Many people who have little or no claims experience often assume that their own insurance company or agent will assist them with a claim, even if it is someonelse's fault. That is not the case. Your insurance company is only obligated to respond if a claim is made against you, or if you make a claim against your insurance company. If a property loss or injury claim is being made against you, you should definitely contact your insurance company first. They will assign a claims representative to handle the claim and they will provide a lawyer to represent you, at no cost to you, if a lawsuit is filed against you. But if you wish to make a claim against another party responsible for your injuries, your insurance company will not help you. You must submit a claim to the other party and their insurance company. You can be assured that the other party's insurance company, no matter how pleasant and reassuring they may act, is not interested in fully compensating you, and may not be interested in compensating you at all. Insurance companies make money by collecting premiums, then defeating or reducing as many claims as possible. The same rules apply to your own insurance company, if you are making a claim of any kind with them. They are not obligated to assist you with making a claim against them, nor are they obligated to pay you any money. You must prove to them that you are entitled to any money under your own insurance policy under the same rules as if you were proving your case in court. You should contact a lawyer before you talk to any insurance company to determine whether you need a lawyer, whether to engage in any discussions with an insurance company, and which insurance company to contact. Most lawyers, like myself, do not charge for initial consultations to assist potential clients in this way.

Like most attorneys that handle injury and death claims, I work on a contingent fee, plus expenses. This means that I do not get paid until I am able to get a settlement or judgment for you. Then I receive a percentage of your settlement or judgment. Like most attorneys, in most cases I will advance out of my own pocket the expenses needed to fund your case. When a settlement or judgment is obtained for you, I get that money back, in addition to the contingent fee described above.

The contingent fee is a percentage of the total amount that you receive in a settlement or judgment. The usual fee for most injury and death claims is one-third or 33 and 1/3%. In cases that involve more risk or expense, the fee can be as high as forty percent. There are a lot of reasons that contingent fees are this amount: (1) Injury and death claims can take anywhere from six months to three years to conclude. Meanwhile, the attorney is not getting paid; in fact, he is incurring more and more expenses. No one else in society is willing to work this way. Everyone expects a paycheck as they perform the service. The contingent fee is set at an amount or percentage that gives the attorney an incentive to be willing to delay getting paid for an extended time, as well as incur expenses on behalf of the client. If the contingent fee was set at 20% or 25%, for example, very few attorneys would be willing to handle these cases and they definitely would refuse to advance expenses. (2) The contingent fee is a reflection of the risk inherent in all injury and death claims. No matter how good your case may seem to you, attorneys know that no case is a sure winner. There are many ways that even the best case can go south. In many cases it is clear from the beginning that a case may only have a 50% chance of success. If the case loses, the attorney loses, since typically you are not obligated to pay any fees, and he will have lost all of the time invested in your case, that could have been invested in something that does generate income. In addition, in many cases, you will not need to reimburse him for the expenses he paid for you. In contrast, attorneys that work for insurance companies get paid their hourly rate each month regardless of whether your case wins or loses. They have security, very little risk, and a steady paycheck. (3) The contingent fee is a way for clients to have access to top quality legal services without paying a monthly bill directly out of their pocket. If you went to a top quality law firm and requested representation in an injury or death claim on a pay as you go basis, you would be charged between $150 to $450 per hour for their services, in addition to paying the expenses of the claim which can easily run into thousands of dollars. Needless to say, most people cannot afford to pay those fees, especially if they are injured or have experienced a death in their family.

You don't, but a lawyer can tell you, usually within a matter of a few minutes on the phone or an email exchange. Like myself, most lawyers are more than willing to discuss whether your claim has merit and should be pursued and will not charge you for this initial consultation.

I generally do not handle automobile property damage claims for several reasons: (1) most of the time property damage claims are handled fairly by insurance companies; (2)there is generally little room for dispute concerning the cost of repairing a vehicle or the fair market value of a vehicle if it is a total loss, but when insurance companies make offers to resolve property damage claims that seem unfair, the dollar amounts that are in dispute are generally not enough to justify a lawyer's involvement; (3) the bottom line in most cases is that if you want to dispute the insurance company's offer, an attorney would be forced to file a lawsuit, which could take six months to two years to conclude. In the meantime, you do not have money or a car. In many cases, you are simply better off accepting a somewhat inadequate offer in order to move on.

There are several situations in which you may want to consult an attorney about a dispute over property damage to your car: (1) if there is a very wide difference between what the insurance company is offering and what you are willing to accept (and you can document your reasons) you should consult an attorney; (2) if you have a vehicle that is unique or has unusual value, such as a classic car, and the insurance company is unwilling to pay its true value, you should consult an attorney; (3) if your car was a near total loss, and is repaired, and the insurance company is unwilling to pay for the reduction in value to your car, you should consult an attorney; (4) if the other party's insurance company is denying liability or ignoring your claim, you should consult an attorney - you should also contact your own insurance company to get them to cover the loss. If they pay for your damages, they are entitled to seek reimbursement from the other party or their insurance company; (5) if you have an injury claim that needs to be taken to court and you have not resolved the property damage claim, for any reason, it may be worthwhile to couple the property damage claim with the injury claim.

No. No. No. Everything you say will be used against you. You do not know what will help or hurt your claim. You have no obligation to give a statement to the at fault party's insurance company. They will not deny your claim simply because you refuse to give a statement. You should speak to an attorney before talking to any insurance company.

If you take that approach, you will have no leverage in dealing with the insurance company. Getting reasonable settlements is all about leverage. You have no leverage because you cannot file a lawsuit on your own and win. They know that. An experienced attorney represents your ultimate leverage, especially one with whom insurance companies have had numerous encounters and one whom they respect for their aggressiveness and willingness to try lawsuits. If you wait to bring a lawyer into your case, you allow the insurance company to dictate how your claim is prepared and what documentation is considered in evaluating your claim. They will demand statements from you and your family. They will demand authorizations permitting them to obtain all of your medical records, medical bills and employment records. They will insist on reimbursing your medical insurance and medical providers in full, leaving little to compensate you. You will not know how to conduct yourself to maximize the value of your claim or to prevent damage to the value of your claim. Everything you do and say will be used against you. Everything in your records will be used against you, even if it does not seem relevant to your case. The unfortunate fact is that many clients have approached me after a lengthy period of dealing with an insurance company directly and receiving a poor settlement offer, but there has been nothing I could do for them because too much damage had been done to the case. But it is never too late to talk to an attorney to explore your options.

There is no simple answer to this question. The first and most important consideration is that no settlement should be attempted until you have fully recovered from your injuries or at least have recovered as much as you are able. This might take several months or several years, depending on the nature and severity of your injuries. Then all of the documentation to support your claim must be assembled and sent to the insurance company with a settlement demand. This can take several additional months. It is generally my practice to file a lawsuit if a client has not recovered within six months after an injury, since this usually means they are having chronic pain which will have an indefinite healing time. Most lawsuits are resolved by settlement or trial within eighteen months. Once a lawsuit is filed, if a case is going to settle, it generally happens within thirty days before the trial.

Yes, but they are not required to pay any of your medical bills until you and they agree to a full settlement of your claim or you get a judgment against the at-fault party. That could take six months to three years. If you wait on them to pay the bills, the bills will pile up, the bills will go into collections, your credit will be ruined, and you will allow the time for submission of the bills to your own insurance to lapse. If you lose the case, or if the insurance company or a jury believes that any portion of your medical bills are not related to your claim, the insurance company will not pay those bills. In essence, you are screwed. Therefore, when you go the doctor or the emergency room after an injury, do not list the at-fault party or their insurance company as the responsible party. They will not pay the bill. In general, you should submit all of your medical bills to your medical insurance, Medicaid or Medicare. Contrary to myth circulated by some medical providers, they will not refuse to pay because you were injured in an accident of some kind. Eventually, they will send you a letter asking you if you were injured through someonelse's fault. That letter should be sent to your attorney before returning it to the insurance company. If your medical insurance, Medicaid, or Medicare pays your medical bills, they are legally entitled to be reimbursed for all such payments that directly related to your injuries. This prevents you from being paid twice. Therefore, they will be reimbursed out of your settlement or judgment which will include those same bills. If you have car insurance, you may have and should have medical payments coverage. This coverage is intended to provide some medical coverage for you and anyone else in your car that is injured, regardless of who is at fault. The amount of this coverage typically ranges anywhere from $1,000 to $100,000, depending on how much you purchased. Generally, you should use this coverage to pay any medical bills not covered by your medical insurance in order to get the most out of it. Do not worry about your rates, because your auto insurance company is entitled to be reimbursed in the same way that your medical insurance is reimbursed. Note, that if you are injured while a passenger in someonelse's vehicle, you are entitled to make a claim under their medical payments coverage, in addition to making a liability claim against them.

The amount of time that you have to settle a case or file a lawsuit depends on a variety of factors, the most significant being the type of case that you have. In fact, there may be multiple time limits within a single case. If you are uncertain of the time limits in your case, you should consult a lawyer, since the passing of the time limits will usually prevent you from recovering any money and prevent you from taking any legal action. Do not accept advice from anyone about your time limits that is not a lawyer that focuses on the area of your particular claim. Issues involving time limits can be very tricky, even for very experienced lawyers. If you want information about your specific case, please call me or email me and I will be happy to assist you without charge for the initial consultation.

Most clients want to know that their lawyer is accessible to them. I believe that one of the benefits of having me as your lawyer is that I am easy to contact (phone, cell phone, email) and quick to respond to your communications and messages, and very willing to explain what is happening in your case and why. I am always willing to arrange personal meetings when needed and anywhere that is mutually convenient to you and me. Generally, I handle cases all over the State of Ohio and occasionally in states connected to Ohio. I am licensed to practice law in Ohio, but I can get special permission to practice in neighboring states on a case-by-case basis. Most of my cases are in Central Ohio, meaning Franklin County and surrounding counties. My willingness to travel further is largely dependent on the quality and size of the case, since there is necessarily more time and expense involved in handling cases outside of this area.

Generally, this depends on the nature and severity of your injuries. If your injuries are severe, involve fractures or severe lacerations, or require immediate surgery, the course of treatment largely takes care of itself, since the medical providers will give you direct and immediate guidance. The more difficult issues arise with injuries that are more soft tissue and/or chronic in nature. Many people avoid going to doctors or hospitals and avoid taking medications unless absolutely necessary. Insurance companies and ultimately juries will only recognize an injury that is well-documented in medical records. Therefore, if you intend to make a claim and you are definitely injured in some way you should seek medical attention as soon as possible, preferably from a family doctor, urgent care or emergency room. If you do not have a doctor, consult with a friend or relative for a recommendation. If you do not have insurance or you are still unable to select a doctor, as your lawyer I can help you come up with a solution. A significant delay in getting medical attention will reduce the value of your claim in the eyes of an insurance company. Likewise, once you are getting medical attention it is critical that you follow your medical providers advice and continue your medical care on a consistent basis until you are completely healed and released from further care. Significant gaps in medical care will also reduce the value of your claim in the eyes of an insurance company. There are no excuses for your failure to get proper medical attention, including lack of insurance or transportation. If you do not get treatment when you need it, you will not get paid. If you need help with any of these issues, as your lawyer I will help you come up with a solution.

The fact that a lawyer does a lot of t.v. commercials or sends you a slick letter does not necessarily mean they will provide you the best representation. In fact, many of the lawyers that do t.v. commercials do not handle cases that need to be filed in court, which is most cases these days. They have young, relatively inexperienced lawyers on their staff handle those cases or they refer them to outside attorneys with the needed experience and expertise. They handle large volumes of cases, sometimes inadequately, and force clients into settlements. Most of the best attorneys do not actively solicit clients, sometimes referred to as ambulance chasing, but instead get their clients through referrals from people that they know and who know they are experienced and expert, not just at handling cases, but also successful in trying cases to juries when needed.

You should not go to any medical provider that contacts you directly to get you to obtain treatment at their office. Frequently, chiropractors have offered incentives for clients to go to their office such as gift cards, transportation, or free initial service. They have also offered to set clients up with an attorney at their office while they are getting treatment, usually the same attorneys that advertise on t.v. These practices are unethical. These chiropractors have a very tight relationship with certain attorneys that engage in t.v. advertising and direct mail solicitation of clients, and use their relationship to trade client referrals. The attorneys in these relationships are using the chiropractor telemarketers to assist them in getting new clients by making direct contact with the clients, when the attorney is prohibited from making such direct contact. This practice is unethical. As a practical matter, if you get involved in this situation, your case could eventually blow up. Insurance companies know who these chiropractors and attorneys are and they make smaller settlement offers as a result. When your case goes into litigation you will be asked how you found the chiropractor and the lawyer and the truth will come out that they called you, you did not call them. This will cause serious damage to your case and you may not recover anything. You should obtain medical treatment from someone that you know and trust, or get a referral from someone you know or trust.

Twenty to thirty years ago, if a medical professional was clearly responsible for an injury, even a relatively minor injury, it was possible to get their insurance company to provide compensation, sometimes without even filing a lawsuit. Since then, things have changed dramatically. The medical profession and their insurance companies now refuse to accept responsibility for any injuries or deaths unless a lawsuit is filed, experts have been retained and have testified, and preparations for trial have been completed. Even then, they will not settle unless you have convinced them that you have a very good chance of winning in a jury trial. The medical profession and their insurance companies have also convinced state legislatures and supreme courts that there was and is a crisis in medical malpractice costs that has been driving up malpractice insurance costs to intolerable levels. Despite a total lack of empirical evidence to support their claims, this has resulted in laws and decisions which have greatly restricted the ability of injured persons to undertake medical negligence cases. In most cases it costs tens of thousands of dollars to retain experts to present a persuasive case of medical negligence. The practical result today is that as much as 99% of injuries caused by medical negligence is uncompensated. This includes almost all injuries that might be worth up to $100,000 if successful in a jury trial. Most lawyers will not consider a medical negligence case unless the negligence is very clear and the damages are at least $500,000.