What Is It Like During The First Hearing? How Long Is The Case Going To Take?
Most personal injury cases settle without having to file a lawsuit and we try to settle most personal injury cases because lawsuits can become tedious. They’re time consuming, they’re costly and clients want some closure and they want to be compensated for their injuries. Typically the timeframe is going to be after the accident occurs, we’re going to need to wait until the person has gone through all the medical treatments that they need and a doctor clears them and says, “This is as good as you’re going to be, we’ve gotten you back to what we call maximum medical improvement and we’ve gotten you back to where we think you need to be”. At that point in time, we can request all the records and we would send a demand letter to the insurance company and attempt to work out settlement negotiations after that.
We don’t want to initiate any kind of settlement prior to you completing your medical treatment because all those medical bills will be used as a gauge as to what the total value of your case may be. If a case fails to settle though and if the adjuster and the attorney do not value the case in a similar manner, your attorney can file a lawsuit. If you have to file a lawsuit, it’s going to take some time. There’ll be interrogatories and requests for production, there’ll be depositions, and depending upon the county or the docket your case is set on, your case may not be set for trial for quite some time.
Can an Attorney Help Negotiate Down Hospital and Medical Bills?
Yes. Depending upon the amount of the potential settlement or verdict, the medical provider or medical insurance company will reduce their interest by your attorney’s fees percentage or more. At the very minimum, if you were signed up at a 33 percent contingency fee, medical providers will agree to reduce their subrogation interest by at least 33 percent.
What Happens in the Case Where My Medical Bills Exceed My Insurance?
At that point in time, we’d have to enter into discussions and negotiations with the healthcare provider to obviously take a smaller portion of the settlement. They still may not be made whole, but you would go to them with the total amount that was offered and you would say, “This is what we have and you’re going to have to take less to allow this case to settle”.
What Happens Where an Individual Dies as a Result of Their Injuries from an Auto Accident?
The case would then be not only just a personal injury case, it would become a wrongful death case.
Does it Work the Same with Motorcycle or Truck Accidents?
Yes but an individual’s injuries are often worse in trucking or motorcycle accidents. Obviously 18-wheelers are extremely heavy, powerful pieces of machinery and they can cause a great deal damage when they hit a passenger car. Motorcycles drivers are more exposed and given less protection than an individual would be in a car. The process is still the same but unfortunately the injuries in the aftermath is often times a lot worse.
For more information on The Process during the First Hearing, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (205) 871-9990 today.
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