GATHERING YOUR ACCIDENT FACTS FOR THE LAW OFFICES OF JONATHAN B. NELSON, P.C.
By: Dan Baldyga
This information is a bare-bones guide for those who have had an accident while driving their motor vehicle and have wisely asked The Law Offices of Jonathan B. Nelson, P.C. to represent them.
There are 7 areas you should be aware of:
(1) SPECIAL DAMAGES:
Losses that can be measured in definite sums of money. They are the bedrock of the calculations used to award damages (including “Pain and Suffering” - - legally defined as your “Compensatory Damages”) for any financial loss that flows directly from the motor vehicle accident and the injury you may have sustained. “Special Damages” Include: Medical Expense, Special Damages plus Time Lost From Work which is your Lost Earning Capacity.
(2) MEDICAL EXPENSE - - SPECIAL DAMAGES:
Doctor of chiropractic, medical doctor, specialist and/or dentist bills: Be sure to obtain all bills for services rendered PLUS final reports regarding your physical condition. Make sure these reports include the length of time of your “Partial Disability” and/or your “Total Disability” because these will go a long way to help Attorney Nelson to justify both your “Pain and Suffering” and your lost wages.
BE SURE TO OBTAIN ALL MEDICAL BILLS! For example: Ambulance, Emergency Room, Hospital or Clinic, Laboratory Fees and Services, Diagnostic Tests: (X-rays and/or CT Scan), Registered and/or Practical Nurse Fees, Medicine and/or Prescription Medications, Prosthetic Appliances or Surgical Apparatus (Canes & crutches, etc.), Physical Therapy, Ace Bandages/Gauze & Tape, Heating Pads, Creams, Ointments, Balms & Salves.
(3) TIME LOST FROM WORK - - LOSS OF EARNING CAPACITY - - SPECIAL DAMAGES:
The time lost from work (thus the money you may have lost) is added up. This constitutes an element of your “Special Damages,” mainly lost wages. In many instances the law does not look at your time away from work because of an injury as lost time and earnings but as “Lost Earning Capacity.” In most states you're entitled to compensation for lost time and earnings even if you had no actual loss of money, such as, for example, when your salary is paid by your own insurance, because you took sick leave or some similar arrangement.
IF YOU'RE EMPLOYED FULL TIME: You must obtain written proof, on company letterhead, what you are paid and how much time you lost from work. Be ready to discuss with Attorney Nelson your job description and how long you've been employed at your current position. Does your work demand heavy labor and/or lifting? Did you use up vacation time and/or sick leave time due to your accident? Was there a loss of future earning capacity? Were you absent from one or more important meetings? Were you unable to make appointments? Did you lose the opportunity for an interview that could have led to a better job?
IF YOU'RE EMPLOYED PART-TIME: Do you have written proof of your lost time from work on company letterhead and how much that represents in dollars? Be ready to discuss your job description and how long you have been employed at your current part-time position. How many hours do you normally work each week? What is your average weekly and/or average daily income? Does your work demand heavy labor and/or lifting? Did you lose the opportunity for an interview that could have led to a full-time job?
SPECIAL NOTE FOR ALL TYPES OF CLAIMANTS:
It doesn't matter if you are employed full time, part time, self-employed, own your own business, retired, unemployed or a housewife not employed outside the home - - you should keep a written record of all household help and/or child care needed during your disability period plus all unusual costs incurred in getting to and from the doctor, chiropractor, and/or therapist, etc.
(4) PROPERTY DAMAGE LOSSES:
In the vast majority of motor vehicle accidents there's an “Agreed Cost To Repair” which has been negotiated between your damage repair person and the insurance adjuster. Be sure to know what that figure is.
SOME IMPORTANT “PROPERTY DAMAGE” DEFINITIONS:
COLLISION: This applies to loss or damage as a result of an impact with another vehicle or object. To collect, there's usually a deductible which you must pay out of your own pocket. (If you’re not at fault you can get this money back. Read your policy).
PROPERTY DAMAGE LIABILITY: Insures a person from the property damage caused by the ownership, maintenance or operation of your motor vehicle. If you have this coverage on your policy, it will protect you, (to the extent as stated in the policy) for damages you may do the property of another (i.e. his motor vehicle, trees, lawn, shrubs, mailbox, garage, home, etc.). EXCLUSIONS: A good rule of thumb is: “If it’s not excluded, it’s covered”. Know your exclusions and how they apply.
LIMITS OF PAYMENT: The limits of payment will tell you what the policy pays for and what the payments will be based on. ACTUAL CASH VALUE: Basically this is the original cost of an item, less “Depreciation”.
WHAT IS DEPRECIATION?: This is the amount of “Wear” already obtained from an item. It should be based on a standard depreciation guide. (If your own insurance company adjuster is not responding correctly you should ask for proof from where the adjuster is obtaining the depreciation. You don't have to accept this figure).
REPLACEMENT COST: This is the value of a new item.
TOTAL LOSS: This is when the damages exceeds the value of the vehicle, as stated in all "Official Booklets".
FAIR MARKET VALUE: Generally speaking this is the value of your vehicle with consideration shown for the year, make, model, options, mileage, and general condition of the vehicle and its components (i.e. tires, interior, paint, etc.).
OTHER PROPERTY DAMAGES LOSSES: Clothing, jewelry, watches, eye or sunglasses, etc. (Be sure to have written proof of the cost of each item damaged plus the date it was purchased).
ALSO: Don’t forget any charges you have incurred for towing, storage and substitute vehicle rental or alternate transportation.
(5) EACH INJURY EVALUATION FACTOR SHOULD BE CLEARLY STATED IN YOUR MEDICAL DOCTORS FINAL REPORT:
Is your disability solely a result of the accident? If the answer to this is “No”, explain. Are there any pre-existing conditions or factors that were aggravated by your injuries? If so, explain. What treatments were administered? Why and for what duration? What medications were prescribed? In what amounts and for how long? What symptoms or medical problems were such medications meant to relieve? Any adverse reactions demonstrated? Describe them. In his/her opinion, what is the nature, extent and frequency of the pain that an injury, such as yours, will likely cause?
PROGNOSIS: Information on your personal injury progress. Part played by a pre-existing condition, if any? Prediction of future temporary disability/impairments? Does the individual attending to you anticipate future or further treatments?
YOUR TOTAL DISABILITY: If possible this should be stated in weeks and days. When ended?
YOUR PARTIAL DISABILITY: If possible this too should be stated in weeks and days. When ended? Ask your attending physician, to write their report, including all of the above, in as specific wording as possible.
(6) STATUTE OF LIMITATIONS:
Each state has a Statute Of Limitations, restricting the time a person in a motor vehicle accident can sue. After that time has passed, no lawsuit can be filed to seek compensation for their property damage and/or injuries. In many states, you have two years or more from the date of the accident in which to settle, however some states allow only a year. (The law applies - - in the state where the accident happened).
(7) MEDICAL PAYMENTS COVERAGE:
If you have this coverage on your motor vehicle policy, it will pay you, up to certain limits, for all bills arising out of the accident - - regardless of who is at fault! (You must read your policy carefully because the “Who”, “Why” and “How” sometimes differs).
A WORD ABOUT HEALTH INSURANCE COVERAGE/PLANS
In certain instances, it may be possible to have your medical bills paid and yet avoid any repayment by tapping into your non-motor vehicle health insurance, or some other health plan you may have. (Yes, this means that under certain circumstances you may be able to collect twice for the same medical bills! Once from the insurance company of the individual who was responsible for the accident and again from your own health insurance or plan).
DISCLAIMER: The only purpose of this insurance claim article GATHERING YOUR ACCIDENT FACTS FOR THE LAW OFFICES OF JONATHAN B. NELSON, P.C. is to help operators understand the motor vehicle accident claim process. Dan Baldyga does not make any guarantee whatsoever; NOR to substitute for a lawyer, an insurance adjuster, or claims consultant, or the like.
To learn more about handling your Motor Vehicle Accident claim read Dan Baldyga's third and latest book AUTO ACCIDENT PERSONAL INJURY INSURANCE CLAIM which can be found on the internet at www.autoaccidentclaims.com.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved.
Practice Areas
Lead Poisoning | Brain Injury | Birth Injury | Cerebral Palsy
Slip, Trip & Fall | Auto Accidents | Products Liability
Criminal Law & Offenses | Criminal Defense | DWI
White Collar Crimes | Construction Accidents | Biography
Sitemap | Contact Us
<!--
