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> > PERSONAL INJURY > WHAT TO EXPECT
At our first appointment, general information regarding your personal injury case is obtained. If we feel we can represent you given the nature of your accident, injury or experience and there are no conflicts of interest from our other clients, we will enter into a legal representation contract between you and the law office of The Krebs Law Firm LLC. After entering into this contract, you will be requested to sign certain authorization forms which will allow us to obtain your medical records and other necessary information. We will then immediately notify the person who was responsible for your injury and/or their insurance company that you have retained us as your attorneys. Requests will be sent to all of the doctors and hospitals involved in your care for your chart and billing information. You can then focus 100% of your energy on restoring your health and not have to worry about how to deal with insurance companies and how to complete various forms and paperwork. Communication Regarding Your Case
Be sure to do what your doctors tell you. There is never a reason or excuse to miss a doctor's appointment. By missing a doctor's appointment, you are saying to the doctor and to the insurance company that you don't hurt and your life is not impacted by your pain. Our job is to make a recovery for you for the pain and suffering that can be proven. Not going to the doctor can only prove that you are not hurting. It is very important for you to work hard to get well and to go to all of your appointments. If you are in pain and you do not see a doctor, the insurance company and the jury will not believe that you are having pain. Each time you go to the doctor and report that you are still having pain, your doctor makes an entry in his/her records. It is important for your doctor to have up-to-date information on your condition. Some people get discouraged and do not see their doctor even though they are having pain. This may harm your claim. It is important that your doctor knows how you are feeling. Five BIG MISTAKES an injured party can make
Please be sure to record the following:
While your case is pending against the insurance company of the person that caused your injury, we may try to arrange to have your medical bills paid by your own insurance company. This could be from the medical payments provision of your own automobile insurance policy or your own health insurance policy, or if applicable, worker's compensation insurance. Please be sure that all medical bills that relate to your injury are sent to our office (3645 Culpepper Circle, Springfield, MO 65804), so that we may handle them appropriately, monitor your case and forward them to the appropriate insurance company. You May Be Watched and Photographed When a claim is filed by an injured person, insurance companies routinely conduct a detailed investigation of the injured person's background. It is not uncommon for an insurance company investigator to park a surveillance van near your house and videotape your activities. These investigators work very hard to obtain videotapes of claimants lifting heavy groceries or engaging in strenuous physical activity that contradict an injury claim. However, these same surveillance tapes have been useful to corroborate our client's limitations, including the use of canes, crutches, etc. If you believe you are being watched, please call us and try to avoid the camera. Do not exaggerate your limitations or pose for the camera. Medical Liens Some of our clients are involved in an accident where there is no medical payments insurance, worker's compensation or private health insurance. In such cases, your doctor will expect to be paid by you at the conclusion of this case. Often they will require you to agree, in writing, to have us pay them directly from the proceeds you receive. Health care providers may file a "lien" which must be paid out of the proceeds of your case. If your doctor asks you to sign what is often called a "lien letter", be sure to contact our office. In some cases, it may not be appropriate for you to sign such an agreement. Subrogation If any insurance company pays some of your medical or other expenses arising from your injury, the law provides "subrogation" which means that the insurance company stands "in your shoes" and can recover from the liable party some or all of the amounts paid on your behalf. If this is the case, they usually are required to pay their proportionate share of the attorney's fee and costs in connection with the recovery. This is handled on a case-by-case basis. Bankruptcy If you are considering filing bankruptcy, you should know that you may lose all rights to your personal injury case. The Bankruptcy Court can take over your case, settle your case and give your settlement money to your creditors, and you will receive nothing. Be sure to talk to your lawyer before filing bankruptcy. Recent changes to bankruptcy laws should be reviewed in detail. Uninsured/Underinsured Driver If you were hit by an uninsured motorist or underinsured motorist, you may be eligible for benefits under your own policy or the policy that covered the vehicle you were in. Many insurance companies have special provisions if you desire to proceed against the uninsured motorist provision of the policy. In most cases, you will be able to collect for your lost wages, medical bills, pain and suffering, etc., in the same way as if the driver that hit you did have insurance. We will ask you to provide us with a complete copy of your own insurance policy in force at the time of the accident. Claims Against the Government Any injury claim, whether it stems from a car collision or other event that involves the government, is subject to special rules. The governmental entity involved may be the state, a city, a county, local government, or the United States. Generally, a "Notice of Claim" must be filed with the appropriate governmental agency very soon following your injury. If you believe that the government may be involved in your case, please notify us immediately. Government Assistance In the event you receive any form of government assistance, any settlement or verdict proceeds you receive may be subject to liens an/or limitation of the assistance program up to and including revocation or termination of government assistance to the party receiving such proceeds. return to top WHAT TO EXPECT IF WE FILE A LAWSUIT It may be necessary to file a lawsuit to obtain an adequate recovery. This is a legal decision that should be made by your attorney with your input. Before filing suit in your case, we will obtain your permission and explain to you why we believe a lawsuit should be filed. Although a lawsuit may have to be filed, settlement is always possible. Negotiations continue and only a small percentage of lawsuits actually go to trial. The following are the steps necessary to bring the case to trial. This is intended to be general information only. Each case is unique. Pleadings Pleadings are the documents parties file in court that form the basis of a lawsuit.
Once an action is filed, both sides have a right to "discover" facts concerning the opposing party's case. Normal discovery proceedings include written interrogatories, depositions, production of documents, requests for admissions and sometimes medical examinations.
There are occasions when the parties submit the dispute to "mediation". The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option to your case, your lawyer will discuss it with you. return to top |
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