personal injury attorney

Insurance Companies and Personal Injury Cases

combschris1 · June 7, 2020 ·

How Do You Deal With Insurance Companies in a Personal Injury Case?

If you are injured in a car accident that was no fault of yours, planning to file a claim for compensation with an insurance company is only natural. But filing a claim and recovering compensation are often very different propositions for a simple reason.

You and the insurance company have very different objectives. While you want to recover the compensation that can help you move on from your accident quickly, the insurance company’s objective is to conclude the case for as little as possible.

Even if this means you don’t recover enough to cover your loss or injuries, or you don’t recover quickly enough to move on, it’s okay with them. Their primary duty is to their bottom line, not to you.

So, while you cannot avoid dealing with an insurance company after your accident, you should keep in mind that they will only be looking out for their best interests and not yours.

To help you understand how to deal with insurance companies after an accident, our personal injury attorneys explain what to do after a car accident.

Do Not Contact The Car Insurance Company Right Away

Being in an accident is bound to leave you shocked, confused, stressed out or likely injured. So you most likely are not in the best frame of mind to contact your insurance company. You need to gather facts and pull yourself together first.

Hopefully, the accident is not so serious as to leave you unconscious and hanging to life. If you are able to, the first thing you should do is to call 911. Any call you would make should be to the police, if they are not already on their way to the scene of the accident. You can also check on the passengers of the other car to see if anyone is injured

Get As Much Information As Possible To Aid Your Claim

You will need to get the other driver’s information to aid your claim. Information which you should get include:

Insurance information of the other driver
The full name and contact information of the other driver (also that of the passengers in the car)
Driver’s license and license plate number
Type, colour and model of the other driver’s car
Location of the accident

You will need to share your information with the other driver as well. Also,take pictures of the accident scene and the damage done to both cars .

Seek Medical Attention Immediately

It is best to seek medical care immediately after the accident. Explain all the symptoms to your doctor . This will enable your doctor to treat you appropriately.

Also ensure you keep getting treatment if you are still experiencing any symptoms. Failure to do so will make the Insurance company think you are fully healed.

Notify Your Car Insurance Company

After the accident, you are to notify your insurance company by filing a claim . If the accident was not your fault, your insurance company is expected to get your car fixed, pay your medical fees or pay you for any loss incurred.

The Insurance company would assign a Claims Adjuster to your case. A Claims Adjuster is a person assigned by the insurance company to manage your claim. It is his work to save the insurance company money, hence he would be on the lookout to sabotage your claim.

There are ways in which the insurance companies sabotage injured victim claims which would be explained below:

Make you accept fault

Missouri is a Comparative fault state. This means compensation for victims of accidents are granted only if they had no role in its cause. This legal doctrine is also known as contributory negligence.

What it means is that, should the insurance company find out you had a fault in the accident, your claim will be invalid.

However, what you need to do is get a St. Louis personal injury lawyer who will assess your claim and make sure you get just compensation for your injuries.

Create contradictions in your earlier submitted information

After filing your claim, insurance adjusters try everything within their power to discredit your claim in order to use it against you.

They monitor your movements and your social media handles just to get facts that contradict your earlier submitted information. This is all done in a bid to lower your settlement or deny your claim. It is always advised to get a personal injury attorney at this stage to help you handle the insurance adjusters.

Make you accept settlement before contacting a lawyer

The Insurance company would always want to make you accept their settlement before contacting a lawyer. These settlements are usually low and won’t cover the costs incurred after the accident.. However, contacting a lawyer before accepting a settlement is always best.

When dealing with your insurance company: (It is usually best to have your lawyer by your side to guide you)

Do not accept fault for the accident.
Do not sign a release form (or any other document) from the insurance company without consulting a personal injury attorney.
Do not distort facts or exaggerate
Do not give any official recorded statement without consulting a personal injury attorney.
Never answer any question which you are not sure of. Rather, it’s best to answer “I don’t know” to any questions to which you can not give a factual answer. Usually, it is questioned as to the speed you were driving at or other estimates.
Do not agree to any settlements from the insurance company without consulting a personal injury attorney. Usually, the initial settlements from the insurance companies are quite low.

Hire A Personal Injury lawyer

This is one of the most important factors. A personal injury attorney will ensure you get the best compensation for any losses incurred.

Having an experienced personal injury lawyer will ensure your claim is properly handled by the company.

Ultimately, such lawyers are more experienced in dealing with insurance companies. They are in the best position to know the true value of your claim, taking into consideration present and future damages.

It is however important you hire a personal injury lawyer early in the process in order for him to help you manage the insurance process.

Usually, your personal injury lawyer would:

Make sure you receive adequate medical treatment and order for your medical bills and medical records. After you have been properly healed, he would submit all your treatment information to the insurance company.
He would handle the negotiating process with the insurance company.
Your personal injury lawyer would submit a demand for settlement on your behalf to the insurance company. Then negotiations begin with the insurance company making the first offer, and it goes back and forth until your lawyer gets the best amount suited to your claim. Nonetheless, the decision to accept the offer or not lies with you.

Should you accept the offer, the negotiations ends. But if you don’t, your lawyer will file a lawsuit on your behalf against the party at fault. It usually takes longer than a settlement but you may be able to recover more compensation for your injuries.

This is why it is usually best to work with a lawyer who can advise you on how best to proceed. At Combs Law Group, our personal injury attorneys are amongst the best in the country.

We understand how difficult it is to deal with insurance companies. We are aware of the tactics they usually use to avoid paying fair compensation and know exactly how to get you the compensation you deserve.

If you have been injured in an accident and are now contemplating filing a claim, call us at 314-451-2711 to schedule a free, no-obligation consultation today. You can also send us an email at contact@combslawstl.com or fill out a contact form.

How Does The Personal Injury Claims Process Work?

combschris1 · May 7, 2020 ·

Introduction To Personal Injury Claims Process

If you have been involved in an accident that wasn’t your fault, you deserve to be compensated by the other party for the emotional and financial trauma caused by the accident. Of course, while most of us know that we have the option to hire a personal injury lawyer and pursue a personal injury claim, very few people actually know the process of a personal injury claim from start to finish.

In this step-by-step guide, we’ll take you through each step of the personal injury claim process and answer some common questions about each step in the process, so you can make informed decisions as you pursue the compensation you deserve.

What is a Personal Injury Claim?

Let’s cover the basics on the personal injury claims process to make sure we’re all on the same page. A personal injury claim is where someone, who was injured due to no fault of their own (known as the plaintiff), seeks financial compensation from another person, business, or entity who was responsible for their injury (known as the defendant), to cover the costs of their injury, any financial difficulties they’ve experienced due to the injury, and emotional distress. Personal injury lawyers or personal injury attorneys specialize in these types of legal claims and can help you navigate through the difficult legal process of personal injury claims.

What To Do If You’re Still at the Scene

If you are still at the scene of the accident call for an ambulance or ask someone nearby to do so for you. It’s important you are seen by a medical professional to record the accident and note down any injuries you have sustained. Be aware that it’s likely you are currently in shock and may have injuries the adrenaline is hiding.

If you are on a business’s premises, ask the manager to make an accident report and ask if there is any CCTV of the incident. If you have been in a car accident call the police and your insurance company. If you are able, get the names and phone numbers of the witnesses, and take pictures or video of the incident.

While any evidence you can gather now will help your case, your primary concern at this point should be in your own wellbeing. Sometimes it is better to have a loved one or family member gather any evidence, like take photos or witness names. It all depends on your circumstances.

Step 1: Hire Your Attorney

The first thing you need to do as soon as you can after your accident is research and hire a personal injury attorney. An experienced personal injury attorney will be able to guide you through the process, put together a great case for your claim, and combat any defense from the person or entity you are claiming from.

Most people start by searching “personal injury lawyer near me” and looking at the top results, but make sure you do your due diligence, even if you feel like you need an attorney as soon as possible. Look at each lawyer’s testimonials, meet with them, and ask them about how they will tackle your case. (If you’re looking for a personal injury lawyer in St. Louis, Missouri, contact us today and we can get that process started for you.)

Take a list of questions with you, make sure they answer them all and ask them about what they think the outcome of your case will be. While you want your attorney to be confident that they can get you a great settlement, beware of those who are willing to guarantee you a huge settlement. Yes, there are cases where an attorney can feel confident they’ll win you a great settlement, but too much bravado is a red flag.

Finally, discuss fees. Most personal injury lawyers are willing to work for a contingency fee (so they only get paid their fee if you get a settlement), so make sure you know how they charge, what they charge, and when they expect their payment.

If you agree to work together, your lawyer will first interview you about the accident and look at all the evidence surrounding the case, so they can decide if you have a good case. If they believe you do, you will move on to step 2. If they don’t believe you have a case, they will tell you at this stage and they won’t take your case any further.

Step 1 FAQs

Do I have to hire an attorney?

No, you don’t have to hire an attorney to file a personal injury claim, but it is recommended. Without one, you won’t have the guidance you need to get the largest settlement for your claim, and if the person or entity you are claiming from has a good lawyer, your claim may fail.

My accident was some time ago, but I am now feeling the repercussions. Can I still file a personal injury claim?

It depends. In Missouri, the statute of limitations for a personal injury claim is five years after the injury occurs.

All the attorneys I’ve spoken to charge the same fee. Is that normal?

Yes, most personal injury lawyers charge a similar percentage fee of the settlement, so you only need to worry if an attorney is charging much more or much less than the others you have spoken to.

An attorney I spoke to doesn’t believe I have a case. Can I seek a second opinion?

Yes, if one attorney isn’t willing to pursue your claim for you, you can speak to another and see if you can find representation elsewhere. You may find, however, that there isn’t enough legal evidence to pursue a claim.

Step 2: Send a Demand Letter

The next step is to send a demand letter. A demand letter gets the ball rolling and is the formal request from you (the plaintiff) to the defendant for payment for your damages. Your attorney will help you do this, but your demand letter will include what injuries and damages were sustained, why they are legally responsible for the injuries and damages, and the consequences of the accident. Consequences may be your medical bills, income lost from any time you were unable to work, and any ongoing pain and suffering.

The demand letter will be sent directly to the other party or their insurance company. This process is known as pre-litigation. In most cases, this demand letter will prompt an investigation by the insurance company’s “adjuster”. They will decide if there is a case and how much the claim is worth. They are looking out for the best interests of the insurance company and will do their best to minimize the claim and avoid a lawsuit.

If they refuse to pay or compromise the case progresses to a lawsuit, which is known as litigation. A claim may go to litigation if the defendant believes the accident wasn’t their fault, they don’t believe there is enough evidence for your claim or they don’t believe you truly sustained these injuries from the accident. If this is the case, your attorney will file a complaint.

Step 2 FAQs

If they agree to pay but not the full amount requested, do I have to accept?

No, you don’t. Your attorney will advise you on whether you should entertain their offer or not.

If they offer to pay the full settlement, do I still have to pay my attorney?

In almost all cases, yes, you do. Refer to your contract or agreement with your attorney.

How does an insurance adjuster decide what to offer?

Adjusters examine the same evidence that would be presented in court. They’ll look at medical expenses, damages, footage, witness reports, and more. They’ll also consider the policy limits and the strength of your case. The insurance company will never offer more than the maximum outlined in the defendant’s policy. If your damages exceed this limit, any remaining amount will have to be recovered from the defendant directly.

My attorney isn’t willing to send a demand letter until after I finish my medical treatment. Is this normal?

Yes, it isn’t unusual for an attorney to wait until a point of “maximum medical improvement” to send their demand letter. This is so they can demand the full cost of your medical treatment, or have an idea of your ongoing medical bills.

Step 3: File a Complaint

If an agreement has not been reached, the next step is to file a complaint. Filing a complaint is the official notice to the court and the defendant that you are filing a lawsuit against them and intend to seek compensation. This formal complaint will contain the people or entities involved, which court has jurisdiction over the case, the circumstances surrounding the claim, and the amount you are seeking.

Once your complaint is filed with the court, you and your attorney have 30 days to serve the complaint to the defendant, which must be done in person so there is proof of delivery. In most cases, this responsibility is outsourced to a process server.

When the complaint is served, they have another 30 days to respond, and the process moves on to the next step. If they fail to do so, the court will judge in your favor.

Step 3 FAQ

Do I have to file in the jurisdiction where the accident happened?

Not necessarily. If the defendant resides in a different state, you can sue them in that state because that state has jurisdiction over that person. Your attorney will be able to advise you on where you should sue.

Step 4: Discovery (Evidence Gathering)

The next step is known as “discovery”, which is essentially where both the plaintiff’s attorney and the defendant’s attorney question witnesses, investigate the claim, and gather evidence to be used in court. The evidence they collect may be:

Video or photo evidence
Witness testimonials
Internal accident reports
Police reports
Insurance reports
Medical records and bills
Income information

During this time, either side can file a motion for the case to be dismissed, delayed, or for a judgment to be reached. Alternatively, the two parties can negotiate in a meeting called “mediation”.

Step 4 FAQ

Does mitigation happen often?

Yes, most personal injury cases go to mitigation, and 95% will reach a settlement there.

Step 5: Settlement

Most personal injury cases end with the two parties going to mediation and deciding on a settlement out of court. In almost all cases, the plaintiff (you) agree to an amount of compensation you are happy with, and the defendant is able to keep the case from going to trial, at which time they lose control. It can also be favorable for the plaintiff if the evidence collected isn’t particularly strong. Your attorney will advise you on whether it’s a good idea to agree to their settlement or not.

If you agree to settle out of court, the amount is put in writing, finalized, and reviewed by the court to become a legally binding contract. In most cases, this contract will include an agreement to prevent the plaintiff from seeking further compensation, or from disclosing the settlement amount to others.

Step 5 FAQs

What happens if my attorney wants to settle but I don’t?

In most cases, you are in control of whether to take a settlement offer or not. You will need to discuss how to move forward with your attorney. If they believe you should settle it is worth taking into account their opinion, as they have seen numerous cases and will know what kind of settlement a claim like yours can expect. Remember you should have say in how the personal injury claims process moves forward, so don’t let your opinion go unheard.

Step 6: Going to Trial

If your case is in the minority (around 5% according to the Bureau of Criminal Justice) of personal injury claims that have to go to trial because the two parties could not agree on a settlement, then your case will be presented in court.

Each side will present their case in front of a judge or jury who will then make a decision. If they side with the plaintiff, the defendant will be ordered to pay (and the court decides the amount) for the damages sustained. If they decide the defendant isn’t legally responsible, the case will be dismissed.

Once this judgment is made, the “losing” side has a limited amount of time to decide whether to accept the decision or file an appeal. Once this time has elapsed, the claim has concluded.

Step 6 FAQ

Why do most cases settle out of court?

Most personal injury claims reach a settlement out of court because a trial is both costly and time-consuming, so unless the two parties are completely unable to agree on a settlement amount, it will benefit both to settle prior to a trial. The personal injury claims process can be an exhausting process sometimes, which is why it’s crucial you work with a good personal injury lawyer. One that will understand your personal needs and work with you throughout the entire process.

If you’ve had an accident that wasn’t your fault, we’re here to help. To find out more about how we can help you, contact us today for a free case evaluation.

Personal Injury Claim: How Are Personal Injury Lawyer Legal Fees Charged?

combschris1 · March 15, 2020 ·

If you’ve seen personal injury lawyers offering their services for free, you’ve likely wondered where in the process they get paid and how, but it isn’t until you or a loved one is injured in an accident that the question becomes of vital importance.

When you or a loved one is injured in an accident that wasn’t your fault, you deserve to be monetarily compensated for damage to your physical, mental, and financial wellbeing. The best way to make a personal injury claim is with the help of an experienced personal injury lawyer who will be able to get you the most money for your claim. Read on below to learn everything you need to know about the legal fees personal injury attorneys charge for a personal injury claim.

How Are Personal Injury Lawyers Able to Offer Their Services for “Free”?

As you likely already know, hiring a personal injury lawyer isn’t actually free – they are offered on a “contingency” fee basis. This means they are only awarded their fee if you (the victim) wins, and they take their fee from the money you are awarded as the result of your claim.

About Contingency Fees

Contingency fees are calculated by taking a percentage of the total amount you are awarded. This percentage is typically between 33 and 40 percent, so if you were awarded $30,000, your personal injury lawyer’s fees would be at least $10,000.

Alternatively, your personal injury lawyer may charge their fees on a sliding scale. This means they will prepare a proposed fee agreement so their final fee will vary depending on how soon the case is resolved.

Contingency Fee FAQ

Can I negotiate for a lower percentage?

You can try to negotiate a smaller percentage, but most personal injury lawyers receive one third (33%) of the final settlement.

Can I negotiate to pay in a different way?

You may be able to, but you’ll need to discuss these options with any personal injury lawyer to see if they are open to this in your case.

What The Fee Process Looks Like at Each Stage of Your Case

Stage 1: ASAP After Your Accident

Contact prospective personal injury lawyers close to your accident as possible to get their advice on anything they want you to do and so you can have someone on your side going forward.

At this stage, your prospective or chosen lawyer will look at the details of your case and decide on the fee structure they believe will be best for your case; either a flat contingency fee or a sliding scale fee. You may decide to negotiate here.

Stage 1 FAQ

Do I have to accept a lawyer’s fees?

No, if you think a lawyer’s fees are too high then you can choose to shop around, but you should be aware that the industry average is 30-40%.

Who pays for costs and expenses?

You will, but not until the case is over. These expenses will be deducted from your share of the final settlement. Until then your lawyer will cover the costs and expenses to do what it takes to win your case.

What costs and expenses may I have to pay?

These expenses are the cost of sourcing medical records and police reports, covering expert eye-witness fees, postage and filing, trial exhibits, and other things that are necessary to win your case.

Is there anything to pay at this stage?

No, there should not be anything to pay at this stage.

Stage 2: The Demand Letter

Once you agree to move ahead with a lawyer and agree to their fee structure, they will send a demand letter to the person or body responsible for your accident. In most cases, this will be a business or the insurance company of an individual.

The “other side” of your claim may make a counteroffer there and then, at which point you and your lawyer can negotiate and come to a fair settlement before your case needs to go to court. If this is the case, your lawyer’s fee may be lower than 33% if the case was resolved quickly or be exactly the expected 33%.

Stage 2 FAQ

What costs and fees may I have to pay at this stage?

None, if your case is not settled at this stage.

If you are lucky enough to settle at this stage, your lawyer’s fee and costs will be deducted from your final settlement fee. If you do settle at this stage your costs incurred will be significantly less than if your case goes all the way to trial, so you should keep that in mind if you are offered a settlement at this stage.

Can I reject a settlement offer if I don’t want to accept it?

Yes, you can. Your personal injury lawyer will advise you on what they believe, with their experience, would be the best thing to do.

Can we negotiate a better settlement at this stage?

Yes, in fact only 11% of people accept the first claim.

Stage 3: Filing a Lawsuit

If the other side rejects your claim then your lawyer will move forward and file a personal injury lawsuit.

If you aren’t awarded your settlement until after you file a lawsuit, but is negotiated out of court, your lawyer’s fees may be at or closer to 40% because they will have had to put a lot more time and effort into your case.

Stage 3 FAQ

Will I receive a better payout if my claim gets to this stage?

It is likely you will receive a better payout, yes. The other side in your claim will want to do all possible to keep your claim from progressing to stage 4 (going to court), as once your claim goes to court it is no longer in their control. If they lose they won’t have room to negotiate with you.

In general, payouts are twice as high once a lawsuit is filed as claims in similar situations who settled before this stage.

Will my lawyer’s fees increase if they get to this stage?

Yes, it’s likely they will, unless you agreed to a flat contingency fee at the start of your case.

Will the costs and expenses increase if my case gets to this stage?

Yes, they will. Filing a lawsuit incurs various charges depending on where it is filed, and your lawyer may need to gather extra information in preparation for future negotiations or for your claim going to trial.

Stage 4: If Your Case Goes to Trial

If your case goes to trial your lawyer’s percentage may rise slightly higher than 40%, depending on what fee you agreed on when you chose to work with your personal injury lawyer.

Stage 4 FAQs

What total percentage should I expect my personal injury lawyer to take at this stage?

If your case goes all the way to trial you should expect the fees and costs incurred by your lawyer to win your cast to be 45 – 60% of the final settlement fee.

An Example Settlement at Each Stage

Let’s look at an example personal injury claim at each stage to see what costs and fees you may be able to expect.

Say you are involved in an accident on the road which causes you to spend a week in the hospital and take six weeks off of work. You start stage 1 and find a personal injury lawyer you want to work with. They draw up a sliding scale fee structure that, for simplicities sake (real proposed fee structures are likely to be more complex), looks like this:

Settled pre-lawsuit: 35%
Settled post-lawsuit: 40%
Settled at trial: 50%

If your case is settled at stage 2 with $40,000, your lawyer will have a fee of $14,000. At this stage your costs incurred were likely minimal, so you may have an additional 5% in costs and expenses ($2,000). This leaves you with $24,000.

If your case isn’t settled until stage three, after you file the lawsuit, for $40,000, your lawyer’s fees will be $16,000. If your costs and expenses increased to 7.5% ($3,000), your remaining settlement would be slightly less at $21,000, though your settlement amount may have increased. As you may have read in the FAQ section for this stage, payouts can double once a lawsuit has been filed, so this estimate is purely for illustrative purposes. If this was the case for this scenario, the settlement would be $80,000, and the total fees and costs would be $32,000 and $6,000 respectively, leaving you $42,000.

If your case goes to trial there is no longer room for negotiation and it will be out of the other side’s hands, as well as yours. Personal injury claims are unlikely to go to trial for this reason and can be expensive for all involved. If your case goes to trial but you still receive the same settlement ($40,000), your lawyer’s fees would cost $20,000 and expenses at 10% ($4,000) would leave you with $16,000. However payouts often increase dramatically at this stage, so you would hope to achieve much better than this.

Frequently Asked Questions About Fees from Start to Finish

How do I receive my settlement?

In most cases, your settlement will be sent to your lawyer to ensure they can take their fee and cover all costs incurred by the case. This is to prevent people from refusing to pay lawyers for their work. Your lawyer will contact you when they receive the settlement to talk you through what deductions have been made and why.

Can I dispute the deductions?

If you feel there has been a deduction made unjustly, you may dispute them. If this is the case your lawyer may place the disputed amount in a protected account until you come to an agreement on how to move forward.

What happens if I fire my lawyer before a settlement is reached?

If you have reason to fire your lawyer before the case is over and switch to a new lawyer or decide to represent yourself, you will have to pay their fees and expenses incurred thus far or else they may choose to sue you. If you must separate from your current lawyer talk to them, come to an arrangement, and get them to say in writing that they will not pursue further fees and expenses on the case.

It’s best to do your research well before you agree to work with a lawyer than get into this position.

How long does a personal injury claim take to resolve?

Most cases will take almost a year to resolve, while others take just a few months. While this can be unfortunate timing for those who are in some difficulty after their accident, your lawyer will do all they can to speed up the process without showing the other side that you wish to settle soon.

Why does the claim take so long?

Claims that take longer to resolve often mean you are more likely to have a successful case with a higher payout. You also don’t want to let the other side know you are looking for a speedy payout as they may use this to their advantage and offer you less money in your settlement.

If my claim goes to court will I get a bigger settlement?

Probably, but it’s not guaranteed.

How many claims receive a payout on average?

On average, 7 out of 10 claims represented by a lawyer receive a payout.

What is a typical payout amount for a personal injury case?

The amount you will receive varies wildly depending on where the accident took place, the circumstances around it, and on the injuries and damages you sustained. Most payouts range from $3,000 – $75,000, while others receive more. Ask your personal injury lawyer for more information on what they believe is achievable.

Are You Looking for a Personal Injury Lawyer?

If you have been the victim in an accident that wasn’t your fault, you need the support of a great personal injury lawyer to help you in this difficult time and get you the best settlement possible to help ease the burden of your injuries, physically, mentally, and other damages that have been caused in your life.

The Combs Law Group is here for you, we offer free legal consultations to help you decide what your next move should be. If you’re looking for expert one-on-one advice click here to arrange your free consultation today. [link] We look forward to helping you take the first step forward toward the future.