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WHEN SHOULD PERSONS SEEK MEDICAL ATTENTION AFTER ACCIDENTSFollowing an accident, injured individuals typically require medical care. If you are injured, you should seek medical attention immediately. The sooner you seek medical attention, the sooner you will learn the extent of your injury and the sooner you will be able to recover.
The longer you wait, the more likely it is that the insurance adjuster will attempt to use this against you. Often, people believe that their pain will subside on its own and that they will not require medical treatment. Delay in seeking treatment following an auto accident only delays your recovery if you have sustained a treatable injury. Adjusters will attempt to use this against you. Seek treatment immediately to ascertain the nature of your injury and whether it requires further medical attention.
WHAT TYPES OF TREATMENT ARE AVAILABLE FOLLOWING A CAR ACCIDENT INJURY?Numerous concerns arise regarding medical treatment following a car accident injury. Can you use a medical facility covered by your health insurance or do you have to go to a facility approved by your auto insurance? Is it necessary to see a chiropractor following a car accident? What if your deductible is high? How will you pay for treatment if your copays and deductibles are so high? What if you’re a Medicare or Medicaid beneficiary? What if you were injured while driving for work? What if you require the services of a specialist?
You may seek treatment at any medical facility that is appropriate for your injury. Who you see is not determined by the other driver’s auto liability insurance. They express no opinion about your treatment.
If you have a medical facility with which you are familiar, you should use it. If you prefer to use a medical facility that is covered by your health insurance, that is acceptable as well.
If you are concerned about paying copays and deductibles that you cannot afford, or if you lack health insurance, we can assist you in locating a medical facility that can treat your injury.
When people are injured in automobile accidents as a result of various circumstances, there are numerous variables. Contact us to schedule a consultation with our car accident attorney. We can advise you on the most appropriate type of medical facility for your situation. Each case is unique, and your specific circumstances must be discussed in order to determine what is best for you.
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ARE YOU ABLE TO PAY FOR MEDICAL TREATMENT FOLLOWING A CAR ACCIDENT?Personal injury attorneys maintain a database of medical facilities that accept letters of protection. If you require a letter of protection in order to obtain the treatment you require, we can provide you with a list of multiple treatment facilities that accept letters of protection. This way, you can select the location of your treatment.
WHAT TYPE OF MEDICAL FACILITY CAN BE SEEN ON A LETTER OF PROTECTION FOLLOWING A CAR ACCIDENT?Numerous medical facilities accept letters of protection. They include physicians, chiropractors, therapists, osteopaths, orthopedics, radiologists, neurologists, and surgeons, among others. You should be able to receive any medical treatment that is necessary for your injury.
YOUR HEALTH INSURANCE MAY COVER YOUR VISIT TO A MEDICAL FACILITY.If you have health insurance and are most comfortable using it to treat your car accident-related injury, you can absolutely use it. On a letter of protection, there is no requirement to seek treatment. We want you to seek treatment where you will receive the best care for your injury.
Note: Some hospitals and ambulance services require you to use your automobile insurance in lieu of your health insurance following an auto accident. Automobile liability insurance will not cover those expenses until your case is resolved. If you are undergoing treatment for an injury, this could take weeks or even months, depending on the severity of the injury. Many people who have been injured in accidents prefer that their hospital and ambulance bills are paid immediately by their health insurance to avoid them being sent to collections. You can request that hospital bills be covered by your health insurance.
In Texas, you have the right to require the hospital to use your health insurance if you provide it to them. Texas Property Code Section 55.004 makes it illegal for a hospital to attach your health insurance or your injury claim to automobile liability insurance if you have provided the hospital with your health insurance. Texas Civil Practices and Remedies Code (CPRC) Section 146.002 requires health care providers to timely bill the health insurance they provide. Texas CPRC Section 146.003 prohibits healthcare providers from pursuing any compensation from you if they violate Section 146.002. When health insurance pays a claim resulting from an auto accident, they have the right to seek reimbursement from any automobile liability insurance. This means that the health insurance company will receive the money to which they are legally entitled if they make the request – meaning that nobody will be harmed in this situation.
Dealing with health and auto insurance after a car accident can be challenging. It is prudent to retain the services of an experienced car accident attorney to ensure that you adhere to all applicable requirements and are treated fairly. Our firm benefits from decades of experience resolving these issues and resolving claims in a manner that protects our clients and maximizes their recovery.
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WHAT TO DO IF AN ACCIDENT RE-INJURES A PRE-EXISTING INJURYEach case is unique due to the fact that each individual is in a unique situation. If you prefer to return to the medical facility that treated you initially, you should absolutely do so. The issue you may encounter is that many medical facilities will not see patients who have been injured in a car accident. Consult your local medical facility first. Some are hesitant to get involved out of fear of becoming embroiled in litigation. Car accident injury cases may proceed to trial.
If your primary treating facility will not see you due to a car accident, we can provide you with a list of medical facilities that accept letters of protection (see above for information on Letters of Protection). These facilities will be able to obtain your prior doctor’s records in order to become acquainted with your condition (be sure and tell them about your prior treatment so they can review the records and differentiate anything new or changed). They can determine whether your previous surgery was harmed or aggravated in the car accident and then arrange for the necessary medical care. Once your auto insurance claim is resolved and the auto accident claim is closed, your original medical facility should have no problem seeing you again, as long as your auto insurance claim is closed.
HOW MUCH IS A CAR ACCIDENT INJURY SETTLEMENT WORTH?The settlement value of a car accident injury claim is determined by three factors: the severity of the injury, the defendant’s liability, and the plaintiff’s ability to collect.
1) Injuries sustained in a car accident: The severity of an injury, the percentage of fault, and the ability to collect on an injury claim all contribute to the case’s value. The first consideration is the severity of the injury; the most severe injuries typically incur a higher treatment cost, disrupt a person’s ability to work, resulting in physical impairment and disfigurement, and frequently result in pain and suffering and mental anguish that adjusters and juries can easily recognize. Settlement values for more serious injuries are typically higher.
2) Liability in a car accident: Liability issues can enhance or detract from a case’s value. If the defendant is entirely responsible for an automobile accident, this is more valuable than if the defendant’s liability is split 70-30%. (in cases where the injured person is considered partially at fault for an auto accident). If an injured person is found to be 30% at fault, the value is reduced by 30%. In Texas, if the injured party was 51 percent or more at fault for the auto accident, they are not entitled to compensation from the other driver. We fight for our client’s rights to establish liability and gather any evidence necessary to support their claim.
3) Collectability in a car accident injury: If the person who caused the injury is impoverished, lacks insurance, and has no assets, the case is worthless regardless of the damages. Verifying collectability is critical and is performed very early in a case by our car accident injury lawyer.
Note on Average Settlement Amounts: According to a survey conducted by Nolo.com, 74% of their readers reported receiving settlements between $3000.00 and $25,000.00. Additionally, Nolo indicates that approximately 26% of their readers received settlements in excess of $25,000. This amount could range between $25,001.00 and well over $1,000,000.00. They have an average value of $52,900.00 – this means that when the extremely high-dollar cases (million-dollar cases) were averaged with the more common lower-dollar cases ($3000.00 – $25,000.00), the average value increased into the $50,000.00 range.
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OTHER FACTORS MAY CONTRIBUTE TO OR DETRACT FROM THE SETTLEMENT VALUE OF AN AUTOMOBILE ACCIDENT.Illegal Acts and Dishonesty on the Part of the Other Driver: Certain actions on the part of the other driver can occasionally add value to a car accident injury claim. Certain illegal activities, as well as dishonesty, can reduce the value of a car accident injury claim. Drunk drivers are an example of illegal acts. A car accident injury case involving a drunk driver has a higher settlement value than a case without a drunk driver.
Dishonesty has the potential to significantly reduce the value of a car accident injury claim. Another instance is when a company creates dangerous products and is caught attempting to conceal their wrongdoing or their knowledge of the product’s dangers. Jurors despise dishonesty. If a defendant is caught telling an obvious lie about what occurred, this can enrage a jury and result in an increased award – which can also result in an increased settlement value.
This is true in both directions. If an injured plaintiff fabricates information pertinent to their case, this can significantly diminish the value of the plaintiff’s case. Always be candid with your lawyer, regardless of how unfavorable the information appears. If your attorney is aware of the bad information, he or she can devise a strategy to deal with it. It’s more difficult to deal with bad information if the other side surprises you with it. Assist your lawyer by providing all requested information, good or bad.
HOW TO MAXIMIZE YOUR COMPENSATION FOR A CAR ACCIDENT INJURYRegarding Liability in a Car Accident: Provide your attorney with all requested information as soon as possible. Provide your attorney with any information you have about the auto accident, including a copy of the police report, witness names and contact information, photographs of the scene, any other reports or documents, photos, video, audio recordings, letters, emails, or texts, or anything else relevant to the case. Include any communications, such as emails, letters, and messages, that you have had with anyone regarding the car accident and injury since leaving the scene.
Seek medical treatment for your injury immediately following the car accident: In auto accident injury cases, you should seek medical treatment immediately. Auto liability insurance covers only the costs associated with the accident. If you delay seeking treatment for an extended period of time, the insurance company may believe you were injured in some other way unrelated to the auto accident.
If you are unable to pay for treatment, please contact us: Our office maintains a list of hospitals that accept “Letters of Protection.” This is a letter from your attorney’s office to a medical facility assuring them that they will be compensated when the case is resolved. While not all medical facilities accept letters of protection, a good personal injury lawyer will have a list of those that do.
Adhere to your treating physician’s advice following a car accident injury: If you miss appointments, the time between treatments may work against you, allowing an adjuster to assert the following: 1) You must have been in little pain; 2) You must have recovered from your injury and then reinjured yourself; or 3) Your non-compliance contributed to the aggravation of your injury, which is not the driver’s fault.
Communicate all injuries: Failure to notify your treating facility of all injuries may result in a delay in receiving the full value of your claim from your auto insurance. Make a note of every area of your body that is experiencing pain.
Possibility of collecting compensation for a car accident injury: Ensure that you have provided your lawyer with all insurance information pertaining to the auto accident and to you. We need to know the other driver’s liability insurance information, as well as any other information you have about the other driver and vehicle’s owner.
Additionally, we will require information about your own insurance. This includes information about your auto insurance policy (even if it is not used – the attorney needs to know what you have in order to provide you with appropriate advice on your case). We require information about any health insurance or disability coverage you have used or may use in connection with your injury (again to properly advise you of what your options are or what to be aware of that may affect your auto accident injury claim).
Engage the Law Office of Doug Goyen as your automobile accident attorney: We are well-versed in car accident injury cases. We are aware of and capable of resolving issues that can add value to your auto accident claim, as well as those that can significantly reduce the value of an auto accident claim and can assist in resolving those issues. Without training or experience, individuals will fail to recognize these issues, thereby jeopardizing the case’s value. Contact us by phone at (972) 599 4100 or via our website’s contact form.
Call For A Free Case Review (972) 599-4100
WHAT KIND OF LAWYER DEALS WITH CAR ACCIDENT INJURY CASES?Car accident injury cases are handled by personal injury lawyers. Call attorney Doug Goyen at (972) 599 4100 if you were injured in a car accident in North Texas. We will take care of your case and deal with the insurance company. We do not settle the case without first obtaining your permission. We gather the data required to maximize your recovery. Our experience ensures that your claim is handled in a manner that maximizes your compensation.
If you have been injured in a car accident, you most likely have medical bills, lost wages, property damage, and other damages that you need to recover from. Doug Goyen, a Dallas car accident attorney, can be reached at (972) 599 4100.
CASE REVIEWS ARE COMPLETELY FREECall (972) 599 4100 to schedule a free consultation and strategy session with our car accident attorney about your accident and injury case. A summary of your case, identification of the legal issues involved in your case, and identification of those legal issues that will help maximize your recovery in your case are all part of the strategy session. We will email you a copy of this strategy session for your records.
Call For A Free Case Review (972) 599-4100
HOW MUCH DO WE CHARGE?There is no fee unless and until you win. We charge a fee on a contingency basis. This is a percentage of what we may be able to recover in your case. A contingent fee aligns our interests with yours. The more money we can recover for you, the more money we get paid. A contingency fee agreement incentivizes us to obtain the highest possible recovery for you.
We represent clients who have been injured in car accidents. We represent victims of texting and driving, distracted driving, drunk driving, hit-and-run drivers, uninsured or underinsured drivers, and all other types of motor vehicle collisions that result in injuries. We recover damages on behalf of our clients, including the cost of medical care following an accident.
If you or someone you know has been injured in an automobile accident and needs a personal injury attorney in Dallas, call (972) 599 4100 to schedule a free consultation with a lawyer today.
DIRECTIONS TO OUR OFFICE
Law Office of Doug Goyen
15851 Dallas Pkwy #605
Addison, Texas 75001
(972) 599 4100 phone
(972) 398 2629 fax
Directions to our office: We are on the southbound side of the service road to the Tollway. Stay on the Dallas North Tollway until you come to the Keller Springs exit. Take the Keller Spring exit. Stay on the service road on the southbound side and go just past Keller Springs. Our office is the 2nd building south of Keller Springs, located on the service road to the North Dallas Tollway in the Madison Business Center on the 6th floor.
By Doug Goyen, douggoyen@goyenlaw.com
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