PERSONAL INJURY (continuation of the 4th issue)

By Beatrice Cazeau & Cheryl Linton Barnes

Good Medical Care is imperative!

Documentation of the bodily injuries a person sustains in an accident is critical for every personal injury case. Therefore, it is important to seek medical treatment for your injuries right away. A doctor, specializing in pain medicine – such as a chiropractor, neurologist or orthopedist, will be able to evaluate your symptoms, determine exactly what your injuries are and prescribe a course of treatment aimed at relieving your symptoms or refer you to a physician who can. Pain treatment for soft tissue injuries takes several weeks or months and regular compliance with treatment is a must. Only then will the extent of injuries suffered from the accident be accurately accessed.

The PIP (personal injury protection) portion of your insurance policy pays for up to $10,000 in medical bills connected to the accident.

Why do I need an attorney that specializes in personal injury and has trial experience?

Insurance companies are not easy to deal with and it seems since September 11th they’ve gotten even tougher. Therefore it behooves an accident victim to retain an experienced attorney who specializes in personal injury cases and has trial litigation skills.

Skillful negotiating of an experienced personal injury attorney is crucial in obtaining the optimum settlement for her client. Attorneys not skillful in lawsuit litigation may stop negotiations upon receipt of a final offer from the insurance adjuster, whereas an experienced trial litigation attorney will be able to proceed with filing a lawsuit if necessary and may ultimately obtain a satisfactory settlement.

Filing a lawsuit however, never guarantees more money and in fact actually increases the attorney’s fees. In many cases however, a lawsuit becomes necessary if the insurance adjuster refuses to settle the case in good faith. If the attorney you hired is not a trial attorney, you would then need to seek other counsel to proceed with filing lawsuit. Many attorneys decline acceptance of cases that involved a prior attorney due to outstanding liens from the former attorney. In other words, the first attorney would still have to be paid for his portion of work on the case, thus reducing the fees to the second.

Who’s insurance is going to pay to fix my car?

The answer is either/or- that is – either your insurance company or the other driver’s company. In order for your insurance company to pay to fix your car, your policy must include coverage for collision. After paying to fix your car, your company will go after the other driver’s insurance company for reimbursement. The downside to this is that you will be faced with paying a deductible if your policy has one. On the other hand, if the other driver’s policy pays to fix your car, no deductible would be attributable to you. The problem most people face is that the other guy’s insurance company oftentimes drags its feet when you need your car fixed right away.

Some insurance company’s issue a check directly to you upon receipt and approval of an estimate, an other’s will only deliver a two party check bearing your name and the name of the collision garage.

Many people don’t realize that they always have a choice of having their car fixed at the location of their choosing. An insurance company may require you to take your car to specific shop to obtain the initial estimate but after that it’s up to you where you want your car to be fixed.

For information about your personal injury case, contact:

The Law Offices of Cazeau, Linton Barnes, LLC
168 SE First Street, Suite 603
Miami, Florida 33131
(305) 381 - 6002