Is the help of a lawyer needed to get the most out of the insurance in regards to compensation for pain/suffering after bodily injury in car accident?

I have answered approximately 1,600 questions on this site over the years and yours is one of them that I have been asked many times. I have also been asked this through my law firm over the years. I will give you the same answer I have given everybody else.

First, your question is intelligent and its reasonable. Do you need a lawyer? Absolutely. If you had a serious medical problem and asked if you need a doctor, my answer would be the same.

I do not blame someone for trying to save money and do something themselves. The problem with these cases is that you will not save money. The reason is, the insurance company knows that you have no ammunition. They know that they can treat you poorly and not fairly compensate you for everything you have been through, because you have no recourse. Without recourse, then they simply do not take you very serious and do not regard you as a threat. Insurance companies are ruthless. They are in the business of making money. The less they pay out in claims, the more money they make. It is as simple as that.

 
I would love to tell you how to go about this, but I'm afraid that there is simply too much too it. Even people who have a law degree and have practicing for a couple years can struggle with these cases.

I cannot tell you what your case is worth without knowing all the details of your case, including medical information. The value of these cases are based on quite a number of factors. To list just a few, they are based on subjective versus objective injuries, the amount of medical treatment, the type of treatment, the nature of the injuries, various liability issues, insurance coverage types and limits, the facts and circumstances of the accident including the extent of car damage and low impact versus high impact, lost wages, out of pocket expenses, compensatory versus punitive damages, whether the other driver was cited for violating any traffic laws and the outcome of the citation(s), and the list goes on and on. I have handled these cases for years and depending on the type of injuries, I will usually communicate with the treating physicians and get a statement as to what is called Maximum Medical Improvement. With that I obtain documentation of any appliciable disability or impairment ratings. I get further documentation on any future loss of enjoyment (legal term), and any restrictions on a personal or work/professional basis. I get documentation on the doctors prediction for re-occuring problems with the injuries, what future medical treatment will be needed, the extent of such treatment, the projected cost of that treatment, and so forth. Another huge guideline for putting a value on these cases, is the dollar amount of the medical treatment, past and present. Then one of the more difficult form of legal damages, which is fully compensable, if "pain & suffering." That one has certain hurdles to go through as you could imagine, since it is not something that is laid out for you in black and white. Basically we look to the doctors to assist us in documenting pain & suffering and generally a statement from the doctor addressing this issue is sufficient. Another compensable damage that most people do not know about nor have the ability to calculate, is what is called Loss of Consortium, which applies when the injured party was married at the time of the accident.

As far as insurance coverage is concerned, all insurance polices have a limit. That is an amount that caps how much a person can receive on that particular policy. Once that policy limit is exhausted, then we have other insurance sources that we look to. The main ones are referred to UIM and UM. The initials stand for Under-Insured Motorist Coverage and Uninsured Motorist Coverage. In a nutshell, these type policies allow us to file claims against other policies that the principal policy of the at-fault driver. UIM & UM policies can belong to people that were not even involved in the accident. The law has set this up so that an injured person can seek additional protection and compensation in the event that there is not sufficient coverage in the main policy. Once we are able to ascertain that there is additional coverage, then we invoke the “stacking” laws of the state. The Stacking laws allow us to determine all of the other policies that will apply and in what order we are required to pursue them. There are numerous senerios on how this can work.

What I have outlined is not all inclusive. There are other factors and considerations with these type cases. I am just trying to outline for you an idea of what is involved.

Again, your question about needing an attorney is a very intelligent one. And the answer is Yes. There are legal matters that people who are not attorneys can handle themselves. And I certainly do not fault a person for wanting to try and do those things on their own. But if a person wants the most out of one of these cases, wants to be treated fairly, fully compensated, and protect themselves as much as possible, then they need the assistance of an experienced Personal Injury attorney.

I hope I've helped here. It was not my intent to overload you with information and believe it or not, I did try to just summarize all of this. Its just that there is so much to these cases that its hard to keep it short.

Should you have any other questions or are considering retaining an attorney, you are more than welcome to call or email me.

My firm is in the Myrtle Beach area and I represent people across the state.

 

Robert Johnston:      Attorney
Location:                  Myrtle Beach (Horry County)
Email:                       LawyerSC@aol.com
Phone:                     843-828-1137
Web Site:                 www.RobertJohnstonLaw.com