Selecting a Personal Injury or Medical Malpractice Attorney

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Why is it important to know how well an attorney performs in trial?
Because the insurance companies certainly do. The reality is that the only personal injury and medical malpractice cases pursued are those where there is insurance coverage, absent an individual having substantial personal assets.

Insurance companies are aware of the fact that of the over 2,000 attorneys in a community like Tucson, less than five percent have actual, significant courtroom experience. And of that five percent, even less have consistent, successful jury trial outcomes. When a lawyer doesn’t have a proven track record, insurance companies know they can get away with undervaluing an injured person’s claim.

When insurance companies know that a personal injury lawyer or a medical malpractice attorney is willing to take a case to trial, and has proven time and time again that he or she can obtain excellent results, they are far more likely to pay full value for injuries. This is a basic economic principal involving a risk/exposure analysis.

How do you find out about a lawyer’s track record?
It’s simple. Ask the attorney to show you. There are two ways jury trial results are recorded. The first is a Minute Entry, a document generated by a judge at the conclusion of a trial. A lawyer should have a compilation of minute entries to prove his or her record.

Perhaps a more valuable method of documenting trial results is through the Trial Reporter, a publication that summarizes the history of each trial, along with strategies employed, witness testimony, closing arguments and trial results. Pre-trial negotiations are also included.

By requesting and reviewing these historical accounts, you should easily be able to form an opinion about the skill level of an attorney, which will assist you in making a wise choice when hiring an attorney to represent you in a serious personal injury case due to an auto accident or medical malpractice in the Tucson area.

Why You Need Uninsured and Underinsured Motorist Coverage

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Purchasing auto insurance is one of those activities that most consumers don’t put much thought into. They know they have buy auto insurance because the law requires it.

Most consumers either call their family insurance agent, or the insurance company with the most clever TV commercial. But not putting much thought into your car insurance purchase could have dire consequences if you are injured in an auto accident. Uninsured auto insurance coverage is something people often overlook.

Typically, consumers buying car insurance tell their insurance agent they want “full coverage.” Their policies will be written so that they are protected should they be at fault for an accident.

However, we frequently see problems when consumers do not request additional coverage in case they are injured in an auto accident by a person who is not insured (uninsured) or does not have adequate insurance (underinsured). Unfortunately, during an economic downturn, this problem is even more pronounced, with more people driving around with little or no insurance coverage.

Uninsured (UM) coverage will protect you if you are injured by someone who does not have insurance; Underinsured (UIM) coverage will protect you if you are injured by someone who does not have enough liability insurance to adequately compensate you for the injuries they caused you in an auto accident.

Your policy should include coverage for UM, UIM, and Medical Payments (Med Pay). The policy limits for UM/UIM will depend on the coverage you selected on your policy. We recommend that you carry as much coverage as you can reasonably afford, but if at all possible, you should request policy limits of no less than $100,000/$300,000. If you can afford higher limits, by all means you should increase these limits. Med Pay should be at minimum $5,000.

Declarations Page

We urge you to review the Declarations Page of your auto insurance policy for UM, UIM and Med Pay coverage. Make an appointment with your insurance agent to add coverage in these three areas if they are not included in your policy.

This information is provided by the Hollingsworth Kelly law firm to help you select the right coverage for your auto insurance needs. All too often, we see people who are injured by someone who does not have adequate insurance coverage. All insurance decisions should be discussed with your auto insurance agent so that you can make an informed decision to best suit your needs. This information is not intended to serve as legal advice.

Who Pays for Medical Treatment After A Car Accident?

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Most people who are injured in motor vehicle accidents do not realize they are responsible for paying for their accident-related medical expenses until their case is settled. Medical treatment for traffic accidents are often necessary and cannot be avoided in many cases.

If you have health insurance coverage and you are injured in an accident, it’s a good idea to use your health insurance to pay for your medical treatment. Any reimbursement requirements related to your health plan can be taken care of at the time your case is settled.

For more information about how your personal auto insurance policy can help protect you if you happen to be involved in a car accident, please see our posts on the following topics:

  • Medical Payments
  • Uninsured Motorists Coverage
  • Underinsured Motorists Coverage

Declarations Page

We urge you to carefully review the Declarations Page of your auto insurance policy for UM, UIM and Medical Payments coverage. Make an appointment with your insurance agent to add coverage in these three areas if they are not presently included in your auto policy.

 

This information is provided Hollingsworth Kelly to help you select the right coverage for your auto insurance needs. All too often, we see people who are injured by someone who does not have adequate insurance coverage. All insurance decisions should be discussed with your auto insurance agent so that you can make an informed decision to best suit your needs. This information is not intended to serve as legal advice.

Why Hire a Personal Injury Attorney

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You’ve been injured in a car accident and it wasn’t your fault. You’re frustrated because you don’t have a working vehicle, you need medical care, and you’re not sure who is going to pay your medical bills. The insurance company representing the person who caused the accident wants your recorded statement. You just received a letter from the hospital saying they’ve filed a “lien” against you for a bill you thought was already paid by your medical insurance provider.

The problems car accident victims face after they’ve been injured in a motor vehicle collision can be overwhelming. In addition to seeking medical treatment for their injuries, they must make numerous decisions associated with their accident claim, mostly in areas that are unfamiliar to them.

Trying to negotiate your own claim with insurance companies may result in frustration and little success. If you begin communication with the third-party insurance company and before you hire an attorney to represent you, those prior statements may become an impediment to the successful resolution of your case.

A personal injury law firm such as Hollingsworth Kelly Law Firm is comprised of experienced attorneys and staff who can help you if you’ve been injured in an auto accident. They are ready to answer your accident-related questions, and will work closely with you until your case is settled. Firms like Hollingsworth Kelly are also experienced in working on medical liens, and will make sure any liens filed against you are valid, and when possible, they will negotiate reductions of those liens.

The injury lawyers at Hollingsworth Kelly have the experience to recover a fair and just settlement for your injuries. No fee is due until your case is resolved. Please contact us today for a free consultation with a Tucson accident attorney.

Will Medical Payments Help After My Car Accident?

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Medical Payments (Med Pay) coverage on your auto policy will help you pay for medical expenses related to treatment you receive as a result of a motor vehicle accident regardless of fault.

When you are injured in an accident, keep in mind that you will not receive compensation from the insurance company that represents the person who injured you until your case is settled. Therefore, you or your health insurance will have to pay for any medical treatment you receive as a result of your injuries until your injury claim is settled.

We recommend purchasing at least $5,000 in Med Pay coverage for various reasons, even if you are covered by health insurance. For example, many health insurance plans require reimbursement for medical expenses they pay related to auto accidents; sometimes patients injured in auto accidents may require procedures that are not covered by their health plans; and most insurance plans limit the number of visits to providers such as physical therapists. In addition, some plans have deductibles, and co-pays may be high and tend to add up, especially if there are frequent medical visits as a result of serious injuries.

If you do not have medical insurance, you may want to consider $10,000 to $25,000 in Med Pay coverage.

Even if you have reimbursement requirements to your health plan or to your auto insurance company when your case is settled, having Med Pay coverage will help you receive timely medical treatment for your injuries.

Paying for Medical Treatment After an Accident

Most people who are injured in traffic accidents do not realize they will not receive any form of compensation for their bodily injuries from the at-fault driver until their case is settled. If you have health insurance coverage and you are injured in a car accident, use your health plan to pay for your medical treatment. Any reimbursement requirements related to your health plan can be taken care of when your case is settled.

Declarations Page

We urge you to review the Declarations Page of your auto insurance policy for UM, UIM and Medical Payments coverage. Make an appointment with your insurance agent to add coverage in these three areas if they are not included in your auto policy.

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This information is provided by the Hollingsworth Kelly to help you select the right coverage for your auto insurance needs. All too often, we see people who are injured by someone who does not have adequate insurance coverage. All insurance decisions should be discussed with your auto insurance agent so that you can make an informed decision to best suit your needs. This information is not intended to serve as legal advice.

Liens on Injury Settlements

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Is This Lien Valid?

Over the past few years, personal injury attorneys around the country have witnessed an alarming trend–various liens being recorded against their clients’ personal injury settlements.

A person who has been injured in an auto accident or other negligence will have a claim against the person who caused his or her injury. That is called a third-party claim. Increasingly, medical-related liens are being filed against third-party settlements.

The following are examples of potential liens on injury settlements:

Balance Billing. These are liens filed by a hospital for the difference between the discounted amount paid by the patient’s medical insurance plan and the total amount of the bill. Traditionally, hospitals would write off the balance after the patient’s medical insurance paid the hospital bill. Arizona state law now allows hospitals to assert a lien against an injured person’s third-party settlement for the balance of his/her hospital bill.

Health Insurance Subrogation. This type of lien comes in many forms. Depending on the employer from which the medical insurance plan is provided, the plan might have rights to assert a lien against an injured person’s third-party settlement or even against their uninsured, underinsured or medical payments coverage for the medical expenses paid on his/her behalf. Examples of valid liens are ERISA plans, which are “employer-funded” or “self-funded” health insurance plans; government employees’ medical insurance plans; Worker’s Comp; and other health insurance plans.

Entitlement Health Plans. Medical insurance plans provided under AHCCCS, Medicare, Medicaid, etc., have a statutory lien against third-party claims. However, Medicare is now enacting changes that will allow them, under certain conditions, to attach to settlement monies permanently.

Client’s Auto Insurance. Auto insurance plans that provide Medical Payments coverage on a personal injury claim may be entitled to reimbursement from a third-party settlement for any amount paid over $5,000.

Consensual. If the injured person does not have health insurance a medical provider may accept a lien for services provided. This is known as a consensual lien. This lien will be satisfied when the third-party claim is settled.

This information is provided by Hollingsworth Kelly to help you select the right coverage for your auto insurance needs. All too often, we see people who are injured by someone who does not have adequate insurance coverage. All insurance decisions should be discussed with your auto insurance agent so that you can make an informed decision to best suit your needs. This information is not intended to serve as legal advice.