Posts Tagged ‘injury lawyer’

Why waiting to get help on your injury claim is a really bad idea

I see this way too often.  Someone gets hurt, and they decide that they’ll try to handle the claim on their own until they feel like they need an attorney.  Then it gets ugly, and 2.5 years down the road, they have 6 months left on their statute of limitations, a tangled mess of a claim, and they struggle to find an attorney willing to jump in at such late notice.

Why mess around? I guess I understand…people hear so much negativity about lawyers, particularly personal injury lawyers, and they assume the worst.  Injury victims feel like they might be victimized twice if they hire an attorney, when the truth is that they’re victimizing themselves by NOT hiring an attorney.

If you wanted to build a house, would you try to build it on your own until it was time to put up the sheet rock, and THEN try to get an architect and contractor to come and make sure it was all right?  What are the chances you’ll just have to tear it all down and start over?  Probably pretty high.  But you can’t just start over with your injury claim; once you’ve made a mess of it, it’s a mess.

Don’t make this mistake when there is so much help available out there.  Reduce your chances of making a bad situation worse.  If you’re hurt in an accident, call an attorney.  Call me 919-929-2992.

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Hit & Run Auto Accident Claims

It’s already tough enough being in an auto accident.  You’re hurt, you have a busted up car, and life is harder than it needs to be.  What makes it even worse is when the knucklehead who caused the accident flees the scene.  What do you do then?

Obviously, the most important thing is your health and safety, and the health and safety of everyone involved.  Check to make sure you’re taking care of that stuff first, then worry about the knucklehead.

After that, see if you can get any identifying info.  Take a picture before s/he runs? Of the person, the car, the tag?  Get any witness statements that you can.  Don’t forget their names and contact info.

Of course, you want to call law enforcement if that’s not already done.  Depending on the situation, they might be able to catch the person quickly, or at least track them down eventually.

What gets really frustrating is when the owner of the hit and run vehicle reports their vehicle stolen shortly after the accident.  This often occurs when abysmally unscrupulous people try to avoid consequences for their negligence, hoping that someone will believe their tale.  Sadly, it sometimes works.  But if you get law enforcement involved, and you’re luckier than you have been so far, that theory can be sunk.  Were the keys in the car?  That’s prima facie evidence of permission to drive.  Is the owner of the car mysteriously injured, kind of like they were just involved in an auto accident?  Any witnesses?

Whether or not you can put the right person in the bad guy’s car can really affect your insurance coverage situation.  Is this a liability claim, or did it just become an uninsured motorist claim?  We’ll have to see…

Injury claims are hard enough to deal with.  When you’re dealing with knuckleheads who lie, it only makes matters worse.  Get an attorney to help.  Get me to help.

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Medicare and Your Auto Accident Injury Claim

 

In general, the way auto injury claims work in North Carolina is that they hit you, you get treatment, then their insurance pays you for your losses.  Easy peasy, right?  Well, it’s not that simple, and if you have Medicare, it’s way more complicated.

When you have Medicare, they should pay for your treatment.  Don’t let the hospital tell you they can’t/won’t bill them.  They should take your health insurance, whether it’s Medicare or not!

But it gets even more complicated.  When negotiating the settlement of you claim, you need to take into account what Medicare is going to want back.  That’s right, you’re going to have to pay something out of your settlement to Medicare after you settle the claim.

Early in your claim, you should (or your attorney should) send a letter to Medicare asking them for a Conditional Payment amount.  This can take months, so the sooner you ask the better.  This is the amount you use for negotiation purposes to determine what you’ll have to pay them back from the settlement.

This will sound backwards, I know, but bear with me.  AFTER you settle the case, yes, AFTER you settle the case, you THEN ask Medicare for their Final Payment amount, which is the amount they really do want back.  It’s normally less than the Conditional Payment number, but doesn’t have to be.  Medicare does take into account the cost of recovery (attorney’s fees, etc.), so that helps.

In a nutshell, it’s complicated, which is why you should seek competent legal representation.  Call a personal injury lawyer. Heck, call me!  919-929-2992.

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Contact Jeffrey

Jeffrey Allen Howard, Attorney at Law, PLLC
1829 E. Franklin St. - Bldg 600
Chapel Hill, NC 27514

(P) 919-929-2992
(F) 919-636-4779

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