Tag Archive for: personal injury

The Importance of Medical Records in Personal Injury Claims

The Importance of Medical Records in Personal Injury Claims

When you’re seeking compensation for a personal injury, your medical records may play a critical role in whether or not you receive a fair settlement offer. Medical expenses are often the largest portion of a personal injury settlement, and with complete medical records, you can prove your injuries and the costs that come with treating them.

Getting full and fair compensation often starts with finding the right attorney for your personal injury claim. Set up a consultation with the team at McPhillips Shinbaum and attorney Aaron Luck by giving us a call at 334-262-1911. We look forward to helping you. 

Proving the Nature and Severity of Injuries

Medical records can go a long way in proving the severity and extent of your injuries. Medical records may show when a patient sought treatment, which diagnoses they received, treatment plans that were recommended, and progress on their recovery. Comprehensive medical records may also show a patient’s diagnostic testing, medical imaging, and care provider observations. All of this evidence makes it very hard for the other party’s insurance company to claim that you are exaggerating your injuries or making them up entirely.

Highlighting the Need for Medical Treatment

Even if the insurance company is willing to admit that you are injured, they don’t always necessarily agree that you need medical care. They’ve been known to say that your care was frivolous or excessive, or even worse, just a way to fluff up the amount of money you ask for. Thorough medical records show what prescription medications you take for your condition, how often you have medical appointments, which specialists you see, which treatments you have tried, and which treatments have helped you make progress. 

If your injuries aren’t yet completely healed, your medical records can also show your ongoing care needs and provide insight into your prognosis. This is particularly important if you are likely to need care for the rest of your life, as the doctor’s recommendations and observations may be used to determine how much money you receive for future medical care.

Demonstrating Pain and Suffering

Putting a dollar amount to your pain and suffering feels unnatural. For some, it even feels wrong—how can you ask for money for a loss that isn’t financial? The fact is that money is the only type of compensation that the civil court can award, and you should get every dollar you are entitled to.

How, then, do medical records prove your pain and suffering? Doctors often note patients’ pain levels in their charts. They also document the type of medications a patient receives for pain, what physical limitations they struggle with as a result of their pain, and the progress they make over time.

Insurance companies aren’t quick to pay out additional money for pain and suffering. Medical records can help back up your claims of pain and suffering with actual medical documentation. Sometimes, you just need the insurance adjuster to see you as a person—and sometimes, thorough documentation of pain and suffering can make that happen.

Avoiding Pre-Existing Conditions Accusations

Insurance companies sometimes go low when they are trying to avoid paying out a full and fair settlement. That may mean implying—or saying outright—that your current injuries are a result of pre-existing conditions, not their client’s actions. Your medical documentation may disprove that. Doctors can provide their opinion on the source of injuries and subsequent pain, making it clear that your injuries are in line with what other accident victims experience. They may also comment on past injuries and the fact that they do not align with your current symptoms and pain levels. In these claims, it is often a matter of getting ahead of the insurance company, anticipating their next move, and having a rebuttal ready for it.

Call McPhillips Shinbaum for Help with Your Personal Injury Case

If you’ve been injured in a Montgomery car accident or other type of accident, you don’t need to go through this challenging time alone. Attorney Aaron Luck at McPhillips Shinbaum is committed to helping victims like you fight for the compensation they are owed. Take the first step in your claim now by calling us at 334-262-1911 or filling out our online contact form.

personal injury

How to Avoid Common Pitfalls in Personal Injury Claims

If you’ve never pursued a personal injury claim before, it’s easy to make a whole list of mistakes that can weaken your claim or even keep you from seeking compensation. The earlier you learn about this process and how to fight for what you deserve, the less likely you are to make these critical mistakes. Learn more about the most common personal injury pitfalls and how you can avoid them. When you’re ready to get started with your claim, attorney Aaron Luck and the team at McPhillips Shinbaum are here to help. Call us today at 334-262-1911.

Pitfall #1: Not Gathering Evidence

Every successful personal injury claim has a bounty of evidence behind it. The longer you wait to start gathering evidence, the more likely you are to miss out on crucial pieces. Remember that the insurance company has no desire to actually give you the compensation you deserve—they will only do so if they truly have no other option. To put them in that position, you have to have irrefutable evidence.

  • How to avoid this pitfall: If there’s something relevant to your accident or injuries, keep it. This includes photos of where it happened, medical bills, eyewitness statements, and reports from your doctor.

Pitfall #2: Talking to the Other Party’s Insurance Company

Remember, the other party’s insurance company is not your friend. The insurance adjuster might be very nice. They may seem concerned about your injuries. They may even assure you that they just want to get you what you’re owed and be done with the claim. Don’t believe anything and don’t talk to them without your attorney. Their top priorities at all times are to save their company as much money as possible and avoid getting sued. 

They do the first one by paying you as little as possible, and they do the second one by convincing you that their pitiful settlement offer is in your best interests. When you talk to the insurance adjuster, you’re very likely to say something that they can use against you or use to weaken your claim.

  • How to avoid this pitfall: Reach out to a personal injury lawyer in Montgomery before you answer any calls from the insurance company. They’ll likely take over all communication for you.

Pitfall #3: Putting Off Medical Care

The aches and pains you experience after an injury warrant a checkup. A lot of people put off that initial checkup because they’re afraid of the cost of medical care or they’re certain their symptoms will go away. Unfortunately, every day you wait to seek medical care after an injury can harm your case. 

The longer you wait, the easier it is for the other party to point out that your injuries could have been caused by anything between your accident and subsequent injuries. The insurance company is already bending over backward to look for reasons to deny you compensation—don’t make it easier for them by waiting weeks or months to get checked out by a doctor.

  • How to avoid this pitfall: Make it a priority to go to the doctor as soon as possible after an injury. You don’t even necessarily have to go to the emergency room unless you are seriously injured enough to warrant it. You may want to get checked out at an urgent care clinic, walk-in clinic, or general practitioner’s office. From there, you can find out what type of care you need.

Pitfall #4: Waiting to Hire an Attorney

Too many people wait to hire an attorney until they have no other option. They try to save time by negotiating with the insurance company on their own, only to be disappointed by what they offer. When their negotiations go nowhere, then they talk to a lawyer. Of course, it’s better late than never—but at that point, they have already harmed their own case and put themselves in a bad negotiating position.

  • How to avoid this pitfall: Talk to an attorney as early in the process as possible. Don’t risk your claim by taking a DIY approach to it.

Fight for the Compensation You Deserve with McPhillips Shinbaum

When you’re owed compensation, turn to Aaron Luck and the team at McPhillips Shinbaum. Call us at 334-262-1911 or contact us online to set up a consultation with our team now.

Personal Injury Claim

What to Expect at Each Stage of a Personal Injury Claim

You’ve been injured because of another person’s negligence—what happens now? If you can prove the other party’s involvement in your accident and subsequent injuries, you may be able to recover compensation. This is good news for victims since injuries can lead to thousands of dollars in medical bills and other losses.

If you’ve never hired an attorney before, you may be overwhelmed at the prospect of pursuing a personal injury claim in Montgomery. However, the process is fairly straightforward, especially with the right guidance and support. Call McPhillips Shinbaum at 334-262-1911 to set up a consultation now.

Consultation and Case Evaluation

First, you’ll meet with a personal injury attorney in Montgomery. It’s important to find one whom you can trust and with whom you feel comfortable. Most personal injury lawyers offer free consultations, so don’t be afraid to meet with a second and third option if the first one doesn’t pan out. During your consultation, you’ll provide information on your accident and injuries. The attorney will ask relevant questions and determine the viability of your claim. If you have a viable case, you can choose to retain them to represent you.

Investigation

From there, your Montgomery attorney will begin their investigation. This involves gathering evidence, analyzing it, preserving it properly, and determining how to use it in building your case. Evidence may include photos, video footage, eyewitness statements, testimony from expert witnesses, medical reports, police reports, and surveillance camera footage.

Throughout this process, the attorney will communicate with the insurance companies involved to streamline the claims process. This allows you to limit your communication with other parties and focus on your recovery.

As your attorney investigates, they will figure out who is liable for your injuries and who is responsible for compensation. The evidence will come together in a cohesive case that proves your right to compensation and outlines the other party’s liability.

Negotiations With the Other Party

Once your attorney has determined liability and put your evidence together in a way that solidifies your need for compensation, they will begin preparing for negotiations. Many people think that all personal injury claims result in a lawsuit, but in fact, most cases are resolved in out-of-court negotiations.

Your attorney may start by sending a demand letter to the other party’s insurance company or legal representative. The letter outlines your claims and the compensation you’re requesting. This isn’t the final step; it’s just a way to open negotiations. It’s very rare for an insurance company to receive a demand letter and just pay up.

You should expect the insurance company to counteroffer what they believe to be a reasonable number. Negotiations often involve multiple rounds of counteroffers before both parties reach a point where they are both satisfied. Your attorney will likely have a number in mind that they want to reach.

Settling or Litigation

In most situations, negotiations result in a number that you and your attorney are happy with. When this happens, you sign a legal agreement that waives your right to sue them for any injuries or other issues resulting from the accident in question. In exchange, you receive a lump sum payment.

Some cases simply cannot be settled through negotiations. This may happen when the insurance company overestimates the strength of its case or refuses to go above a certain number during negotiations. If the number is too low for you to consider, your attorney may move forward with a lawsuit. This is a much longer process that involves discovery, pre-trial preparations, and numerous other steps.

Receiving Your Settlement

Upon settling, your money may go through a few more hands before it reaches you. If your insurance paid for anything, they will recover the money they spent. From there, your attorney’s fee and any other expenses will be paid. Finally, you receive your settlement.

Ready to Start Your Personal Injury Claim? Call McPhillips Shinbaum

This is your chance to fight for what you deserve after an injury. Don’t take on the burden of medical bills, lost wages, and other expenses alone. Set up a consultation with the Montgomery personal injury attorneys at McPhillips Shinbaum by reaching out online or calling us at 334-262-1911. 

Tractor Trailer

Woman Dies in Accident with Tractor Trailer

A woman has died after colliding with a semi. Lashunda Patrice Wells, 38, of Tuscaloosa, was driving on Interstate 65 near Hayden, Alabama, in Blount County on July 1st. For reasons not yet reported, Wells lost control of her 2005 Nissan Altima. The Altima struck a metal guard rail, bouncing back into traffic. When the car returned to the lanes of traffic, it was struck by a 2005 Peterbilt tractor trailer, as driven by Rick Griesbach, of Westborough, Wisconsin. The Altima then came to rest on the center concrete median. Wells was pronounced dead at the scene of the accident. Griesbach was uninjured.

Tractor-trailers and semi trucks can be highly lethal presences on roads and highways. While many professional truckers are experienced and skilled at what they do, there is simply more risk of harm involved should anything go wrong on the road either with or near a large truck. Tractor-trailers require almost 150% as long to come to a complete stop when traveling at highway speeds than would a passenger vehicle. Factors such as weather conditions can also come into play, as can any excessive wear-and-tear on the truck’s tires. Where a passenger vehicle may have been able to swerve around a car that quickly merged into traffic, tractor trailers bear a much greater risk of jackknifing or overturning, due to the weight of cargo in the trailer. Thus, attempting to avoid a hazard in the road could result in even more damage than simply colliding with the car or object immediately in front of a tractor trailer.

Accidents with tractor trailers or other large trucks can be highly destructive. Due to the number of components that can fail on a large truck, and the various parties that may be involved in maintaining, operating, and owning a tractor trailer, legal and factual issues involved in an accident with a tractor trailer can be convoluted and hard to keep straight. If you or a loved one have been injured in an accident with a semi truck or tractor trailer, seek experienced legal help to determine if you may be owed compensation for your injuries in the crash. Contact the skilled Montgomery, Alabama personal injury attorneys at McPhillips Shinbaum to discuss your options. Our truck accident attorneys are available to offer a free consultation on a possible claim for individuals based in and around Montgomery, including Coosada, Pike Road, Deatsville, Lapine, and Titus. Call 334-262-1911 today.

Help is Only a Heartbeat Away logo with McPhillips Shinbaum Attorneys

Why You Need a Personal Injury Lawyer If You Are Seriously Injured

Many people bristle at the idea of hiring a lawyer. “If I got hurt and the other person is at fault,” they reason, “why can’t I just tell the judge what happened?”  The answer is simple: A lawyer frames your case in the way that makes it most likely for you to receive a fair chance in court or full compensation in an insurance settlement agreement. And since most personal injury attorneys work on a contingency basis — they do not get paid unless you win monetary compensation — there is no need to be concerned about legal fees.

Some people count on their insurance agents to help them after a serious accident. What is sometimes not understood is that insurance companies are for-profit businesses. It’s in the best interests of the company to pay you as little compensation as possible. So in this case, your insurance company is not your friend.

In addition to empathizing with your situation and standing up for your rights, experienced Alabama personal injury lawyers work hard for you because you are in the case together. If you lose, they do not get paid for their work.

Attorneys offer seriously injured clients many services that are beneficial after an accident. They may:

  • Investigate and document your accident
  • Compile your medical bills, lost earnings and other expenses
  • Research your injuries to determine how your injury will affect your financial future
  • Communicate with all involved insurance companies
  • Create a settlement letter laying out your case to the insurance company and negotiating full and fair compensation based on all the facts of your case
  • If necessary, your attorney files a lawsuit against the those responsible for your injuries

For all these reasons, if you are seriously injured in an accident, do not hesitate to contact an Alabama personal injury law firm quickly.