Frequently Asked Questions

When you are in an accident, the police file a report that lists your phone number and address. The accident report is a public record and that means anyone who bothers to look can get your name and phone number. The result is that there are now companies engaged in ambulance chasing, wanting to profit from your having been in an accident. Some of these companies are paid to recruit patients for chiropractors. The caller may claim that an appointment has been set up for you by an insurance company or that there is a free appointment to evaluate your injuries. Some will even claim that the chiropractor will get a lawyer for you.

The best advice when dealing with anyone calling you after an accident is to be very careful. There are lots of very fine chiropractors who will accept patients who were injured in car accidents who do not use companies engaged in ambulance chasing. If you are in an accident and are in pain and want to see a chiropractor, you can call your family doctor to see who they recommend or use your phone or computer to look at online reviews. If you get a call claiming that a medical or chiropractor appointment has been made for you, you may want to contact an attorney to get legal advice.

Generally, if you were injured because someone was careless, you do. This applies to injuries that are caused by a reckless driver, a dangerous product, an employer that disables a guard and a store that has a dangerous sidewalk. If someone else is at fault and injures you, then you probably have a case.

• Photograph all areas of visible injury as soon as possible and take additional photographs during the recovery process to show the stages of recovery.
• See your doctor as soon as possible after the accident and describe every area where you are experiencing pain or having other problems. This is extremely important! For example, if you fractured your leg in the accident, you may feel the most pain in your leg, but also notice your back hurts. It’s very important that you tell your doctors about your back pain as well. It’s possible that your back is injured and may continue to be a problem long after you recover from your broken leg. If you don’t have your doctor document your back pain, the insurance company will try to claim that your back injury is not a result of the accident.
• Keep receipts for all of your out-of-pocket expenses resulting from the accident. For example, gas spent traveling to and from the hospital and doctor’s office, hotel and meal expenses, any medical supplies, bandages, rental of hospital beds, etc.
• Track all the time your family or friends spent helping you, so that they can be reimbursed at the successful conclusion of your claim. For example, a family member takes time off work to drive you to the doctor, or if they help you with your household chores.

Even if you only feel shook up, you should get medical treatment at the emergency room or urgent care as soon as possible. After an accident, you are going to have a lot of adrenaline pumping, which may mask injuries. Lots of times you think you are okay, only to have serious pain later. You may have broken bones, an injury to a disc in your back or neck, a torn rotator cuff, or tear of the labrum of the hip. Many of these serious injuries start off with relatively little pain. People with serious injuries often start out thinking it’s just a bruise or a minor strain.

After the emergency room or urgent care, if your pain gets worse, you must see your family doctor or go back to the emergency room because a more serious injury may have been missed at your first visit.

Remember, the insurance company employs the claims adjusters. They are professionals. It’s the insurance adjuster’s job to pay as little as possible in order to pad the insurance company’s profits. You are not on a level playing field. You have no idea of what a fair settlement would be, giving the adjuster an unfair advantage. The insurance company will want to record your statement by coming to your house or recording your phone call. The insurance adjuster wants to record your statement not to help you but to be able to use your words against you later. We recommend that you not give any statements until you have met with an attorney who can inform you of your legal rights.

Not everyone who is in an accident needs a lawyer. If your medical bills are less than $1,000, and your injuries have completely healed within thirty days or so then you can probably handle your case on your own. If you are going to handle it on your own you should contact the insurance company for the at fault driver, get the name and phone number of the adjuster. You can then call the adjuster and discuss your claim. In your discussion of your claim with the adjuster you are entitled to have the insurance company pay you to make up for your losses, including your pain and suffering.

Get as much evidence as possible. It is very important to document the evidence as early as possible.

• Photograph the accident scene.
• Measure the length of any skid marks or gouge marks in the roadway.
• Photograph the interiors and exteriors of all vehicles involved in the accident. [Note: If you believe the injuries to you or your passengers were caused by a defect in your vehicle, such as the failure of an air bag to deploy or the collapse of your seat back, it is crucial that your vehicle not even be repaired or destroyed, until an automotive design expert has inspected it.]
• Get the name, address and phone number of anyone who witnessed the accident or who arrived at the scene shortly after.
• Check all road signs and markings at the accident scene to ensure that they meet Traffic Code Standards.

In addition to proving someone else was at fault, you need to document evidence of the injuries sustained by you and your passengers. To document damages you should:

• Photograph all areas of visible injury as soon as possible and take additional photographs during the recovery process to show the stages of recovery.
• See your doctor as soon as possible after the accident and describe every area where you are experiencing pain or having other problems.
• Keep receipts for all of your out-of-pocket expenses resulting from the accident.
• Track all the time your family or friends spent helping you, so that they can be reimbursed at the successful conclusion of your claim.

When someone is at fault for causing personal injury to you, your claims are paid under the insurance policy of the person at fault. Depending on the case, this could be the car insurance policy or the homeowner’s insurance policy. If a business caused your injury, then the business general commercial liability policy and possibly the business umbrella policy will pay your claim.

If you have an extended warranty on your vehicle, you must contact the dealership to make sure that you are refunded the unused portion of the premium you paid for it.

The majority of cases we handle are settled without having to go to court. Settlements occur when an insurance company realizes that it will lose in court and must offer a sum large enough to provide a fair recovery to the victim. Sometimes the insurance company refuses to make any offer or refuses to make a fair offer. When this happens, we are lucky to have access to the courts. Having to face a jury is what keeps the insurance companies in line.

Who you choose to be your lawyer for your accident case is very important because it will impact how big or small your settlement is. You want to consider where the lawyer is located. If the lawyer is in a city that is far from you, it may be hard for you to sit down with them as your case goes along. How much trouble will it be for you to sign documents and drop off paper work? You may want to consider whether having a lawyer that is local makes the most sense for you rather than out of town attorneys who try to get your case by mailing you advertisements. Whether you are going local or out of town, the best approach to finding the right lawyer is to check out on your phone or computer what other people say about the lawyer. Google reviews can tell you how other people who have used the lawyer feel about how their case was handled. When looking at reviews, it is helpful to look at the ratings but also consider the number of reviews and how old the reviews are. For negative reviews look to see how the lawyer responded to the bad review.

Once you have narrowed your choice, call the lawyer and make sure you talk to the attorney, not just a paralegal or assistant. When you talk to the lawyer, consider how well he or she listens to what your concerns are and what plan he or she has for your case. It is an important decision and doing a little legwork at the start will serve you well in the long run.

In the majority of the cases that we handle, the insurance companies pay before we take them to court. Settlements occur when the insurance company offers a large enough sum of money to provide you with fair recovery. Sometimes the insurance companies refuse to make a fair offer. When the insurance company won’t pay, we take the case to court.

Not everyone who is in an accident needs a lawyer. If your medical bills are less than $1,000, and your injuries have completely healed within thirty days or so then you can probably handle your case on your own. If you are going to handle it on your own you should contact the insurance company for the at fault driver, get the name and phone number of the adjuster. You can then call the adjuster and discuss your claim. In your discussion of your claim with the adjuster you are entitled to have the insurance company pay you to make up for your losses, including your pain and suffering.

The Rinehardt Injury Attorneys of Mansfield-Columbus, OH knows the pros and cons of hiring an attorney.

Pros:

• I will have someone on my side fighting for me and looking out for my best interest. I will not have to worry about the insurance adjuster pulling the wool over my eyes.
• My lawyer will stop the insurance adjuster from bothering me with phone calls and letters. With my attorney taking care of the paperwork nightmare, I will be able to concentrate on putting my life back together and recovering from my injuries.
• I can get rid of my stress because I will have someone to look out for my best interests and stand up to the insurance company with its high priced lawyers.
• When it comes time to settle my case, I will have someone who will know what a fair settlement of my case should be.
• If the insurance company won’t be reasonable, I will have someone who will go to court to make the insurance company do what is right.

Cons:

• As with any professional, my doctor, my dentist, and even my mechanic, my attorney will have to be paid. But, with the contingent fee contract, I only pay when I win my case by paying a percentage of the award.

A large study and another separate report done by the Insurance Research Council (IRC) points to payouts that were much higher when the injured party was represented by an attorney. Another study presented by the All-Industry Research Advisory Council (ARAC) reached the same conclusion, proving that when it comes to personal injury claims, having an attorney on your side can make a large monetary difference when it comes to the value of your case.

Study: Paying For Auto Injuries: Consumer Panel Survey of Auto Accident Victims

The IRC study surveyed 6,000 people who had been injured in auto accidents to determine the types of injuries, treatment, economic losses and reimbursement they experienced. Questions were asked regarding the settlement amount that victims received from insurance companies. The results were surprising to some, but not to most personal injury lawyers or insurance companies. Victims who had an attorney on their side received settlements of an average of 40% higher than those who went it alone.

Report: Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs
In a separate report issued by the IRC, the agency again looked at insurance payouts for auto accident injuries and how it was tied to attorney representation. This report contained even more astounding numbers than the study.

The IRC estimated that 85% of all money paid out for bodily injury claims by insurance companies are paid to victims with an attorney representing them. In addition, when they looked at the total amount paid out on all auto injuries claims, those with attorneys were paid 3 ½ times more than those who did not hire an attorney. For example, that’s the difference of $10,000 versus $35,000!

The IRC study shows that insurance companies will take advantage of victims who do not have anyone looking out for their best interests.

Study: Attorney Involvement in Auto Injury Claims

Another study done by the All-Industry Research Advisory Council (ARAC) also revealed the difference in payouts with a lawyer versus without. First, the study showed those with larger losses were more likely to hire an attorney. Second, like the IRC study, the ARAC study found that when an attorney was hired by the victim, they received a significantly larger settlement.

For example, victims with attorneys received $1.59 per dollar that was lost due to the accident, where those without a lawyer only received $1.26. In a $20,000 claim, the difference would be about $6,600 and in a larger claim of $100,000, the difference would be $33,000, and so on. The bottom line is that it is wise to hire an experienced personal injury attorney to fight for you.

It is not too late to hire a lawyer. The sooner you hire a lawyer, the faster your attorney can start protecting you and putting together the evidence needed to win your case. Better late than never.

• Does the lawyer work in personal injury law exclusively?
• What type of experience does the law firm have your particular type of accident?
• What is the law firm’s success rate with your type of case.
• Is the law firm familiar with your injury?
• Does the law firm seem attentive to your needs?
• Has the law firm earned the respect of their peers in the legal community?

The majority of cases we handle are settled without having to go to court. Settlements occur when an insurance company realizes that it will lose in court and must offer a sum large enough to provide a fair recovery to the victim. Sometimes the insurance company refuses to make any offer or refuses to make a fair offer. When this happens, we are lucky to have access to the courts. Having to face a jury is what keeps the insurance companies in line.

Because you are here looking for more information, you already suspect the answer to this question.

The insurance adjuster is probably being rude, abusive or may be ignoring your phone calls. That tells you something about his priorities. Consider who makes money if the insurance company gets away with paying you less than your car accident case is worth. Why would the insurance company offer you anything even close to a fair amount if it can get away with paying you less? How will you know if the amount the insurance company offers is fair?

Generally, if you were injured because someone was careless, you do. This applies to injuries that are caused by a reckless driver, a dangerous product, an employer that disables a guard and a store that has a dangerous sidewalk. If someone else is at fault and injures you, then you probably have a case.

• Photograph all areas of visible injury as soon as possible and take additional photographs during the recovery process to show the stages of recovery.
• See your doctor as soon as possible after the accident and describe every area where you are experiencing pain or having other problems. This is extremely important! For example, if you fractured your leg in the accident, you may feel the most pain in your leg, but also notice your back hurts. It’s very important that you tell your doctors about your back pain as well. It’s possible that your back is injured and may continue to be a problem long after you recover from your broken leg. If you don’t have your doctor document your back pain, the insurance company will try to claim that your back injury is not a result of the accident.
• Keep receipts for all of your out-of-pocket expenses resulting from the accident. For example, gas spent traveling to and from the hospital and doctor’s office, hotel and meal expenses, any medical supplies, bandages, rental of hospital beds, etc.
• Track all the time your family or friends spent helping you, so that they can be reimbursed at the successful conclusion of your claim. For example, a family member takes time off work to drive you to the doctor, or if they help you with your household chores.

• Photograph the accident scene.
• Measure the length of any skid marks or gouge marks in the roadway.
• Photograph the interiors and exteriors of all vehicles involved in the accident. (If you believe the injuries to you or your passengers were caused by a defect in your vehicle, such as the failure of an air bag to deploy or the collapse of your seat back, it is crucial that your vehicle not be repaired or destroyed until an automotive design expert has inspected it.)
• Get the name, address and phone number of anyone who witnessed the accident or who arrived at the scene shortly after.

Even if you only feel shook up, you should get medical treatment at the emergency room or urgent care as soon as possible. After an accident, you are going to have a lot of adrenaline pumping, which may mask injuries. Lots of times you think you are okay, only to have serious pain later. You may have broken bones, an injury to a disc in your back or neck, a torn rotator cuff, or tear of the labrum of the hip. Many of these serious injuries start off with relatively little pain. People with serious injuries often start out thinking it’s just a bruise or a minor strain.

After the emergency room or urgent care, if your pain gets worse, you must see your family doctor or go back to the emergency room because a more serious injury may have been missed at your first visit.

My lawyer won’t return my calls; my lawyer won’t tell me why my case is taking so long; my lawyer wants me to take a settlement that I don’t think is fair; my lawyer is rude to me; I never get to talk to my lawyer only his secretary. The bottom line is your lawyer works for you and that should mean that he or she is doing everything possible to look out for your interests and get you the best settlement. Your lawyer should answer your questions and should return your phone calls. Every case is unique, so there is no set timeline, but you have a right to know what is being done.

When a lawyer fails to handle your case the way you expect, you have a right to end the representation and get a new lawyer. You will have to put it in writing that you are ending the representation and the lawyer must give your file to you or your new lawyer. Generally, when your new lawyer settles your case, the old lawyer will be paid for the reasonable value of his/her services up to the time the old lawyer was terminated. In most accident cases, your new lawyer will pay the old lawyer out of the percentage attorney fee. In most cases, when you hire a new lawyer, you won’t have to pay anymore in attorney fees than if you kept the old lawyer. For example, if you were to pay the old lawyer 1/3, and the new lawyer takes your case for 1/3, then when your case settles, you pay the new lawyer 1/3 and out of the 1/3 the new lawyer pays the old lawyer.

You know better than anyone that the worst part of having been hurt is that the pain keeps you from doing the things you like to do. The amount of money you should get depends on how badly you are hurt. If any of your injuries are permanent or long lasting, your award must be even higher.

• You have a right to receive money damages from the at-fault person’s insurance company. The harms that you have suffered must be made up for by money damages.
• Money damages pay for your medical bills and medical supplies.
• Money damages pay you for the paychecks you lose while you are off work.
• Money damages pay you to replace your loss of enjoyment of your life.

Get as much evidence as possible. It is very important to document the evidence as early as possible.

• Photograph the accident scene.
• Measure the length of any skid marks or gouge marks in the roadway.
• Photograph the interiors and exteriors of all vehicles involved in the accident. [Note: If you believe the injuries to you or your passengers were caused by a defect in your vehicle, such as the failure of an air bag to deploy or the collapse of your seat back, it is crucial that your vehicle not even be repaired or destroyed, until an automotive design expert has inspected it.]
• Get the name, address and phone number of anyone who witnessed the accident or who arrived at the scene shortly after.
• Check all road signs and markings at the accident scene to ensure that they meet Traffic Code Standards.

In addition to proving someone else was at fault, you need to document evidence of the injuries sustained by you and your passengers. To document damages you should:

• Photograph all areas of visible injury as soon as possible and take additional photographs during the recovery process to show the stages of recovery.
• See your doctor as soon as possible after the accident and describe every area where you are experiencing pain or having other problems.
• Keep receipts for all of your out-of-pocket expenses resulting from the accident.
• Track all the time your family or friends spent helping you, so that they can be reimbursed at the successful conclusion of your claim.