This article was written by Aaron Navarro, a NYC divorce lawyer.
The first and most important step you should take after an accident is to recover from your physical injuries. The state laws dictate that after an accident the injured victims should first mitigate their damages. This means that you should take all necessary steps to recover from your injuries and improve your physical condition.
Procedures You Should Follow to Heal Quickly
• Attend all the physical therapies as prescribed by your doctor.
• Do not miss any appointments with your doctor.
• Follow your doctor’s advice regarding leisure and work.
How will you pay your medical bills?
Your personal injury attorney will discuss with you some of the options you have to help you pay your medical bills. However, some of the options that your lawyer will discuss with you in detail include;
• Your health insurance policy that you have paid for.
• The liability insurance of the other person who caused your physical injuries.
• Out of pocket funds in case you don’t have an insurance policy and you can pay the medical bills.
• An automobile insurance cover if you were driving during the time you were involved in an accident.
• Use your employers’ employee benefits insurance package.
• Worker’s compensation insurance in case you were injured while working.
• Medical insurance cover of the owner of the vehicle you were riding in.
• Your spouse’ or parents’ health insurance.
The nature of your case will determine which option you will choose to pay for your treatment bills. However, if there is no insurance cover, your doctor will allow you to pay at a later date after you have been compensated.
Will all Physicians Wait For Payment if you are Unable to Pay Your Medical Bills?
In several personal injury cases that don’t have any direct method of paying medical bills, many hospitals, medical doctors, and medical facilities can wait for their payment until your case is finally solved through settlement or after the court makes its verdict. Therefore, it is necessary to inform your physician early in case you don’t have an insurance cover or any financial means to pay for your treatment.
How Your Lawyer will Ensure that your Doctors Get Compensated
Most personal injury attorneys around the country have a policy of withholding some money after a court verdict or settlement to pay for medical facilities and doctors. Your doctor will require that you sign a lien or subrogation form that allows your personal injury lawyer to reserve some of the money you get after a settlement to pay for your medical bills.
What Will Happen if You Lose Your Case and You are Not Compensated? Will You Still Owe Money to Your Attorney and Doctors?
In case you lose your case, you will most likely not owe your attorney any money because most personal injury attorneys accept a contingency mode of payment. However, you will still have to pay the medical bills and other dispositions like witness fees. The judge will make a verdict against you meaning that you will have to pay for all expenses incurred. The defendant also has the right to use any means to recover money from you. In some cases, you may also be required to pay the lawyer’s fees for the defendant.
What Can You do After You Lose Your Case?
Your lawyer can follow a procedure that allows for a new trial before filing for an appeal. However, it is not always granted. Your attorney can also request for a new trial just to preserve your appeal rights. In the new trial, your lawyer will give the judge in charge of your case all the opportunities to correct any errors before an appeal.
Just because you are unhappy with the jury’s verdict is not enough to request a new trial. The jury weighs the credibility of the evidence presented and witnesses before they make a verdict. This means that even if you have three doctors as witnesses and the defendant has one witness doctor who says that the injuries aren’t accident related, the jury can choose to listen to that one doctor over the three. For you to have a fair trial and get compensated, you should have obvious and severe evidence for you to be granted the chance for a new trial.
In some situations, things cannot always go your way. Therefore, in case the jurors have made a verdict that doesn’t favor you, don’t rush to sue your attorney for malpractice. Keep in mind that he or she has also lost money and time. It is most likely that you didn’t win if you didn’t accept your attorney’s prior advice. Cool off before you analyze your case and meet up with your lawyer to discuss some of the options that you have. Remember that you will need your personal injury attorney in case you still stand a chance of reversing your fortunes.
According to Edmond El Dabe, a Los Angeles personal injury attorney – the decision of hiring an attorney can be one of the most important decisions you make. When you lose your case, it can mean the end to your chances of getting compensation. As a result – it’s important you hire the right one, from the start.