driving” box on the ticket for the purpose of data collection.

Two states have made amendments to their existing laws for reckless drivers. These states have included actions similar to those defined as “aggressive” by other U.S. states.

Link Between Aggressive Driving and Accidents

According to a study released by AAA’s Foundation for Traffic Safety, as much as 56% of fatal accidents are due to aggressive behavior of the driver. Data from NHSTA’s Fatality Analysis Reporting System (FARS) suggests that driving aggressively may be the cause of: following in an improper manner; changing lanes improperly or erratically; driving on the shoulders of the road, on a sidewalk/meridian, or in a ditch; passing where it is prohibited by sign posts, pavement markings, and hill/curve; failing to signal; racing; among other reckless actions.

Educating Drivers about Aggressive Driving

Aggressive driving is on the rise. One reason for this trend is that the roads have become more and more crowded. However, the driver’s personality, anger management skills, attitude, time management skills all contribute in the aggressive behavior. Therefore, it is important to educate drivers about the dangers of aggressive driving and how they can stay safe on the road. Anyone interested in learning about aggressive driving should consider taking an aggressive driving course.

Defense Options for an Aggressive Driver

If you have made the mistake of driving aggressively and have been charged for it, you still have a chance of avoiding the associated penalty. A lawyer can help you reduce the offense to a civil traffic penalty such as improper driving, as many of the reasons for such citations are subjective. There is definitely the possibility that you were reacting in the safest possible way to the vehicles around you. Drivers who have a reasonable explanation for the incident and a good driving record many times get a reduction to improper driving.
Please consult with your personal injury attorney to deal with your personal injury case