Personal injury attorney Tom Douglas explains why you should focus on getting the treatment you need after an accident or injury, and why you should avoid signing anything from an insurance company until you’ve talked with a personal injury lawyer.
Transcript of video:
Hi my name is Tom Douglas. I’ve been doing personal injury cases in Maine for many years.
In the process I’ve learned a lot and I want to share some of my observations about personal injury cases in Maine with you.
Every personal injury claim has two basic components – liability – who is at fault, and damages – what are the extent of your injuries. When insurance companies evaluate a personal injury claim, they look at these two basic components. The first thing they look at is liability, to determine whether or not they may have to pay out on your claim.
If you’ve been injured in an accident, the first thing you should be worried about is your health. Make sure you get the treatment you need for a complete recovery.
If the person or company who caused the accident has insurance, the insurance company will first evaluate its potential liability in the case.
If the insurance company thinks they may have to pay out on your claim that they will have to pay on your claim, they are probably going to get you on the phone and negotiate a quick settlement. The reason they do this is because they want limit the amount they pay on your claim to only those expenses you’ve accumulated up to that time. Then they’ll get you to sign a release waiving any future expenses on the claim. This is a mistake, as in value of your claim cannot be determined until you have finished treatment and all of your expenses are known.
Many people think that they can save money by negotiating personal injury claims by themselves without hiring a lawyer. This is a mistake. In the first place, most people have no idea how to properly value a personal injury claim and as a result they end up setting for a lot less money than they would have gotten if they had hired a lawyer. In the second place, there are many complicated concepts involved in settling a personal injury case.
For example, if your health insurance carrier has paid medical expenses for your claim, they may be entitled to a ‘subrogation lien’ at the time of settlement.
Most people have no idea how to identify and deal with subrogation liens once their case is resolved.
If you’ve been injured in an accident, your first concern should be your health. Make sure you get the treatment you need for a full and complete recovery.
Once your treatment is complete, there are two stages of your claim. Negotiation and litigation.
During the negotiation phase we submit your claim to the insurance company with an appropriate valuation and attempt to negotiate a settlement before we go to court.
If we can’t negotiate a settlement, we enter the litigation phase. In most cases, we file a lawsuit in the appropriate court, seeking a full recovery from the insurance company.
If you think you may have a personal injury claim, please give us a call. We offer a free 30 minute consultation for all new clients. And remember we don’t get paid until you get paid.
Thanks, have a great day.
– Posted by Attorney Thomas L. Douglas
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