Continued Protecting Your Rights

     If you or others in your car were injured, settling your claim is much more complicated, and you are well advised to consult an attorney. Even modest settlements can be tricky. If there were injuries to minors, special rules apply, and a settlement will probably require court approval.

     Settlements are almost always final. Releases drafted by insurance company lawyers are written to protect the insurance company, and the person it insures, from any further exposure on the claim. Before signing away any rights, take the advise of an attorney. The key to knowing what your claim is worth, is knowing how similar cases have been settled, arbitrated, or tried in court. Insurance companies have the power that you, as the claimant, do not. This can place you at a disadvantage when it comes to negotiating a fair settlement on your own.

     This insurance adjuster's job is to represent the insurance company and its insured. The adjuster’s goal is to save the insurance company money, while fulfilling its obligations to the person they represent, the person who caused the accident. A good personal injury attorney has access to the same verdict and settlement reports as the insurance company, and can therefore help you make better informed decisions during settlement negotiations.
     An attorney can also be very helpful in finding applicable insurance coverage, especially when the person who caused the accident has little or no insurance. Insurance adjusters sometimes advise claimants not to hire a lawyer, or suggest that the claimant will receive less money if they use an attorney. You should know that it is a violation of the Utah Unfair Claims Settlement Practice rule for an adjuster to make such a statement. In most cases, you are well advised to discuss your case with a lawyer.

     
     Using an attorney can be one of the most important legal decisions you make. Before you let a lawyer ask the tough questions for you in court, first ask him or her some tough questions of your own. Here are some things to consider. You should feel comfortable with your attorney. Your attorney must be able to understand the legal specifics of your case, as well as understand your emotions about it. One of the best things that a lawyer can do for a client is to listen. A good accident attorney will devote the time and attention that your case deserves.
Your attorney should have access to up-to-date legal research and jury verdict information. Computerized research assistance is ideal. Experience is another key point. The lawyer you choose should have the specific kind of experience required to handle your case. Also, choose an attorney or law firm with a solid reputation. Reputation in the legal field, is earned by years of hard work and results. What other lawyers and judges think about a firm says a lot about its practice.
     
     Your initial consultation is usually a free visit where you meet with your attorney about specifics of the case. Most attorneys who specialize in this form of law, prefer to handle the initial consultation, to be sure that the case merits pursuit. In a few of the larger firms, you may speak with an individual who is just starting out, and who may pass the case on to a specific lawyer who is well versed in that specific part of the law. It is important to bring all the documentation you have to the attorney’s office. If the case is related to an automobile accident, you should have the names of the insurance companies, the license numbers of the vehicles involved, and the case number of the police report. If you do not have all the information, do not worry. If there seems to be merit in the case, the attorney will locate the information.

     
      When you hire an informed personal injury attorney to represent you, you can expect that he or she will protect your rights and present your claim in the best light possible. If you wait to long to hire an attorney, their ability to represent you is made more difficult by the passage of time.
     Your attorney will gather together all copies of official documents and reports relating to your claim. You can expect your attorney to refer you to a doctor qualified to treat your injuries. If you do not have health insurance, your attorney may be able to obtain medical care for you by giving the doctor a promise on your behalf, to pay the medical expenses at the time of settlement.
Your personal injury attorney can also provide support personal, such as investigators and photographers to support and document your claim. However, it is important that you notify your attorney as soon as possible, of all the facts about your case, so that the best preparation and presentation of your case can be made.
     
      A contingency agreement is an agreement by an attorney, to take a certain percentage of a settlement of a claim as a fee. The fee is not collected until the settlement is paid. Generally the fee is one- third of any total settlement, but can be a greater or lesser percentage by agreement between the attorney and client. This is a standard fee agreement in personal injury cases.

     No money is required in advance from the client. The attorney does not collect a fee when there is no recovery. Costs in a personal injury case may include fees for a police report, medical records, photo copies, or investigative services. If a law suit is required, there are additional fees for filing fees, process fees, and deposition charges. The most important thing to understand about costs, is that they are separate and distinct from an attorney fee, and most agreements state this fact specifically.

     Although the costs are usually also paid at the time of the recovery, they are paid out of the remaining funds after the fee is subtracted. Some people believe that costs and attorney’s fees are included in the one-third percentage, but this is not correct. To correctly calculate a client’s award, the attorney’s fee is subtracted from the total settlement amount, and then costs, medical, and other outstanding debts, are deducted from the remaining amount.

     
      In most accident cases, there is an insurance company that will be responsible to pay the necessary damages, and an out of court settlement can be reached. It is in the best interests of both sides, in many cases, to settle out of court in order to avoid the delay and expense of a lawsuit. If an attorney has properly prepared for the settlement negotiations, it may make settlement easier.
     Claimants not represented by an attorney will traditionally be offered less in the settlement award. If you have been in an accident with injuries, you should not settle your case, or even give a recorded statement or interview to an insurance investigator or adjuster before you have spoken with an experienced accident attorney.

     
      Many, if not most, personal injury claims, are settled without filing a lawsuit. Lawsuits are filed if a fair agreement can not be reached, or if the deadline to file is approaching. A lawsuit allows an impartial person, or jury, to look at all the facts and decide what is fair.

     The time an injured person has to file a lawsuit is set by law, and depends on many different factors, including: the type of accident, where it happened, who was involved, the age of the parties, and other factors. The deadline to file a lawsuit is known as the Statute of Limitations. A personal injury lawsuit against a non-governmental entity or individual, must usually be started within four years of the date of the accident.

     Generally, if your claim is against a government entity, the limitations are much shorter. It is not possible to cover all of the conditions that would determine the Statute of Limitations in this page. To properly determine the deadline in your case, consult a lawyer who handles accident cases promptly.

     
      A release is a legal document that ends a person’s right to make claims for damages suffered in an automobile accident, against another person, or an insurance company. This document is usually signed by a person after a claim has been settled with his approval, and is binding on his heirs as well.
It is very important to understand that signing a release for an insurance company completely ends a person’s right to make any further claims against that company for damages arising out of that motor vehicle accident. When an insurance company is trying to settle a claim for a person who is not represented by an attorney, the company may try to pressure a person into signing a release document for a part of his claim; usually property damage. It is very important that a person not sign any type of release document until he understands exactly what it says, and has the benefit of legal counsel.

     A release document in settlement of a claim, is a binding legal document that ends your right to make any further claims regarding that motor vehicle accident. It is in your best interest to consult your attorney regarding any release documents prior to signing.
     
      A recorded statement is a statement of the facts of an accident, taken by an insurance adjuster, and recorded by tape or signed writing. It may be taken by a person’s own insurance company, or by the insurance company of another person involved in a motor vehicle accident. It is usually taken soon after an accident occurs, but may be taken any time prior to settlement of a claim. It is not required that a recorded statement be taken by an insurance company, and usually depends on the individual accident situation. Questions asked include: basic personal information such as name, address, date of birth, and employment information. But the focus is on the facts of an accident, and a person’s injuries and property damages.

     Although the statement is not a court deposition, it is recorded, and kept by the insurance company that tapes it. It may be used to support or contradict other statements of a person, in the course of resolving a claim. When a person is represented by an attorney, the attorney prepares the client in advance, and then monitors the statement and the questions the adjuster can ask. It is important to tell the truth about what happened during the accident, but not be swayed by the adjuster’s comments.

     A person can also discuss his injuries to the extent of his knowledge, but should answer all questions as briefly and clearly as possible to avoid possible confusion and misunderstanding.
     
      No fault medical payments coverage on automobile insurance policies, may be one of the least understood types of coverage. It pays the medical bills of the driver and passengers of the automobile, if there is an accident. It pays regardless of who is at fault for the accident. The accident: even if it is your fault, medical payments coverage will pay the medical bills up to the set limit, incurred by you and your passengers. Medical payments are usually separate from any general damage settlement for injuries caused by someone else.

     Payments coverage usually has no deductible, and you can select any licensed doctor or health care facility. If you are injured as a passenger in an automobile that has no medical payments coverage, your personal medical payments coverage on your own car, may well cover your medical bills. No fault benefits can be confusing.

     Chances are, that if you have been injured in an automobile, and you are covered by Utah No Fault Insurance, you may be entitled to medical payments, lost wages, and an allowance for household services while disabled. When in doubt, ask a reputable accident attorney.
     
      Many victims of accidents miss time on the job due to injuries that they receive in an accident. They may lose pay or valuable personal leave time because of the accident. Lost earnings can be a devastating consequence of injury accidents. If the accident is someone else’s fault, a claim should be made for the injuries, and part of this claim can be for lost earnings from employment.

     An accident attorney can obtain documentation from your employer of all lost earnings, and make it a part of your claim. If your education has been delayed, or you have missed opportunities for advancement in your employment, the law recognizes your ability to seek compensation for these damages as well. The measure of your damages for earnings lost due to an accident, is usually the gross pay you would have received before taxes are deducted.

     If you have been injured in an accident, and have lost earnings, or other employment opportunities due to your injuries, you may wish to consult with an accident attorney who’s willing to personally answer your questions regarding how you can be reimbursed for your losses. The attorney can also assist you in gathering the necessary evidence to prove your loss to the insurance company, or in court if necessary.

     
      Pain is a difficult concept to put a dollar amount on when computing damages. Insurance companies are rarely impressed with claims for pain in small cases. Therefore, it is essential that you be able to demonstrate the evidence and duration of real pain. A personal injury attorney should be experienced in proving and presenting this element of damages for your case.

     Suffering is usually combined with pain as damages. However, suffering is actually something quite different. Pain is the physical sensation you feel when suffering is the emotional and mental side of that pain. It is important that your personal injury attorney be able to document that evidence supporting your claims of pain and suffering.

     
      Evaluating a personal injury claim can only be done after a complete investigation of all aspects of the case. This includes a detailed analysis of the injury itself, past, present, and future medical status, the rights and liabilities of the parties, as well as their ability to pay. The opposing lawyers, with their respective client’s consent, often settle personal injury cases out of court. When these cases do go to trial, a jury usually decided the question of liability and damages.

     Damages awarded in personal injury cases usually include payment of medical bills and reimbursment of lost wages, but may also include payment for future medical bills and future wage lost. In most cases, damages are also awarded for physical pain and suffering, disfigurement, or disability that results from the injury.

     
      There are two basic types of damages which are related to personal injury suits: punitive and compensatory damages. If you prove your case, you are generally awarded damages by the judge or the jury for your actual losses, at an up to date and projected medical costs. These are called compensatory damages. You may be compensated for loss of wages, pain and suffering, and loss of consortium as well.

     The amount may be determined by many factors. Punitive damages are awarded when the act which injured you proves to be intentional. These type of awards are not frequently assessed. Most often they are assessed against corporations, which the court finds you have acted recklessly, or against the public interest. By making the corporation pay these sums, the court sends the message that this is not to happen again.