injury medical bills

Your Injury Claim, Compared to Millions of Other Similar Claims

Plaintiffs looking for a fair and reasonable settlement to their personal injury claim are often frustrated by low settlement offers and prolonged delays in the resolution of their matter. Many people who are injured feel they are treated unfairly by the at-fault party’s insurance company and cannot understand why they are being offered such low amounts of money to settle their case. This frustration is a popular sentiment among people hurt in car crashes, slip and fall cases, premises liability matters, and basically all personal injury situations in California. If you were injured and it was not your fault, a peek into the personal injury settlement process can help you understand why your case is being handled the way it is, and what you can do about it.

With so many drivers on California roads, insurance adjusters see thousands of claims cross their desks. Making your claim be more than a number is the key to getting your injuries reviewed fairly.

With so many drivers on California roads, insurance adjusters see thousands of claims cross their desks. Making your claim be more than a number is the key to getting your injuries reviewed fairly.

It’s Not You - It’s The Millions of Other Cases

If you’re lucky, you never get in a car crash. If you are in a car crash and are injured, however, you will likely have the unpleasant experience of trying to pay for your medical bills, additional transportation expenses, lost wages, and many other costs associated with an accident that was not your fault. Unfortunately, even though the law provides a way for you to have all these expenses paid for by the person or entity who caused your injury, the chances you’ll see a check arrive in your mailbox that covers everything are slim. The reason insurance companies tend to offer small amounts to settle claims is because they can. That is, the great majority of people who are trying to settle their injury case on their own do not know what to do with a bad offer, and they cannot negotiate a fair and reasonable settlement on their own because they don’t know the true value of their case. 

Consider for a moment that you were injured in a California car crash, say for example in Orange County or Los Angeles County. These counties are home to millions of people. Over the years, insurance companies have handled millions of cases in California and throughout the country, and your case is compared to other similar cases. How? Insurance companies keep big data that shows what the estimated value of a case is. For example, the type of car you drive, your zip code, your ethnicity - it all comes into play, whether insurance companies admit this or not (they deny this). The facts of your case, such as the amount of property damage involved, the amount of your medical care, the type of crash, and many other factors, are often plugged into an algorithm that produces a number. This number is the basis for the insurance adjuster’s starting negotiation point; many lawyers suspect that some insurance companies do not even review the photos or read the documents provided to them. They plug in the numbers and run the calculation, and from there they use a number to try to get you to settle your case. 

What To Do With a Bad Injury Settlement Offer?

Because insurance companies see millions of claims, there is a sense the plaintiff’s case is not reviewed in great detail in the majority of situations. Also, because insurance companies keep big data sets that show the settlement values of similar cases, and because most plaintiffs or claimants don’t hire a lawyer or personal injury law firm to represent them, the settlement values are often quite low. That is, when a lawyer is involved, the value rises, as a good lawyer knows what a case like yours will likely settle for. In this way, because your case is compared to millions of other cases, the great majority of which were settled by the individuals by themselves who often don’t know the true value of their case, you are being given a settlement number that is low. 

If you were hurt and want to know what the value of your case is, the best thing you can do is talk with an injury lawyer. A personal injury attorney who practices exclusively injury law in California will be able to compare your case to similar case values that involved an attorney. They will be able to consider up to date trends in the courts, and correspond with a community of personal injury plaintiff attorneys to “round table” your case and give you an evaluation of what is fair and reasonable in your matter.

Putting a Face to a Name

Insurance adjusters can decide to offer you $10,000 or $100,000, or any number for that matter, depending on their evaluation of your case. If your lifestyle was greatly affected, such as if you are a caretaker or a parent to young children, or you had to miss work due to your injuries, it is hard for an insurance adjuster to put a number on that. What is that worth? The reality is that if your loss is not represented by a bill, the value given to lifestyle changes and hardships is often zero. Even though your life is turned upside down and you’re bogged down with bills you don’t know how to pay, or you missed out on a special occasion, or you can’t perform your parental duties or participate in hobbies that you previously loved - none of this matters if you can’t put a number on it. A good lawyer will be able to argue persuasively that these changes to your life can only be compensated by paying you money for your loss. How much is this worth? Personal injury attorneys who handle lots of cases know how to argue for fair and reasonable settlement value. Or, if the insurance company refuses to acknowledge your loss, a good lawyer will bring your case before a court and persuade a jury that you should be paid for your losses.

Of course, nobody wants to go to court. The best scenario for you if you are hurt and want to be treated fairly by insurance is to have the insurance company take your claim seriously, or give it priority. When you are represented by an attorney, the insurance adjusters will often pay closer attention to your case. This is because they know their conduct is being monitored. Personal injury lawyers know that insurance agents and adjusters are regulated by the State of California insurance code. Most people know there are rules as to what insurance companies can and cannot do, but they don’t know what the rules are. Car crash attorneys who practice only personal injury matters know the rules that adjusters are supposed to adhere by; when the adjusters aren’t doing what they are supposed to, they know, and they can fight on your behalf to make sure your case gets a fair review. 

Making Your Case Stand Out From the Other Cases

At the end of the day, the difference between a fair settlement and an unfair settlement is the attention given to your matter by the insurance company, and the exposure they think the insurance company has in the future. That is, if you don’t accept their proposals, what will happen? Will you simply go away? Will you hire a lawyer who will fight them and require them to spend a lot of time and money on your case? Could the insurance company be liable for millions of dollars due to a court verdict that punishes the insurance company for its bad behavior or failure to adhere to the insurance code? The best way to stand out, in the opinion of many, is to seek the counsel of a lawyer or law firm that knows the true value of your case. Injury lawyers in California usually do not charge for an initial consultation, and the advise you can get in that time could be the difference between something fair and something that is pennies on the dollar for your claim. 

How to Choose an Injury Attorney

Before you sign a contract with an attorney, consider that your attorney will be an individual or office that you may communicate with on and off for several months, or several years, depending on the nature of your injury. Are you talking to a lawyer, or a salesman? Is the person you’ve been dealing with the same individual you’ll be talking to in the future? Is the law firm you’re considering a firm that focuses on only injury cases, or are they a jack of all trades, do-it all firm? If they claim to do all types of cases, what are they chances they have the experience and up to date knowledge of personal injury case values throughout California? Most lawyers would agree that the best thing would be to speak with an attorney who is willing to discuss your case, give you a fair evaluation, and can tell you who the attorney that will be handling your matter in the future is. 

 

Treatment for a Car Accident Injury: How Long Can You Treat?

One of the most frequent and important questions regarding treatment for an injury stemming from a car accident is how long you can treat and expect that the at-fault driver's insurance company will pay for your treatment. Some injuries, such as a broken bone, may be fairly predictable, while other car crash injuries may take significantly longer to mend.

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Big Picture: Treat Until You're Healed

The law basically says that if you were injured and it was not your fault, it is the other party's responsibility to make you whole again. This has been interpreted to mean that you should essentially be put back in the same position you were before the car crash. One way insurance companies avoid paying medical claims from car crashes is by saying that your injuries were "preexisting conditions," or in other words, you already had the ailment or were hurt in that area of your body before the car crash. If that is true, the insurance company (who steps in for the actual driver who caused the crash), does not have to pay for your medical bills relating to a preexisting condition. But what if you were injured in an area of your body that was already painful or hurt, and now it is worse?

Aggravation of Preexisting Conditions

Nobody is perfectly healthy, and the older we get, the more ailments we tend to have. For example, it is common for older people to have back pain. So if you have back pain before a car accident, does that mean that you can't receive medical treatment for the pain if it is now worse than it was before your car accident? California courts have taken the approach of looking at what is fair and reasonable, and consider whether the treatment received is medically necessary. Thus, if you had a bad back before the crash, but it has gotten worse, you should be able to seek treatment. After all, the increase in pain cannot be attributed to you being older, but directly relates to the car crash. Thus, California residents (and this is the same for those living in Southern California as in Northern California) should consider getting medical help and treatment for the aggravation and exacerbation of prior injuries if it is reasonable and medically necessary.

Examples of Treating Prior Medical Conditions

Consider that some people are involved in multiple car crashes. After all, California roads are among some of the busiest in the country, and some of our cities, like Los Angeles, Orange County metro area, like Irvine and Costa Mesa, see millions of drivers every week on their thoroughfares. Thus, some people experience a car wreck more than once. What if a person is injured, received medical treatment and is feeling better, and then gets in another car accident that is not his or her fault, but is injured in the same way again?

If the injury is in the neck and back, the individual will likely follow this type of treatment: a visit to a doctor, which may include going to the emergency room or an urgent care, but often is simply a visit to your primary care physician; then, perhaps they have an x-ray taken, or an MRI, in order to find out the extent and severity of the injury; next, they may go to a chiropractor or pain management doctor and try to heal their injuries through therapy; finally, if necessary, the individual may have a surgical procedure, such as a fusion surgery, or receive a stem cell injection, or an epidural injection. There tends to be a chronology of care that increases in seriousness as the treatment continues. Nobody wants to have an epidural injection, or have an invasive procedure like surgery on their back. However, if the pain a person feels continues, they may elect these procedures.

How do Insurance Policy Limits Play In?

The more treatment an injured person receives, the more expensive it will be. The more intensive the treatment, such as surgery or injection of an epidural or stem cells, the more costly the care is. But what happens if there is not enough money in the at-fault driver's insurance policy? The basic answer is that the at-fault driver's insurance company can rarely be made to pay you more than what their insured's policy limits are. Thus, if the individual who caused the crash was insured for only $15,000, at the end of the day, that is likely the most the insurance company will pay for your medical bills. Of course, if there is a bigger insurance policy, and your injury requires more costly medical care to recover from, then the insurance company will be made to pay more to make you whole again.

It does not seem fair that the same injury can settle for different sums of money, but consider a situation in which two people have the same injuries, but one was injured by someone with a million dollar insurance policy, and the other person was injured by someone with a $15,000 "minimal" policy (in California, to legally drive on California roads, $15,000 is the minimum amount of liability coverage individuals need to be insured for). Now, consider that the two people both need a surgery that costs $50,000. The individual who was hit by someone with a million dollar policy will be able to get the surgery and can reasonably predict the insurance company will eventually be made to foot the bill. The individual hit by the driver with the minimal insurance policy may elect to get the surgery, but how will they pay for it? If the insurance company pays the $15,000, what happens to the remaining $35,000 of the bill? And what about pain and suffering, lost wages, and future medical treatment?

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How an Injury Attorney Can Help

Most people don't know how to proceed in a situation such as the example shown above - even finding out how much the at-fault driver is insured for can be a great challenge to people who are not represented by an injury lawyer. The good news is that injury law firms usually work on a contingency fee basis, meaning whatever money they are paid comes out of what they win. For example, most injury lawyers will pay all the costs on a case up front, and won't get pain anything until they win your case, so you're never left writing a check to your lawyer, not knowing whether you'll actually win in the end or not.

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An injury attorney can help you compare your situation to other cases, and can help advise regarding policy limits, jurisdictional issues (a case in San Francisco may play out differently in court than it would in Los Angeles County, or Orange County), and other questions you might have. Regarding how long you should treat, a good injury lawyer will be able to get into the details about your prior injuries or ailments, and will help you understand the process of how injury cases are handled, including what the general value of your case may be, and whether or not your case is one that will likely go to trial or not. 

Ask More Questions

The more you understand how the injury claims process works in California, the better position you will be in to make wise and educated decisions. If you're like most people, this is new territory. Fortunately, injury lawyers and most injury law firms have seen hundreds and sometimes thousands of cases, and their attorneys can compare your case with the outcome of similar cases. Without knowing how similar cases worked out in the past, you will have a hard time making educated decisions regarding your treatment. For this reasons, many people find it helpful to discuss their injury with a car crash lawyer, even if they don't decide to hire the lawyer. The more you know, the better you'll be in the long run, and that is never more true than when it comes to treating your car accident injury.

 

 

How Does Lien-Based Medical Treatment Work?

Receiving proper medical treatment after an injury is critical to your physical recovery. If you don't get the right care, the chances that your injury will persist for many months and years is significantly higher. However, with the right treatment after a bad car crash or other type of injury, your chances of a full recovery are much better. But what about the cost of getting the "right" care? Most people don't have the cash or credit to get all the treatment they need, and this applies to people with good health insurance, too. 

Some of the best medical facilities in California accept injury liens.

Some of the best medical facilities in California accept injury liens.

Lien-Based Treatment

Doctors area able to treat you and get paid later - obviously the doctor that treats you and gets a check from your health insurance has to wait a few weeks to get paid. This is one approach to the business of healthcare. Some doctors are willing to provide treatment with the expectation that they will be paid after an injury case settles. The idea is that if you were injured by someone else and there's a lawyer involved who is handling the case and expects to win, the insurance company will eventually be paying on the case. In this situation, the patient signs a lien, meaning that when the case settles, the doctor gets paid before the patient does. For example, if you are injured in a car accident and receive lien-based medical treatment, the sequence goes like this: treatment is received by you, with no out of pocket costs. Then, after your attorney wins the case, or reaches a settlement with the insurance company of the at-fault driver, the money goes into a trust account at the law firm's bank. From there, the attorney must first pay the doctor who has a lien - this contract/lien is in the attorney's file. In this way, the patient is able to get the right medical treatment, and the doctor's office is paid for its services.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Proper diagnosis matters: It isn't enough to just say you were hurt, or that your life has changed. You need the right doctor with the right training to help you reach a full recovery.

Why Might Lien-Based Treatment Be Good for Injured Patients?

Big HMOs can be difficult to schedule appointments with, especially if your treatment requires many follow-up visits, or a consultation with a specialist. We've all had the experience of waiting for a referral to a specialist and being told that so-and-so doesn't have an open appointment for a few weeks. Well, if you need to see an orthopedic surgeon or neurosurgeon today, but you can't get in for a month, your health lays in the balance during that time. Also, the quality of care can be better with doctors who treat on a lien. Many lien-based medical offices, or doctors offices who accept traditional health insurance, as well as cash payments and lien based payments, are privately owned. These doctors are often highly specialized, meaning they are able to sustain their own businesses without the need to be part of a big HMO system or hospital. 

Because the offices tend to be privately owned, the doctors have more say in who they decide to treat, and who they decide they don't want to treat. This means they can control their schedules better, meaning your chances of getting in for an appointment are better. The payment system is also a big issue for a lot of people injured in car accidents, auto versus pedestrian injuries, and slip and fall injuries. Again, because many people don't just have thousands of dollars set aside in their bank account just in case they are injured in a car accident, most people are not ready for what can be expensive medical care after an accident.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

Access to the proper specialists without having to wait months for an appointment is one reason many injured people decide to seek lien-based treatment.

How Does Lien Treatment Affect Your Injury Case?

The bottom line is that if you don't get proper medical treatment for your injuries, you can't expect the insurance company to take your word for it and trust you were injured. No medical treatment means no settlement money to compensate you for your loss. For example, if you were injured in a car accident, but due to financial constraints or scheduling conflicts you weren't able to get the medical care you needed, you can't just expect the at-fault driver's insurance company to take a compassionate route and pay you the same amount for your injury as if you went to the doctor. Thus, even with very bad injuries, without the documentation and proper treatment from a doctor, the insurance company will not pay fair money on your claim.

But what is "fair" money anyways? Well, consider a scenario in which two people have identical injuries from the same crash. One person goes to the doctor, sees the specialists he/she is referred to, and reaches a full recovery after a few months. The doctor's notes document the patient's injury step-by-step, from the first visit until the last. Perhaps this person's case settles for $50,000. Now consider the second person does not go to the doctor, although they have the exact same injuries. This person has nothing to "prove" he/she was injured. They may not get any settlement at all. If they do get a settlement, it will likely be around a couple hundred of dollars, known as "nuisance money." If the second person gets $500, that's a difference of $49,500! The difference is the first person sought appropriate and reasonable medical care, and their injuries are documented by a medical professional. Although the second person had identical injuries, they basically walk away with nothing. 

How Can You Find Lien-Based Treatment?

If you got hurt in a car accident, or got hit on your bicycle, or was injured and it was not your fault, you're likely going to need to see a primary care physician, or other general medical practitioner. This may be at the emergency room, or at urgent care, or at your primary care physician's office. The office may refer you to future treatment, and you can ask if they know of offices for the treatment you require who will accept lien-based care. Also, most personal injury law firms are aware of medical facilities that are willing to treat on a lien. A good injury lawyer will have handled lots of injury cases, and so he or she will have worked on files and made payments on past cases to medical offices and doctors who accept lien-based care.

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

Many top surgeons accept liens. This is one reason some injured clients decide to have their surgeries performed at a private medical clinic rather than at an HMO

What Kind of Treatment Can You Get on a Lien?

Name a kind of medical office or specialty and you can find an office that treats on a lien. In California, there are surgeons, chiropractors, MRI facilities, physical therapy offices, holistic medicine, orthopedic surgeons, pain management, podiatrists - the list is basically endless. This is not to say that every office accepts lien-based care, or even the majority. While lien-based treatment is increasingly popular, the majority of medical offices may not be comfortable with this arrangement. However, if a medical office has provided treatment and then gotten paid promptly by a good injury attorney, they are very likely to accept lien-based treatment. For this reason, a medical office may want to know the name of your attorney and the firm he or she works for. If your attorney is a general attorney who does a bit of everything, but does not focus on personal injury exclusively, it is less likely that the medical office will be willing to treat you on a lien. But, if you are represented by a law firm that focuses its entire practice on injury law, the chances that that medical office will be willing to treat you up front at no cost are much higher.

Get an Attorney With a Good Reputation

Because doctors want to work with attorneys who they know will win the case and pay the doctor's bill, it is important that you seek an attorney who has a lot of experience handling personal injury cases. Consider that with the aid of modern technology, the best attorney for handling your injury claim may not be in your town or even your county! Most law firms these days are able to do a lot of work using email, faxes, and video-chat, such that someone located in San Bernardino, for example, might be best off going with a law firm represented in Orange County or Los Angeles County. At the end of the day, you want an attorney who knows injury law backwards and forwards - the chances that you will find an attorney with that kind of experience just by happenstance that is located in your city or town may not be high. Most attorneys in California will agree that the best thing you can do is find an attorney who focuses on one type of case, and has room in his or her schedule to give your case the attention it deserves.

Still Have Questions?

The Lions Injury Lawyers, P.C. focus entirely on personal injury matters. They don't handle any other types of cases but injury claims. They accept car accident cases, auto versus pedestrian (including auto versus bicycle and skateboard), slip and fall, general negligence, products liability, failure to warn, and premises liability. The Lions are not a settlement mill - they won't just settle your case for pennies on the dollar in order to be able to handle more cases. All cases handled by The Lions are handled by an actual attorney. If you have questions about your case, including whether it is worth it to get an attorney, or whether in the end you'll get more money in your pocket by representing yourself or going with a lawyer, you should talk to a lawyer. Call The Lions and talk to a lawyer, not a salesman.  

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.

Back to where you were before the injury - that's what the law says you're entitled to after you're hurt by someone else's negligence.

"You Don't Need an Attorney for Your Car Crash Injury Claim"

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For personal injury attorneys in California who practice exclusively injury law, it is only a matter of time before they take a case where the client was told at one point by someone at an insurance company that they didn't need an attorney to help them. The longer injury lawyers practice, the more frequent this story becomes. Clients are told shortly after their car accident by the other driver's insurance company that they "don't need a lawyer for this kind of claim." Because this advice has drastic consequences, a brief look as to why an employee of an insurance company, especially an injury claim adjuster, would say this is worth looking into.

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What Do Insurance Adjusters Do?

Insurance adjusters evaluate claims and, if necessary, offer money to settle the claim. What does "settlement" entail? It basically means that in exchange for money, the claimant will not sue the insurance company's insured in a court of law. This all happens before any lawsuit is filed against the person who caused a crash. Insurance adjusters are therefore middlemen that are supposed to protect the interests of their insured. The more claims an adjuster can settle or close, the better they are at their job in the eyes of their bosses, and they are often compensated accordingly. In short, if an insurance adjuster can get you to settle your claim, they win, and personally it is good for their careers.

What Exactly Does "Evaluate Claims" Mean?

Insurance adjusters evaluate claims. Basically this means they investigate what the claimant is saying in comparison to what their insured says. However, their evaluation is not objective, whereas a jury evaluation of a case is supposed to be objective. If the insurance adjuster's client/insured says they didn't cause the accident, the insurance adjuster will stick by their client, regardless of what the facts say. This means they can deny your claim, even though there's a lot of evidence to show that their guy is at fault. So even though they are tasked with evaluating the claim and trying to get the claimant to go away, their view favors the interests of their company.

Why Don't Adjusters Want Me to Speak With an Attorney?

First, remember that insurance adjusters are expected to move files off their desks. The quicker they can get rid of your file, the sooner they can move on to the next file, and so on. The involvement of an attorney does not necessarily mean your claim will go unsettled longer, but it most certainly means that when your claim settles, it will be for more money. Injury attorneys specialize in getting their clients money, plain and simple. The money comes from the at fault party's insurance company. In short, if an attorney is involved, the insurance company is going to have to pay more money to make the claim go away. This is bad for the individual insurance adjuster's performance metrics.

Insurance adjusters also handle so many car crash cases that they become accustomed to getting their way with plaintiffs who are not represented by an injury lawyer. They get used to having the upper hand in the negotiation, and they are used to getting their way. They also know that the tables turn when an injury law firm is involved, as an experienced injury lawyer will know far more about the law, case results, and how the courts actually work.

The Insurance Company says ________________. Is this true?

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Insurance adjusters are not bad people, but they do have often have a narrow perspective as to how an injury case might play out if an attorney is involved. Again, they settle so many cases for pennies on the dollar that they don't realize a case they settle for $500 may be worth $15,000 or $50,000 if an attorney is involved. They view themselves at injury authorities, even though they are not trained in the law, and don't know what happens to cases that they don't settle that end up in litigation and going to trial. Insurance adjusters therefore often try to coach claimants as to how the process works, even though their approach is heavily favorable to the insurance company's bottom line, and geared towards low settlement.

"My Adjuster is Very Friendly. I Don't Want to Cause Problems for Anyone."

Friendliness is a proven negotiating tactic that is taught to insurance adjusters in most insurance companies. Hint: if you've seen a commercial on television for an insurance company, you can rest assured the adjusters for those companies have all been trained how to present themselves in a friendly manner during negotiations with claimants. Also, remember that none of this is personal. You will never meet the insurance adjuster, and even in the event that your case requires a lawsuit be filed, you will probably never see the individual who injured you again. The insurance policy is there to protect you in the event of injury, and so when you are injured by someone else's careless or reckless driving, the law has provided a way for you to recover, physically and financially. 

If you pursue your claim, it is extremely unlikely that the actual individual who hit you will know or care how much their insurance company settles for. For example, an auto insurance policy for $50,000 covers your injuries up to that amount. Whether you settle for $500 or $50,000, it does not affect the person who injured you personally, as the money comes from the insurance agency. This is why we pay insurance premiums. Every month, every California driver pays money to be insured. In return, if they cause an accident and hurt someone, that money is used to protect the negligent person. Thus, your efforts to get a fair settlement and have your medical bills and pain and suffering paid for have nothing to do with the individual who hit you, but become the responsibility of the insurance company to resolve.

Isn't All This Overly Skeptical of Insurance Companies?

The more injury claims an attorney sees, the more aware he or she is of the many ways in which insurance adjusters are able to convince injured people to do things that will ultimately result in the claimant receiving less money. Insurance companies are insanely profitable, as evidenced by their high profile advertising campaigns, the stadiums their brands are on, and their pervasive presence in advertising culture. Insurance companies spend billions of dollars every year in advertising, and in return, they earn billions of dollars in profits. If you are injured and want to get your medical bills paid for, that is why the insurance policy exists, and why California law requires drivers to have insurance. Insurance companies employ good people, and are not necessarily corrupt, but they do have a bias, and that is to settle all claims for as little money as possible, as this is how they stay profitable.

If You Are Injured

California law provides for full recovery if you were injured, meaning you should be in the same position you were after the car accident or other injury-causing accident as you were before the accident. If your injury is long-lasting, catastrophic, or permanent, this may not be possible. Still, the law makes sure the negligent/at fault person is responsible for making you whole, so if you can't be put back together, you are owed money for pain and suffering. The Lions Injury Lawyers are passionate about getting fair value for injury claims. They fight endlessly to recover as much money as possible for their clients, which will cover all medical expenses and also include money for pain and suffering, lost wages from time off work, and money for other incidental and inconvenient or painful lifestyle changes. The Lions Injury Lawyers spend 100% of their time practicing injury law, and are exclusively dedicated to personal injury clients. Speak with an actual injury attorney today to make sure you're not being taken advantage of as you seek to settle your claim.

Motorcycle Crashes: How to Avoid, What to do After

Motorcycle accidents can leave riders with catastrophic injuries, and as the hobby continues to be popular throughout the United States and especially in California, better education to both riders and car drivers alike can only help to heighten everyone's awareness and hopefully prevent future crashes. After all, there are an estimated 8.6 million motorcycles on the roads, and if you drive a car or truck on California roads, you are guaranteed to be driving alongside motorcyclists eventually. Despite the inherent risk, California is a wonderful place to ride, and the state is home to some of America's most picturesque roads. For both motorcycle riders and car drivers alike, better education can prevent crashes.

California is home to some of the best motorcycle rides in America

California is home to some of the best motorcycle rides in America

Pay Attention at Intersections

Nearly half of all motorcycle-vehicle collisions happen at an intersection. Thus, when approaching an intersection on your motorcycle or in your car, you should be aware and alert that this is where many crashes happen. Vehicles make bad turns - too wide, too soon or out of turn, illegal u-turns, you name it, they happen at intersections. Sometimes the buildings at intersections in commercial areas are distracting, and there can be a lot happening at any given moment, leading to distraction. Every driver passes through intersections regularly, so it's a good habit to develop to pay particular attention to your surroundings at intersections. Remember, even if you're doing everything by the book, that doesn't mean the drivers around you are. For your own protection and safety, paying close attention to traffic in intersections can help you avoid a crash.

Intersections in California can be particularly distracting, as lane-splitting is now legal in the state, meaning when you're stopped, you may have a motorcycle approach you and pass you in-between lanes. Motorists should by now be aware that this technique is legal, but many drivers become frustrated and angry, sometimes creating a dangerous situation for both themselves and the motorcyclist. 

Helmets Save Lives

California requires motorcyclists to wear helmets, and the requirement saves lives. Based on extensive studies by the National Highway Traffic Safety Administration (NHTSA), helmets are more than 67 percent more effective at preventing brain injuries than those not wearing a helmet, and helmets are approximately 37 percent more effective at preventing death. California has required riders to wear helmets for some time now, and the effect has undoubtedly been many lives saved. Some motorcycle riders from out of state are unfamiliar with the requirement; failure to wear an appropriate helmet can result in a ticket, regardless of whether you were aware of the requirement or not. The State of California has a free motorcycle safety and laws handbook, which is available for download, and is also available at all California DMV locations. The contents of this handbook are valuable for all riders, both those who live in California and those who do not. 

Don't risk the "coolness" factor of riding without a helmet. A helmet can save your life!

Don't risk the "coolness" factor of riding without a helmet. A helmet can save your life!

Motorcycles Are More Dangerous Than Cars

More people die in car accidents every year than in motorcycle accidents, but that's because there are more cares on the road than motorcycles. In fact, motorcycles are an estimated 27 times deadlier than cars in the United States, based on federal government comparisons of death per mil traveled. Part of the reasons for so many deaths related to motorcycle accidents is that motorcycles do not provide protection to the rider, so when there is a collision between a car and a motorcycle, the rider's body takes the impact, whereas a car's doors and frame take the impact in a car accident.

Also, a motorcycle rider can easily fall off his or her bike after impact with another vehicle, so even a seemingly minor collision can put a rider onto the roadway; depending on how fast he or she was moving at the time of collision, a motorcyclist can die as a result of a minor impact, after losing control of the bike and falling into the roadway at a high rate of speed. 

What to Do After a Motorcycle Crash

First, regardless of what happened, who caused the crash, and many other important questions, you must take care of your health. Seek proper medical treatment, even if you're worried about your ability to pay for the resulting medical bills. Many people involved in car crashes decline to go to the hospital or see their doctor based on financial pressure; while understandable, this decision can have devastating consequences in the long run. If you weren't at fault for the crash, a good injury lawyer will likely be able to recover the costs of your medical care, so you won't be stuck with high bills in the end. Reasonable medical attention should be sought when your injuries require an expert's opinion. Sometimes this is obvious, such as with fractures and lacerations. Other times, such as whiplash and neck and back pain, people decide not to go to a doctor, but they may be setting themselves up for many months or even years of pain that could otherwise be treated by a competent doctor.

Document Everything

If you were injured, you will eventually be making a claim to the other party's insurance company. Any money you are paid will likely come from their insurance, but first you will need to prove everything, including that you were actually injured, the cost of your medical treatment, and any other expenses for which you are seeking compensation. Don't expect the insurance company to take your word for it, or to show much sympathy. Their job is to pay as little money as possible to resolve your claim. Expect the insurance adjuster to reduce your medical bills, meaning they will offer to pay a portion of the bill, but not the bill in its entirety. Again, a good injury lawyer will make sure this doesn't happen, but it is to be expected if you try to settle your claim alone. Of course, because motorcycle accidents can result in serious injury, the medical treatment required can sometimes be very expensive. Before undergoing very expensive procedures, you may want to discuss your claim with a personal injury lawyer, as the phone call may give you some insight into how the procedure will affect your case, and whether the bill is likely to be paid by the at-fault driver's insurance company or not.

Consult With a Personal Injury Lawyer

You may decide not to hire a lawyer in the end, but the information you will learn by talking with an injury attorney can be invaluable. The Lions Injury Lawyers, P.C. represent motorcycle riders throughout California for all types of injury claims, including lane-splitting crashes, debris on the roadway crashes, motorcycle versus auto crashes, and most other motorcycle-related claims. At the very least, a telephone call with a knowledgable attorney will give you a better understanding of how your claim will be processed, the timeline of claim processing, and even the approximate value of your case. The Lions Injury Lawyers strive to help their clients return to full health, and return to financial stability. If it wasn't your fault, you should not have to pay for medical bills, and you should be paid for the pain and suffering you've endured. Call the Lions Injury Lawyers today for a free consultation with a personal injury lawyers.

California is home to many motorcycle enthusiasts, and for good reason. California roads can be the perfect terrain to ride your motorcycle.

California is home to many motorcycle enthusiasts, and for good reason. California roads can be the perfect terrain to ride your motorcycle.

Car Accident Injuries & Medical Bills: What Insurance Will (and will not) Pay

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The range of injuries that result from car accidents varies greatly, from minor scuffs and bruises, to catastrophic injuries that require extensive hospitalization, surgery, and other intense medical treatment. If you were injured in a car accident in California, the laws essentially state that you are entitled to be made whole again, or to receive the medical care necessary to bring you back to the same state of health you were in prior to the car crash. The person who hit you is responsible for paying these medical bills, in general, but there are many "loopholes" that make getting full payment of your medical bills paid for difficult or impossible. 

How Does Insurance Evaluate Medical Care?

An injured person is expected to pursue reasonable medical treatment to care for their pains and ailments. What is reasonable? The answer to that question is, of course, subjective and it depends on who you ask. Generally speaking, medical care is considered reasonable by insurance adjusters if it happens at an appropriate time in relation to the car accident, the number of visits are within a normal range, and the cost of the care is within what insurance companies define as "industry standard." Some insurance companies are more strict than others when defining a price point for industry standard, which means they will not pay for treatment over a certain dollar point, regardless of where you live or how soon after your car accident you sought medical treatment. This situation leads many injured people to seek the advice of an injury attorney, even just to review their case and get advice on how to move forward.

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The Cost of Medical Treatment

Some insurance companies look to what Medicare accepts as "normal" pricing for a medical treatment or procedure. Obviously this is the lowest number possible for any given medical care, and the average car accident victim is unlikely to receive any medical treatment at the Medicare price. Does this mean you have to shop around endlessly to find the absolute cheapest medical care to treat your injuries? No. It may mean you'll benefit from the representation of a lawyer who practices car accident law, or an injury law firm that can assist you in finding access to medical care that will get you on your way towards full health. A good lawyer will fight to make sure you get your medical bills paid for and also compensation for pain and suffering.

Sequence Matters in Medical Treatment

Another way in which medical bills are slashed or denied by insurance companies is by the insurance adjuster claiming there was a "gap in treatment," or improper sequencing of care. This means that if you are hurt, you need to get help right away, and then follow the advice of your doctor. If you're injured, you need to first see a qualified doctor, and then follow the regimine the doctor prescribes you until you are better. If you take long breaks in-between treatment, you may find it difficult or impossible to get your bills paid for due to gaps in treatment. Similarly, if you know you require surgery, for example, you can't just delay getting the surgery for months and years. At some point, and it varies case by case, the insurance company will say the surgery is not related to the initial accident, and they will deny liability to pay for the operation. Sequence matters. This means you should seek the opinion of someone able to give an assessment of your injuries or ailments, like the kind of doctor visit you might get at an emergency room, at an urgent care, or through your primary care doctor. Then, you're expected to follow the advice of the doctor. For example, if the doctor says you need 25 visits of chiropractic care, you will be expected to go to a chiropractor and receive that amount of care.

Chiropractic care can be especially tricky when seeking payment for your medical bills from the insurance company of the individual liable for the accident and your injuries. Most insurance companies will balk at paying for more than 25 visits, unless specifically prescribed by a doctor not affiliated with the chiropractor's office. After 25 visits, if you are still injured, you'll be expected to seek additional treatment, something more advanced, such as an MRI, or a visit with a pain management office, or a specialist that deals with the body part(s) you've suffered injury in. 

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Don't Accept Pennies on the Dollar for your Bills

Some people injured in a car crash or other injury that was not their fault feel helpless when the insurance adjuster offers them a couple hundred dollars to pay for large bills. Feeling helpless, they don't know what to do and accept the money, thinking something is better than nothing. This plays perfectly into the insurance companies' strategy: if you offer ten people a very small settlement, at least seven or eight of those people will either go away, or eventually accept it. Dollar for dollar, this is their best bet, and they save the most money by doing this. What the seven or eight people who accept this offer do not know is that if they're offered $500, there is likely at least a couple thousand dollars available to pay for their bills, but they don't know how to get it.

Getting to a "Fair and Reasonable" Settlement for Your Injury

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If you weren't at fault, but you were injured, you deserve compensation to pay for your bills and for your pain and suffering. While the law says you deserve this, and there are tens of thousands of cases where this happens, most people don't know how to go about getting this money, and without the assistance of an experience and trusted injury law firm, you're very unlikely to get the money you deserve for your injury. Experience matters in injury law, and the representation of a good lawyer will, in almost every case, mean the injured person walks away with more money in their pocket and their medical bills paid for, than if they try to negotiate on their own. This has nothing to do with how smart the injured person is or how good a negotiator he or she is. If you don't know what your case is worth, or how the insurance company reviews your file and comes up with a price tag, you will not be able to get to their top offer. Of course, you can threaten to sue, but insurance companies are well represented by good defense law firms, so they are not intimidated by threats of lawsuits from individuals saying they'll go it alone and file the lawsuit. An injury law firm, on the other hand, will not only file a lawsuit on the injured person's behalf, but they'll go about it the right way and will very likely increase the cost of your claim by a lot of money: a lawsuit from a plaintiff represented by a good injury lawyer will get the attention of any insurance company or insurance adjuster.

The Lions Injury Lawyers, P.C. represents injured clients throughout California. Based in Orange County, CA, The Lions practice only injury law, meaning they focus 100% of their time, energy and effort on winning money for injured people throughout California. No matter if you live in San Diego County, Orange County, Los Angeles County - or somewhere else in California, The Lions will vigorously fight for you and your case. You won't talk to a salesman if you call for a free consultation - you'll discuss your case with an actual attorney, a lawyer who may eventually represent you and help you recover from your injury. Lawyers are ready to discuss your case today, or simply answer your questions.