Q.
What is a personal injury case?
A.
Generally, personal injury cases involve automobile accidents,
slip and fall accidents and other incidents that do not relate
to negligence alleged against doctors, hospitals or healthcare
providers. (See “Medical Malpractice FAQ” for
information about these types of cases)
Q. What is a statute of limitations in a personal
injury case?
A.
statute of limitations is the time limit established by law
within which you must file your case or be forever barred
from doing so. Personal injury cases generally have a two-year
statute of limitations that begins running on the date you
were injured. It is important that you consult an attorney
as soon as you believe you may have been injured, as various
factors may impact your statute of limitations. The statute
if limitations for a minor child or a person under a disability
may be extended, so contact a lawyer to advise you about a
particular claim.
Q.
I was in a car accident and the other driver’s insurance
company keeps calling me. Do I have to talk to them?
A.
If you had insurance at the time of the accident, you may
want to let your insurance company do the talking initially
and refer any calls you receive from the other party’s
insurance company to your insurance company. If you are represented
by an attorney, you should refer any calls and correspondence
that you receive from insurance companies to your attorney
for handling. It is important to keep in mind that once you
sign a release or indemnification you have permanently settled
your claim and may be barred from any further action for future
injuries related to the incident. Always be mindful that insurance
companies want to settle claims quickly and as cost-efficiently
as possible. It is important that your rights are protected
in the process.
Q.
What information should I have about the incident?
A.
All of it. Any police reports, incident reports, medical records,
witness names and any other related documents might be vital
to your case. Photographs and even videotape can often be
very helpful, so don’t delay in getting this possible
evidence preserved.
Q.
Do I have to pay my insurance company back if I am awarded
a settlement?
A.
In some circumstances, insurance companies may assert liens
against bills that they have paid on your behalf. What that
means is that by law they are entitled to be paid back for
medical bills that they have paid for you if they have asserted
a lien and a settlement is reached. If you are covered by
Medicaid, Medicare, Tricare or Workers Compensation at the
time of the accident, chances are that you will have to pay
the government or insurance company back for any funds they
paid on your behalf to medical providers. This is also the
case with some private health insurance. That is why it is
very important that you retain all “Explanation of Benefits”
forms or statements for services that you may receive from
medical providers. Understand that in the event of a settlement
your attorney may be required by law to pay in full any outstanding
liens for which they have received notice before you receive
any settlement proceeds. Ultimately, you are responsible for
the payment of your medical bills.
Q.
My doctor is asking me to sign an assignment form so that
he is paid out of any settlement proceeds. Should I do that?
A.
You should have an attorney review any documents you are asked
to sign so that your rights are protected.
Q.
Should I get my own medical records?
A.
In personal injury cases (auto accidents, slip and falls,
etc.) it is usually a good idea for you to obtain your own
records if you can. You will be asked to fill out a release
form and to pay for the duplication of the records. In most
cases, you are entitled to receive a copy of your records
within two weeks of your request as long as you have filled
out the proper paperwork and paid the requested fee.
Q.
Should I tell my doctor why I want my records?
A.
If your doctor wants to know why you want you records it is
generally alright to tell him or her if it is unrelated to
his or her care and treatment (i.e. an auto accident case
or a slip and fall case). You are not, however, required to
give them any reason in order to receive the records.
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