Jim Desmond Law Office,PLLC

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(502) 694-1888

4965 US HWY 42, SUITE 1000, LOUISVILLE, KY 40222

Jim Desmond Law Office,PLLC

As long as I know we can get it paid for through health insurance or no-fault coverage, I always recommend that people get checked out at an Emergency Room after a car wreck. Very simply, you may not realize that you were injured. Moreover, it looks like you were not hurting after a car accident if you don’t seek medical treatment; at least, that is what the insurance company is going to think.

Is My Claim From The Car Wreck Too Small For You To Deal With Or Pursue?

No. No injury claim is too small to deal with. If you are not hurt, I am not going to tell you to seek treatment when you don’t need it. However, if you are hurting, I am going to suggest that you get medical treatment and pursue a personal injury claim against the at-fault party. After all, the law gives you no other option but to recover money damages for your pain and suffering claim.

I would prefer all of my clients have small personal injury claim and so that they would not be dealing with surgeries and broken bones. However, my primary concern as a personal injury lawyer is to make sure the claim is handled properly no matter what’s the value of the injury claim.

Do I have to Wait Until The Injury Claim, from the car wreck, Is Resolved To Have My Car Fixed?

When you get in a car wreck, you really have three claims right away. You have claims for: 1) the damage to your car and your loss of use of that car (i.e. a rental car); 2) your claim for your past and future medical bills and; 3) your claim for pain and suffering. We can address the damage to your car, and a possible rental car, immediately. To do so, we need to get a copy of the police report and confirm that the at-fault driver was responsible for the wreck and was properly insured as required by the law. However, once we do that, there is no reason the insurance carrier for the at-fault driver cannot pay for the damage to your vehicle, and put you in a rental car; assuming your car is not a total loss and before we ever even attempt to resolve the personal injury claim.

If The Other Driver Was At Fault, Why Do I Have To Use My Own Car Insurance?

The common misconception under the law is that the at-fault driver is responsible for all the damages they cause you, including your medical expenses. Unfortunately, that belief is entirely wrong. In Kentucky and Indiana, a driver can lawfully have as little as $25,000 per person in insurance. So if the at-fault driver sent you to the hospital with a $39,000 bill for surgery to your leg, you could be left responsible for $14,000 in medical expenses that came from a car wreck that was not your fault. So whether it is health insurance, no-fault insurance or med-pay coverage, we use your own car insurance to make sure you can get the medical treatment you need.

Also, you need to understand that the insurance company for the at-fault driver will not pay anything until they pay everything at once to settle the entire claim. In other words, they won’t pay for your physical therapy visits as you are receiving treatment because they don’t want to risk being responsible for a surgery that might come up six months after a car wreck. So to get you the treatment you need when you need it, we have to use your own no-fault or med-pay coverage. Also, in Kentucky for example, a driver does not have the right to recover the medical bills that should or can be paid by the no-fault carrier. The short version of that is that in exchange for the right to recover $10,000 of no-fault benefits for car wrecks in Kentucky, we give up the right to recover those medical bills from the at-fault carrier and it becomes the right of the no-fault carrier.

So according to Kentucky law, if I asked an insurance company to pay $7,500 towards my client pain and suffering while paying another $3,000 to cover his medical expenses that could have been paid under his no-fault coverage, they would say that they don’t owe the $3,000 and refuse to pay that amount. So if I did not use my client’s no-fault coverage, his personal injury settlement would be reduced by his outstanding medical bills meaning less money in his pocket in the long run.

Can I Actually Afford A Personal Injury Attorney?

First, my phone is all over the internet for a reason. I don’t mind giving legal advice, at no charge, if that will make sure your personal injury claim is properly handled. Second, I charge a percentage of what I recover so you don’t’ pay anything up front; and you don’t owe me anything unless we successfully settle or litigate your case. (And by the way, that percentage does not include the damage to your car or what it costs you to get a rental car. If we help you recover for the damage to your car that is just something we do as part of handling your personal injury claim.) Third, I have an unwritten policy about my attorney’s fee for personal injury claims that settle without lawsuits. In short, I promise my client’s that my attorney’s fee will never exceed their net settlement, i.e. the amount that they put in their pocket from this car wreck. Basically, this policy insures that the medical bills and my attorney’s fees will never eat up the majority of your personal injury settlement.

For more information on Going To Emergency Room After An Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (502) 694-1888 today.

Attorney James Desmond

Call Me On My Phone: (502) 694-1888