As drafted, texting while driving would be a primary offense — meaning that police officers could pull over drivers for texting, without observing any other traffic violations. However, there would be no court costs or driver’s license points assessed for a conviction.

Under the bill, drivers who pull over to the side of the road to read or send text messages would not be in violation of the law.

However, as currently drafted, drivers could be cited for texting while on a roadway, even if they were stuck in a traffic backup, and their vehicles were not moving.

Both nationally and in West Virginia, texting and driving is a substantial cause of serious injury and death in car wrecks.  Essentially, texting and driving is driving while distracted.  The federal government actually has a website which informs people about the dangers of distracted driving.  It contains some of the following information:

Research on distracted driving reveals some surprising facts:

• 20 percent of injury crashes in 2009 involved reports of distracted driving. (NHTSA).
• Of those killed in distracted-driving-related crashed, 995 involved reports of a cell phone as a distraction (18% of fatalities in distraction-related crashes). (NHTSA)
• In 2009, 5,474 people were killed in U.S. roadways and an estimated additional 448,000 were injured in motor vehicle crashes that were reported to have involved distracted driving. (FARS and GES)
• The age group with the greatest proportion of distracted drivers was the under-20 age group – 16 percent of all drivers younger than 20 involved in fatal crashes were reported to have been distracted while driving. (NHTSA)
• Drivers who use hand-held devices are four times as likely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety)
• Using a cell phone use while driving, whether it’s hand-held or hands-free, delays a driver’s reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah)

Police-reported data from the Fatality Analysis Reporting System (FARS) and the National Automotive Sampling show that:

• In 2009, there were 30,797 fatal crashes in the United States, which involved 45,230 drivers. In those crashes 33,808 people died.
• In 2009, 5,474 people were killed in crashes involving driver distraction (16% of total fatalities).
• The proportion of fatalities reportedly associated with driver distraction increased from 10 percent in 2005 to 16 percent in 2009. During that time, fatal crashes with reported driver distraction also increased from 10 percent to 16 percent.
• The portion of drivers reportedly distracted at the time of the fatal crashes increased from 7 percent in 2005 to 11 percent in 2009.
• The under-20 age group had the highest proportion of distracted drivers involved in fatal crashes (16%). The age group with the next greatest proportion of distracted drivers was the 20- to-29-year-old age group – 13 percent of all 20-to-29-year-old drivers in fatal crashes were reported to have been distracted.
• Of those drivers reportedly distracted during a fatal crash, the 30-to-39-year-old drivers were the group with the greatest proportion distracted by cell phones. Cell phone distraction was reported for 24 percent of the 30-to-39-year-old distracted drivers in fatal crashes.
• Light-truck drivers and motorcyclists had the greatest percentage of total drivers reported as distracted at the time of the fatal crash (12% each). Bus drivers had the lowest percentage (6%) of total drivers involved in fatal crashes that were reported as distraction-related.
• An estimated 20 percent of 1,517,000 injury crashes were reported to have involved distracted driving in 2009.

The National Motor Vehicle Crash Causation Survey (NMVCCS) is a nationally representative survey specifically focused toward documenting events and conditions leading up to crashes.

• NMVCCS captures distraction as an associated factor to the crash and/or as the critical reason that made the crash imminent. Driver distraction was coded as the critical reason in 18 percent of the crashes. Data describing the specifics of the distraction — for example adjusting the radio or eating — are included in this data set.

Another method for collecting pre-crash data is through naturalistic driving studies, in which vehicles are equipped with cameras and data recording equipment.

• During NHTSA’s 100-Car Naturalistic Driving Study, driver involvement in secondary tasks contributed to more than 22 percent of all crashes and near-crashes recorded during the study period.

Data Sources

The following NHTSA data sources were used in the research:

• Fatality Analysis Reporting System (FARS)
• National Automotive Sampling System (NASS) General Estimates System (GES)
• National Motor Vehicle Crash Causation Survey (NMVCCS)
• The 100-Car Naturalistic Driving Study
• National Occupant Protection Use Survey (NOPUS) of Driver Electronic Use
• Motor Vehicle Occupant Safety Survey (MVOSS)

Please understand that although texting and driving is not yet a traffic infraction in West Virginia, it is punishable through civil liability in a personal injury lawsuit.  One of the first things we do as WV car wreck attorneys is to subpoena cell phone information for drivers who may have been using cell phones at the time of the car accident.  In close liability situations this can seal the deal.  In other situations, it helps ensure that our clients cannot be threatened with potential liability issues at trial.

So what can be done?  Cases need to be tried.  They need to be litigated.  That’s what they build courthouses for.  If the insurance company won’t pay up, take it to the jury.  That is the only way you can get what you deserve.  In my experience, the smaller firms rely less on having a large caseload of cases constantly settling, and concentrate on doing well on a smaller number of cases.

At my law firm, we will always meet with car wreck injury victims for free, and will offer our opinions and insight with no obligation to retain us or even pay a dime.  And generally, our offices are much closer to our clients.  It is always frustrating when a car accident injury victim, or their family, bypasses our office to go to a big law firm in Charleston.  I urge you to talk with a small law firm first in your general area.  You may be impressed.

I cannot remember how many times I have had people call me who are unhappy with their choice of personal injury lawyer.  They hired them, signed an agreement, and never heard another word from them.  The reason probably being that they are one in a hundred of clients in a personal injury mill.  In one of those law firms there is little one-on-one attention to the client.  Instead there is a lot of procrastination and mass churning of cases, heavily reliant on forms and always dependent on the early settlement of cases for less than the client fairly deserves.  This is the wrong way to do it.

There is a right way to handle a personal injury case.  From day one, the law firm must undertake their own investigation of the cause of the injuries.  Evidence must be preserved.  I would bet that in probably 75% of personal injury cases, the lawyers do not adequately perform an investigation and do not adequately preserve evidence.  The result is that the client will not be adequately able, or prepared, to go to trial and win.  This usually means that the client must settle – and must settle for less than he or she deserves.

Thirdly, a personal injury case must be actively prosecuted.  This means that the law firm must work on it no less than once per week.  Things must get done.  The case must be kept moving – toward trial.  I would venture to say that 70% of personal injury cases are chronically delayed to due to no reason other than the law firm’s caseload or laziness.  Generally, the closer and more quickly you move towards trial, the better the settlement will end up being (assuming it is not done recklessly or without diligence).

Fourthly, the client must be kept involved and informed in what is going on.  The client must have constant access to the law firm.  There should be many questions answered.  The client should not feel left out of the process.  Likewise, a good personal injury case also requires a reasonable client.  If a client has unreasonable expectations (sometimes that is the fault of the attorney who has misled them in order to get the case) proper handling of the case can be impossible.  Where clients are reasonable and informed, cases get much better settlements.

So don’t just open the phone book and call whomever has the largest ad.  And don’t just call the attorney who handled your divorce.  This is a complex area of the law that requires specific talent and experience.  Utilize the free consultation process to find the right person for your case.

Each claim is separate, but they share the common set of facts when it comes to who was at fault in the accident.  Of course, each claim is different when it comes to damages: how much each individual is entitled to be compensated from that insurance policy.  This depends on a number of factors which is best determined when working with an experienced and successful West Virginia Auto Accident Attorney.  We always meet with people for free, whether or not they end up hiring us, and frequently assist people in coming up with a fair amount of compensation deserved.

The insurance adjustors are trained to take actions which will directly result in the injury victim getting less from the insurance policy.  They will ask misleading questions which will be recorded and documented.  The result will be an answer or statement which was misunderstood and which severely limits the injured person’s ability to collect a fair settlement.  They may ask, “looking back, is there anything you could have done differently to avoid the accident”.  They will ask about injuries, and try to place limitations on the claim before the treating doctor has even made a diagnosis.  This is a practice which thrives on ignorance.  The best way to avoid it is through legal representation.

However, this brings up something else that the insurance adjustors do.  They manipulate the injury victims.  From day one, they make a point of telling the injury victims that they should not call a lawyer.  That all they will be doing is giving up a percentage of their settlement.  That their settlement will end up getting delayed.

This is pure manipulation and deceit.  Lawyers have to abide by a code of strict ethical regulations.  They cannot lie to you.  They have to  look out for your best interests.  Insurance adjustors are quite the opposite.  You have no ability to get their licenses revoked or suspended.  You are not even allowed to sue them for lying to you and misleading you.  They have an incentive to cause you to settle for less.  They have an incentive to keep you away from a personal injury lawyer.  Almost all West Virginia personal injury lawyers will meet with you for a free consultation about your circumstances.  If the one you called does not, then call someone else.  Personal injury lawyers are not the bad guys.  They help people, and at no up-front cost to the client.  Only if you agree to hire a lawyer, and sign an attorney client agreement to that effect, does a percentage get taken from your settlement.  And in that case, the lawyer has almost always provided or enabled a larger settlement than the insurance company was ever going to offer you before you had the ability to file a lawsuit.   Lawyers are also familiar with what the fair value of one’s case is.  They are trained in providing supporting documentation and proof, as well as in professionally presenting that information to the insurance company, and ultimately to a judge or jury.

In the end, in most cases, even though your legal fee is paid by a standard percentage of your settlement, you have taken that into consideration before accepting the settlement.  An ethical personal injury lawyer will never force a client into accepting a settlement.  If the client is not happy with his or her portion of the ultimate settlement proceeds, they always have the choice to proceed with the case towards jury trial.

So when the insurance company tries to manipulate you or someone you know over a personal injury claim, you need only take one step: call a West Virginia personal injury attorney (obviously it should be a personal injury attorney with a good reputation and a good track record).  We will meet with you for free.  There will only be a cost if you decide that you want us to take over your case.  Regardless of what the adjustor said, there’s no obligation, fee, or trick when you call a personal injury attorney because you have questions or need help.  A case is only “small” when the insurance company tricks you into believing that your injury is not worth a fair value.  Get a second opinion.

- John H. Bryan, a West Virginia personal injury attorney who helps people in “small” personal injury cases everyday.

They have changed their behavior.  For small injury/damage cases, a few years ago, they were willing to offer a fair settlement up front without much trouble, in almost every case.  Now things have changed.  They are denying a much larger percentage of claims.  The ones that they do make pre-lawsuit offers of settlement on are laughable.  They barely offer enough to pay the outstanding medical bills.

The result is this: we are forced to file lawsuits in almost every case.  This also means that without a personal injury attorney, your chances of recovering a fair settlement are slim, because you do not have the ability to litigate the claim.  It is generally much easier to deal with the attorneys defending the lawsuit than it is to deal with the adjustors.  I have found that, especially lately, the adjustors have become arrogant jerks, who relish in denying and undervaluing claims.  Real scumbags.

Only if we, as personal injury attorneys and injury victims, start filing suit on every claim, which forces the insurance company to incur defense litigation costs, can we help bring the pre-suit settlement values back to their proper level.  For those of you speaking with the adjustors without an attorney representing you, beware of their tactics.  They will lie to you, they will try and trick you.  Their biggest lie is to dissuade you from contacting a personal injury attorney.  They will tell you that you will be paying a share of your settlement to the attorney, and that you will not get any more than what they are currently offering you.  This is a lie.  Almost all personal injury attorneys will speak with you about your situation at no cost.  If the particular attorney you have contacted will not, then call someone else.  In some cases it may not be best to hire an attorney to prosecute the claim, but you certainly should at least talk to one before settling.  Nationwide is not on your side.  State Farm is not a good neighbor (just ask Floridians), and the rest of them are scoundrels too.  Be informed, or represented, before talking with them.

- John H. Bryan, West Virginia Attorney.

The other challenge with whiplash is that the medical community knows very little about this type of injury. Although it is a very type of injury, research has yielded few clues about it. Since research about the injury is scanty, some doctors have a hard time diagnosing the injury and treating it. Whiplash causes a wide range of symptoms and usually does not appear visibly on x-rays, making it hard to quantify and diagnose.

What is known about whiplash is that it affects the neck area and seems to be caused by a sudden trauma to that area. Slip and fall accidents, car accidents, sport injuries, and assault are the most common causes of whiplash, although this injury can occur from a long list of causes. Each person seems to react to whiplash differently and it is even difficult to provide a recovery timetable. Some patients recover quickly while others remain afflicted for an extended period of time. Some patients experience symptoms at once while others develop symptoms gradually. Symptoms can include:

* Neck pain or swelling (can extend to the jaw area)
* Spasms of the neck, back, or other muscles of the body
* Dizziness and nausea
* Stiffness in the neck or difficult moving the neck
* Headaches
* Shooting pain in the neck, head, arm, or shoulder areas
* Tingling or sensations of numbness in the extremities or limbs
* Irritability and Unsteadiness
* Fatigue
* Ringing sensation in the ears
* Pain in the general facial area

Whiplash is hard to quantify and hard to predict. Some patients respond well to pain treatment and a brace for the neck (to prevent further neck trauma). Others require long-term treatment or must turn to alternative treatments – which are not covered by medical insurance – for relief. Most patients must miss at least some work and therefore lose some income.

The sad truth is many doctors refuse to see car accident victims, especially those without insurance. Many doctors also work for auto insurance companies, making thousands of dollars examining car accident victims and “discounting” the injuries suffered. If you innocently choose one of these “insurance or defense” doctors, you will have little opportunity to receive full and fair compensation for your injury.  Do not run the risk of going to the wrong place for your medical care.

You should also know that those “car accident & injury clinics” like the TV lawyer advertisers need lots of “clients” to pay for all that advertising. Do you want to go where the focus is on profit or patient care? You should NOT be treated like a number by your doctor or your lawyer. You deserve the best medical care and the best legal representation. While we can not represent everyone that asks us, our goal is to make a huge difference for those who we do represent. Our results, including numerous car accident and personal injury settlements, right here in southern West Virginia, demonstrate that hiring the right lawyer, right from the start, may help you reach your goal to win the highest award you deserve.

- John H. Bryan, West Virginia Car Accident Attorney

Why do I need a lawyer?

When you or your loved one suffer an injury as the result of somebody else’s action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens. Many people will not take responsibility for their actions, and insurance companies profit from undercompensating injury victims. Insurance companies and their lawyers also know the governing law backwards and forwards, and they know that most non-lawyers have no idea what legal rights and remedies they possess.

An experienced personal injury lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.

A lawyer is in a good position to help you obtain a favorable settlement that, even with the attorney fee deducted, significantly exceeds what you can obtain on your own.

How much does a personal injury attorney cost?

Personal injury lawyers almost always accept cases on a contingent fee (or “contingency fee”) basis, meaning that they if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee. (Please note that attorney fees are different from costs, and you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit, even if you lose. While this is rarely an issue, as most civil litigation settles short of trial, you may wish to clarify the issue of costs with your lawyer.)

The amount of the contingent fee your lawyer will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award. Attorney fees for workers’ compensation cases are more tightly regulated, and are typically lower than for regular personal injury matters. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney’s contingent fee – however, the best personal injury lawyers are usually not willing to negotiate their fees. They know that they are often able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney.

Where Can I Find An Attorney?

You can find the names of attorneys from a variety of sources. You may seek advice from friends, or from your doctor or another health care professional. You may look in the Yellow Pages or an online lawyer directory. You may contact a State Bar lawyer referral service. There are many ways to seek a personal injury lawyer, but there are no magic answers to finding a good lawyer.

Go To An Attorney You Trust, And Seek A Referral

One of the best ways to find personal injury lawyer is to consult an attorney you trust. If you do not know any attorneys, ask your friends for names of attorneys they trust. It is not important that they give you the name of a lawyer who can handle your case – what is important is that the attorney is likely to comprehend the issues of your case, and is well-positioned to know which attorneys in your community have the skills to handle your case. Even if the attorney cannot personally take your case, he will often be able to refer you to a lawyer who can.

You should note within this context that attorneys frequently receive “referral fees” when they send personal injury cases to other lawyers or law firms. The amount of this fee can be significant – it is usually about a quarter to a third of the fee received by the personal injury lawyer who handles your case. This gives the attorney an incentive to refer you to a good personal injury lawyer – but if this possibility makes you at all uncomfortable you shouldn’t hesitate to ask if the attorney referring your case expects a referral fee.

Referral Services & Membership Organizations

Many state bar organizations offer referral services to help people find attorneys. Usually, any member of the organization can list with its referral service, and you can’t know just from the referral that the lawyer is truly qualified to handle your case.

There are also a number of specialty organizations, such as the American Association For Justice , which offer online directories of their membership. Most lawyers with significant personal injury practices are members of the AAJ. However, most legal organizations are open to all attorneys, and membership means only that the attorney has paid the membership fee.

Internet Lawyer Directories

A number of commercial on-line directories claim to screen their attorneys, or claim to list only highly qualified attorneys. Most are not being completely honest. Regardless of their promises, most on-line directories will list any personal injury lawyer who pays the required fee, and there is absolutely no guarantee that the listed attorneys are qualified to handle your case.

There are also a large number of websites on the Internet which look informational, but in fact are owned by law firms. Be wary of any “injury information” site that lists law firms or offers lawyer referrals, particularly if it does not make obvious the identity of its sponsor.

Advertising

The issue of attorney advertising is addressed in the next two questions:

Should I hire the personal injury law firm with the 1-800 number, and all of the ads on TV?

Generally speaking, television and radio advertisements are a bad way to find an attorney. Many advertisements are paid for by referral agencies, which collect large numbers of calls and then divide them up between member attorneys. Even when the advertisements are paid for by a law firm, often many of the cases are referred out to other firms who share the enormous cost of advertising. Most of the time, the attorney with the big advertising campaign will not have an office near you. Unless your case is worth a lot of money, you may well find that you are quickly referred to a different firm or that you can’t get much attention for your case.

Please note that, when it comes to hiring a personal injury lawyer, many of the best personal injury attorneys do little or no advertising. They get their cases through “referrals” from other attorneys, due to their reputations for doing good work and getting good results.

Should I hire the lawyer with the big “yellow pages” ad?

If you look at the “full page” ads in the yellow pages, you will likely find that there are two types. The first type is an ad for a local attorney, who has chosen to pay for the full page. The second type is an ad for an attorney from outside the area, sometimes from the same attorney who runs the huge television ad campaigns.

Many of the biggest ads will be from personal injury law firms, who anticipate that their large advertisements will bring them large numbers of injury cases. Many of the better personal injury lawyers and firms do pay for full-page ads. However, as was previously noted, some of the best personal injury lawyers do little or no advertising at all. Also, there are many attorneys who buy the largest ad that they can afford in order to make their practices appear better than they really are.

If you look through the yellow pages, you will see that most lawyers claim to specialize in “personal injury” cases. Many of these lawyers have handled very few personal injury cases, and some have never had even a single injury case. The yellow pages can provide some degree of confirmation that a particular law firm is established, but even a big advertisement does not certify that a firm is qualified to handle your case.

Are there special types of personal injury lawyers for different types of cases?

Yes. When you are seeking a personal injury lawyer, you should consider that most personal injury lawyers do not practice medical malpractice law, and many do not handle workers’ compensation cases. Just as you would seek a specialized doctor to provide a special type of medical care, the practice of medical malpractice law is very specialized and in seeking a lawyer it is almost always best to seek out a lawyer or law firm which has significant experience in that area of law. Some lawyers specialize primarily in workers’ compensation law, which is typically handled through a special system of administrative courts.

Further, beyond workers’ compensation and medical malpractice, certain law firms specialize in particular types of injury or cause of action. There are personal injury law firms which focus primarily on burn injuries, or brain and spinal cord injuries. There are personal injury firms which concentrate primarily on car accidents, construction accidents, or litigation over defective products. You will benefit from asking whether a lawyer you consult has experience with your type of injury before you make your hiring decision.

If I meet with an injury lawyer, do I have to hire him?

No. Although personal injury attorneys rarely charge for an initial meeting with a potential client, before your meeting you should ask if there is a fee for an initial consultation. If there is, you will be obligated to pay that fee even if you do not hire the attorney. However, even when the consultation is free, you have every right to take some time to think before you hire a lawyer, and you have every right to decide not to hire the lawyer. Hiring a personal injury lawyer is a big step, and there is nothing wrong with consulting several lawyers to find one who makes you comfortable.

What should I ask the attorney before I hire him?

The questions you should ask will vary with your case. Consider the following list to be a starting point:

What are your areas of specialization?
Have you handled cases like mine before? How many? What was the outcome?
Will you be the only attorney who works on the case? If not, who else will work on it?
How long will it take for this case to be resolved?
Will you take my case on a contingent fee basis?
Are there things I should do to improve my case, or to help you?
How will you keep me informed about the progress of my case?
If I contact your office with questions, how long will you take to return my call?
If you are unavailable or on vacation, who can I speak to about my case?
How often do you go to trial?
If I am not happy with a settlement offer and you want to settle, will you go to court anyway?
If I am happy with the offer but you think we can win more at trial, will you follow my wishes?
Have you ever been disciplined by an ethics committee, or been suspended from the practice of law? If so, why?
What “continuing legal education” courses have you attended during the past few years? Have you taught any?
Please note that, as desirable as references may be, it is usually not possible for personal injury lawyers to give references from past clients due to attorney-client confidentiality. However, you may wish to ask for references from other attorneys.

Should I ask for a written retainer agreement?

Yes. A written retainer agreement is the best way to ensure that your rights are protected, and in many jurisdictions is required for a contingent fee agreement to be valid. Many personal injury lawyers use a relatively short fee agreement, but even if it looks short and simple you should take your time and read the whole agreement before signing. If there is something you don’t understand, ask for clarification before you sign.

What if I hire an injury lawyer, but I don’t like the work he does?

Your lawyer works for you, and you have the right to terminate the attorney-client relationship. Please note, however, that your lawyer is still entitled to compensation for work performed on your case. If the lawyer was representing you on a “contingent fee” basis, the lawyer will often be entitled to a portion of the proceeds of your case once it has been resolved.

Usually, before you fire your lawyer, you will want to first talk to a different attorney. Sometimes the new attorney will tell you to try to work out your problems with your lawyer. If you choose to hire the new attorney, the new attorney should be willing to work out the details relating to any fees you may owe to your prior lawyer.

If I want to appeal my case, does my attorney have to represent me?

Generally not, unless your retainer agreement requires your attorney to take on the appeal. Your lawyer will ordinarily only have to represent you on the matters specified in your retainer agreement. Once a final judgment has been entered, your lawyer ordinarily has no further responsibility to represent you or to appeal your case.

What if a dispute arises?

In the event that a dispute arises between you and your lawyer, many state bars offer dispute resolution services. These services can be of particular benefit in the event of fee disputes. If you feel that your lawyer has acted in an unethical manner, each state has a “grievance” procedure where you can file a complaint against your lawyer and have your complaint investigated.

Source: Expertlaw.

After the insurance company has been notified about the claim, a file is established on you and your case. An insurance clams adjuster is assigned to your file by a claims manager or claims supervisor. The supervisor may assign different adjusters to your case as it progresses.

The insurance claims adjuster responsible for your file will maintain contact with your lawyer. The adjuster will also perform an independent investigation of your claim to ascertain the following:

a. Who is at fault in your case.

b. Whether or not you bear any fault for your own injuries. This is also referred to as comparative negligence or contributory negligence.

c. Potential witnesses in the case.

d. The location of the scene of the accident.

e. The contents of police reports, Department of Motor Vehicle reports, and any other investigative reports that have been filed in the case.

After the initial investigation, the claims adjuster will request medical reports and any other reports dealing with your injuries. The adjuster will also review documents about your time lost from work. Most importantly, the insurance claims adjuster will want to receive accurate records of your medical bills, prescription bills, hospital bills, therapy bills, and any other actual expenses incurred as a result of your injury. That is why it is very important for you to maintain an accurate account of your medical bills, lost wages, and other expenses which result from your injury.

2. How does the insurance company put a value on my case?

This question is quite complicated. First, the claims supervisor or claims manager will provide that a certain amount be “set aside” as a potential value of your case. This figure is usually called “reserves.” Such reserves are the outside value that the company has established on your claim. The reserves may change as the case progresses. In serious cases, such reserves may equal what are called policy limits. Policy limits are the outside limit amounts of liability established in the insurance policy of the person or persons who caused your injury.

During the preparation stages of your case, the insurance company will keep track of your medical bills, lost wages, any permanency regarding your injury, and other factors. The company will also take into consideration the quality of evidence against their insured, the quality of your witnesses and their witnesses, extent of liability on your part, and other important considerations such as previous injuries.

If you had a previous injury in the same area of your body, the insurance carrier will want to see medical records pertaining to that injury. During the course of your claim, your attorney will be notified by the insurance company about the important factors that are being considered in your particular case.

3. Should I communicate with or contact the insurance company for the person who caused my injuries?

Absolutely not! Under no circumstances should you contact the insurance company once you have retained an attorney. If you contact the other person’s insurance company, for any reason, you could ruin your entire case with one question or one statement.

Secondly, because you are now represented by a lawyer, the insurance company, in most states, is absolutely prohibited from having any personal contact with you for any reason.

4. Can I contact my own insurance company?

If you have health insurance, medical payments insurance, automobile uninsurance or underinsurance coverage, there may be occasions when it is appropriate for you to contact your own company. However, you should always ask your lawyer whether or not such contact is appropriate. Never contact an insurance company without first obtaining approval from your attorney.

5. Will the insurance company for the person who caused my injuries dispute my claim?

If liability and responsibility are well-established in your case — that is, if fault clearly rests with the insurance company’s insured (the person or persons who caused your injury), they will try very hard to settle your claim. Insurance companies usually dispute the following types of claims:

a. Claim in which the fault rests with someone other than their insured. This could mean you or someone else involved in the incident who may have caused your injuries rather than the person who is insured by the insurance company.

b. Claims in which the insurance company and its representatives do not believe that you are injured, or that you were injured as badly as you claim. For this reason, documentation of medical bills, lost wages, and other expenses are extremely important to establish credibility and the existence of your injury.

c. Cases in which you or your witnesses have lied, exaggerated, or fabricated the nature and extent of your injury or how the incident occurred.

6. What can I do to convince the insurance company that my claim is valid?

As stated above, the most important thing you can do is to recover as quickly as possible from your injury. Insurance company personnel tend to believe those people who actively try to recover from their injuries. That is why you must cooperate with your doctor, physical therapist and other personnel who are trying to help you improve from your injury.

Secondly, insurance companies believe those people who can document their injuries through medical bills, credible medical reports and accurate lost wage information that is neither exaggerated nor subject to dispute and interpretation.

Thirdly, insurance companies usually settle cases easier with those clients who have been in active contact and cooperation with their attorney.

In summary, it is important for you to try to get better, keep an accurate record of your expenses, and cooperate with your lawyer and his or her staff.

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