Frequently Asked Questions
What are the different types of compensation?
There are five basic types of damages that you may potentially receive compensation for in a medical malpractice case. They are defined below, and the first five are the definitions a jury would receive in trying to determine what to award in a medical malpractice case:
- Past Economic Damages mean damages incurred in the past for financial harm such as medical expenses for necessary drugs, therapy, and medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services, well as past lost earnings and past lost earning capacity.
- Past Non-Economic Damages mean those damages arising in the past from non-financial harm such as pain, mental anguish, inconvenience, physical impairment, and disfigurement.
- Future Economic Damages mean those damages arising in the future from financial harm such as medical expenses for necessary drugs, therapy, and for medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services, as well as lost earnings and loss of future earning capacity.
- Future Non-Economic Damages mean those damages arising in the future from non-financial harm such as pain, mental anguish, inconvenience, physical impairment, disfigurement, and loss of capacity to enjoy life.
- Punitive Damages are awarded as a way to punish the wrongdoer. Punitive damages are only awarded in rare cases when it can be shown that the wrongdoer had evil intent or, by his or her actions, showed a conscious disregard for the safety of others.
What is an important thing to do after you’ve been injured?
One of the most important things you can do after being injured is keeping all of your medical appointments. Juries and insurance companies believe that injured people will keep their follow-up appointments. Additionally, in some states, the court can reduce your money recovery for failure to “mitigate” your damages. One way the insurance companies argue a person failed to mitigate their damages is the failure to keep follow-up appointments.
Do I have to pay anything to see if I have a personal injury case?
At InjuryLawUSA, there is no fee for an initial consultation and no obligation when initially discussing your motorcycle case. InjuryLawUSA handles all our cases based on a contingency fee. A contingency fee basis means that if we do not receive any recovery on your behalf, you do not owe us any financial compensation for our representation. We do not get paid until you get paid.
What do I do if I live in one state but I was injured in another state?
InjuryLawUSA can help you! With attorneys throughout the United States, InjuryLawUSA can match you with a pre-vetted attorney in any location.
What to do when you've been injured?
Medical Care: Continue seeking medical attention with health care specialists. In some cases, Injury Law USA founder, Dr. Brad Bradshaw can help with finding a top health care clinic or physician, this has included the Craig Hospital for spinal cord and brain injuries, and physicians performing osseous integration for amputees, among others. Your health is more important that anything. Further, most insurance companies and juries believe that if a person was truly severely injured, they will seek out ongoing medical care and will not suddenly stop treatment. The larger the time gap between the accident and seeking ongoing treatment, the more this will negatively affect your injury claim.
Photographs: It is also important to take photographs of the property damage. Once your vehicle is destroyed, evidence proving the severity of the impact is lost. These photographs are top priority when it comes to building evidence for your case.
Documentation: Keep documentation of all your medical providers. Juries and insurance companies believe that injured people will attend appointments if they are truly injured. Do not miss follow up appointments with a good reason (if you do miss for a good reason, keep documentation) and keep all documentation of follow up appointments. This is crucial when it comes to demonstrating how an injury has affected your quality of life. Failure to attend or keep documentation explaining missed appointments and follow ups can result in the court reducing your money recovery for failure to “mitigate” your damages. One way the insurance companies argue a person failed to mitigate their damages is the failure to keep follow-up appointments.
What kind of injuries are covered?
All injuries and damages are covered. All injuries fit in to one of two categories, economic and non-economic. Injury Law USA can obtain recovery for you for both. Economic recovery means anything you can put down on paper, from medical bills to lost wages to future medical care, and even property damages or something as simple as paying someone to mow your yard. If it can be documented on paper, we can almost always claim it. The second category is non-economic recovery. Non-economic recovery consists of pain and suffering, loss of companionship, loss of enjoyment in life, such as ability to continue to enjoy with hobbies and activities, and other similar losses. Almost any injury that is sustained in a personal injury can result in damages that we can claim for you.
Should I talk to the insurance agent?
If an insurance company contacts you after your accident, do not admit to anything, and don’t sign any papers. Sometimes, they may even try to offer you a lump sum amount to dissuade you from going to court. While this may seem like an attractive offer, please resist the temptation to take it. In 99 out of 100 cases, you’ll get a much higher amount if you have your lawyer follow through with a claim or lawsuit. Contact an experienced car accident attorney immediately after your accident so that you’re able to protect yourself from the dishonest and underhanded tactics employed by insurance companies.
Should I keep track of my expenses?
When it comes to compensation, you can sue for numerous damages as long as you are able to prove that they are directly related to the accident. Here are some damages that are synonymous with car accident cases:
- Disability and disfigurement
- Pain and suffering
- Medical bills
- Lost wages
- Out of pocket expenses
- Property damage
- Loss of consortium
- Emotional and mental distress
How can I pay for my medical bills?
- MedPay: MedPay can come from your insurance policy. Most auto policies have MedPay, which pays up to a certain amount (Typically $5,000 or $10,000) no matter who is at fault in an accident.
- MedPay: If you are a passenger in someone else’s car, there may be more than one MedPay policy that can pay. The driver of the vehicle you were in as well as the MedPay on your vehicle.
- Employer-Provided Health Insurance
- Public Health Insurance: you may be eligible for Medicare or Medicaid or other public health insurance to help pay your bills.
- Private Health Insurance
- Workers’ Compensation: If you were on the job at the time of the accident, Workers’ Compensation would pay your medical bills.
- Lien: Medical professionals may take a lien out on your medical care.
Can I recover lost wages?
Yes. Wage/income loss is all actual past loss of income from the accident date to the day you return to work. You are entitled to recover all lost wages without deduction for taxes.
Although you are entitled to compensation for time missed from work, it is crucial to keep in mind that your employer will need to verify that you could not work. Your medical provider must give you a “prescription” in the form of a documented work release to take time off work. If you even take off work without a doctor’s note, the insurer will often contest whether you were able to work or not. Additionally, if you claim that you cannot work as a result of injuries, you will have to prove how much money you lost as a direct result of the injury. Besides proof from your doctor that you needed to take that time off (e.g., work release verification), you will need a letter on your employer’s letterhead or copies of your pay stubs.
Have more questions?
Contact us for any other questions you may have regarding your personal injury case. Initial consultations are free and all communication and questions are confidential.