Slip and fall injuries are among the most common types of personal injuries, with more than a million people visiting the emergency room because of a slip and fall accident. In many instances, these situations can be minor and non-injury related events. However, for many other people, these situations can cause permanent injuries. These injuries can be very expensive, especially if your slip and fall claim is denied by an insurance provider and you have to front the cost of your medical bills on your own without assistance or resources. It’s estimated that the average cost of a hospital visit for slip and fall injuries ranges from $30,000 - $40,000.
When you slip and fall on someone else’s property as a result of their negligence, you could be entitled to compensation. However, despite how common these accidents are, suffering slip and fall injuries on another person’s property is no guarantee of compensation – an injury attorney still needs to prove liability in the case and these situations can involve complex legal theories and arguments about the fault of a homeowner or business.
Should you experience a slip-and-fall accident, we have your back. As Colorado personal injury lawyers, we know what it takes to get our clients a fair settlement that covers their medical expenses and other damages. But before you contact us, there are a few things you can do to reduce the chances a slip and fall claim is denied by your insurance provider and improve your chances of getting reasonable compensation. Here’s what to do after you’ve slipped and fallen down in a parking lot, store, business or home.
Getting medical treatment immediately after your accident isn’t just important for treating whatever slip and fall injuries you’ve suffered, but every single day you wait could reduce the value of your case. If you wait to get medical attention, insurance companies and defendants will use it to argue that your injuries may not be as serious as you claim. It’s also important to seek medical attention because the medical records and bills you’ll receive will serve as proof that the injuries you suffered did, in fact, happen as a result of the fall.
It can be very jarring when you’ve slipped and fallen down, but you need to remember to take photos of the scene. When it comes to photos, there’s no such thing as too many. Take some close-ups and some wide angles, and snap pictures from different directions and other angles. If you are with others, ask them to take photos of the scene as well. The more photos you have, and the more detailed the photos are, the better we can evaluate the situation and the better of a case you have when presenting it to the defendant and insurance companies.
After taking pictures of the scene, report your slip and fall to the property owner. If they aren’t there or can’t be reached easily, alert the person with the highest position in charge, generally a manager, of the property before you leave. If you fail to do so, insurance providers and defendants can use this against you. The property owner should draft up an accident report, and you’ll want to get the report from them.
If others were present when you suffered your slip and fall injuries, do what you can to get the names, addresses, and phone numbers of anyone who witnessed your fall. This helps your case because there are more people who can attest to the conditions that caused the fall and how you reacted, corroborating your story.
Property owners can try and shift the blame off of them for the slip and fall injuries you experienced, altering the details of the situation so it doesn’t look like they were at fault. If you get into detailed discussions with them about how you slipped and fell down and the conditions that caused the fall, they can try and manipulate your words and use what you said against you in court.
Learn more about what to do after a slip and fall accident.
Have you suffered slip and fall injuries recently? Don’t wait to take action – contact Whalen Injury Lawyers today so we can get started fighting for you and the compensation you deserve!
After being injured in an accident it is virtually certain that you will find yourself interacting with an insurance adjuster – either one from your own insurance company or one that is representing the other party. Insurance adjusters will contact you to find out what happened in the accident and to get information to evaluate the nature and scope of your injuries. A question that we frequently hear from accident victims is whether it is a good idea to sign a medical record release authorization when asked to do so by an insurance adjuster. In our view – explained in more detail below: do not sign ANY papers that an insurance company has asked you to sign unless you have talked to an attorney, and they advise you it is okay to do so.
Medical ethics rules, state laws, and a well-known federal law called HIPAA all require medical records to remain confidential unless one of any small number of exceptions applies, or unless a patient authorizes their release. The problem with signing a medical record release authorization following an accident is that it may give an insurance adjuster blanket access to all your medical history – including medical records that have no connection to your accident. Simply put, signing a medical record release authorization can force you to expose your entire medical history, giving others access to sensitive personal information that you would rather keep private.
An insurance adjuster is trained and incentivized to minimize the amount of money you get paid. They have many strategies at their disposal designed to lure you into providing them information that can weaken the value or even validity of your insurance claim. Asking you to sign a medical records release authorization is a powerful tactic that an insurance adjuster can use to probe deeply into your medical history for information that could prove damaging to your prospects for compensation.
A common example of why signing a medical record release authorization is usually a bad idea is that it may reveal pre-existing medical conditions that insurance companies will try to use against you to suggest your problems are related to those pre-existing conditions. Insurance companies are highly reluctant to pay money to a person with pre-existing conditions, whether those pre-existing medical issues are connected to the claimed injury or not. If you sign a blanket medical record release authorization for an insurance company, the insurance adjuster will comb through your records for any pre-existing injuries or pain complaints, no matter how minimal or innocuous. Their goal is to find anything that would suggest your current claimed injuries are connected to past medical problems.
Signing a medical record release authorization can also adversely affect your claim value even in the absence of pre-existing conditions. An insurance adjuster will likely want access to your medical records early in the claim process, possibly before you or your doctor is able to know the full extent of your injuries. Releasing your medical records under this scenario allows the insurance adjuster to prematurely evaluate your claim using incomplete information, which could lead to a lower offer of compensation from the insurance company.
The general rule that you should never sign a medical record release authorization has an important exception, and that’s when you’re asked to sign one by your own insurance company. Your insurance policy will likely have a cooperation clause that requires you to help your own insurance company evaluate claims, such as Uninsured/Underinsured Motorist Claims, by providing claim-related information including medical record releases and recorded statements. You should of course read your insurance policy to know what it requires you to do after an accident. And when possible, you should always try to talk to a lawyer before signing any documents, even if requested by your own insurance company.
Speaking with an insurance adjuster is one of many stressful situations that can arise after being injured in an accident. Fortunately, you do not have to navigate the injury claim process on your own. The lawyers at Whalen Injury Lawyers exclusively represent plaintiffs in a wide range of personal injury matters – from auto accidents and dog bites to wrongful death claims and product liability lawsuits.
To schedule a free consultation and speak with a lawyer at Whalen Injury Lawyers, either submit this online form or call us at 720-307-2666
Traumatic brain injuries, often abbreviated to TBI, are grouped into mild, moderate, and severe categories, with each describing the severity of the injury. Obviously, mild TBIs are the least severe, but that doesn’t mean they can’t be debilitating. Thankfully though, mild TBIs will usually affect a person for a short amount of time. However, if left undiagnosed and untreated, mild TBI’s can sometimes result in a long-term disability and even prove to be fatal.
Despite being “mild” in name, they should still be taken extremely seriously. Mild TBIs are more commonly referred to as concussions, and while they’re commonly associated with high impact sports like ice hockey and football, they’re also common in car accidents. So common, in fact, that they’re the third leading cause of concussions in America according to Brainline. Car accidents also make up the largest percentage of TBI-related deaths.
There’s a reason why concussions are frequently associated with high-impact sports. The violent collisions you see in hockey rinks or on the football field, even if not directed at the head or neck area, often cause the head to jolt suddenly or hit another object at quick speeds, and that’s exactly how concussions are caused. Such a sudden motion or impact will cause the brain to shift and hit against the skull, damaging the brain tissue. This damage can manifest as swelling of the brain, injury to nerves, torn blood vessels, and bruising, all of which can cause a concussion. With how violent car accidents can be, the body is often subjected to such forceful and sudden jolts that concussions happen often. We often forget that our bodies are going the same speed as our cars when we’re driving and thus will go from traveling that speed to a complete stop or in another direction in a car accident. Regardless of whether the accident redirects a car or causes it to come to an immediate halt, the driver’s head will be moving rapidly backward and forwards or side to side. This sudden change in speed and/or direction will cause the brain to move from its normal position and this, coupled with the impact of an airbag or the head hitting on the ceiling, window, or another object, is often enough to cause a concussion.
Evidence of a mild traumatic brain injury is not likely to show up on brain imaging (MRI, CT), so being able to identify the signs of a concussion is crucial to preventing any potential long-term brain damage. One of the most common, and obvious, signs you’ve suffered a concussion is the loss of consciousness. Losing consciousness during an accident can be caused by several factors – the G force your body is subjected to, the impact of an airbag, or forcefully bumping your head on the steering wheel, windshield, or another object. Even a blackout for just a few seconds is a sign of a concussion. Feeling nauseous, dizzy, or generally lightheaded is another common sign, as is sensitivity to light and vomiting. Another sign you have sustained a concussion is if you experience more confusion than usual, forget how to do certain tasks, or have issues recalling things like the date soon after an accident. You may also be experiencing sudden mood changes, disturbed sleep patterns or trouble falling asleep, headaches, or ringing in your ears. Even if you’re only experiencing one of these symptoms it’s recommended that you get examined by a medical professional as soon as you can.
When you get in a car accident and fear you’ve suffered a concussion it can add anxiety to what’s already an extremely stressful situation. You don’t have to go through it all alone, so let Whalen Injury Lawyers fight for you and take away whatever stress we can. Don’t wait – contact us today!
Published on Nov 24, 2021 | Last Modified on Jul 09, 2024
Although concussions are often associated with high contact sports like football and ice hockey, they’re quite common in car accidents. In fact, car accidents are the third leading cause of concussions in America and account for the largest percentage of traumatic brain injury (TBI) related deaths according to Brainline. Head injuries can result in lifelong disabilities if left untreated, treated incorrectly, or not treated soon enough. TBIs are just that – traumatic, so it helps to get acquainted with concussions, the causes and symptoms, treatment, and how to file a claim or sue when you have been injured.
Concussions are often the result of a bump, blow, or jolt to the head or neck area that causes the head to move from one position to another rapidly. While driving, your body is going the same speed as your car and in an accident, your body and head will often go from traveling that speed in one direction to another or come to a rapid stop. This sudden motion causes the brain to shift and hit against the inside of the skull, which then causes chemical changes in the brain and can damage the brain cells and tissue. Further, the sudden impact of an airbag or hitting your head against the window, the headrest, or any other object can also cause a concussion. Violently hitting the skull can cause bruising, swelling of the brain, torn blood vessels, and injury to nerves. Considering the violent nature of car accidents, it’s no surprise that concussions and other serious TBIs can result in a car accident.
Concussions—unless severe enough to physically damage the brain—won’t show up on any X-ray, CT, or MRI scan so identifying the signs is incredibly important. These signs can include, but are not limited to, loss of consciousness, issues with balance, amnesia, a glazed, distant look in the eyes, blurry vision ringing in the ears, delayed response time to questions, forgetfulness, confusion and other cognitive changes, fatigue or drowsiness, inappropriate laughter or crying, speech changes, headache, nausea and vomiting.
There are four different categories concussion symptoms fall under: somatic (or physical), cognitive, sleep, and emotional. Somatic symptoms can include headaches, light-headedness, nausea, and sensitivity to noise or light. Cognitive symptoms will typically manifest themselves as memory issues, problems focusing, and difficulty multitasking or completing mentally challenging tasks. Sleeping more or less than usual or having trouble fall asleep make up the symptoms in the sleep category. Lastly, emotional symptoms encompass anxiety, depression, and panic attacks.
Some symptoms may appear immediately, while some may not appear for some time after the injury—sometimes hours or even days later.
If you believe you may have sustained a concussion in a motor vehicle accident, you should get examined as soon as you can by a doctor. While many concussions and their associated symptoms will resolve over time, some concussions are so severe that medical attention is necessary and sometimes lifesaving. Also worsening symptoms can be a sign of serious injury so don’t delay seeking medical treatment.
After getting diagnosed and receiving treatment for injuries you received in a car accident caused by someone else, contact Whalen Injury Lawyers as soon as you can. A concussion can be a potentially serious injury for which you can receive compensation to pay for medical bills, loss of work, pain and suffering, and other damages. You could be eligible for compensation even if you have pre-existing conditions that were affected by a concussion or other injuries.
The lawyers at Whalen Injury Lawyers are here to help you build your life back after you have sustained serious injury. For help on your case don’t delay – contact Whalen Injury Lawyers today!
Injured in an Accident? Don’t Make These Mistakes
When you are injured in an accident, you may not know what to do next. At Whalen Injury Lawyers, we have helped hundreds of Colorado accident victims understand what to do—and not do—after an accident.
Here are common mistakes people make after an accident that you will want to avoid.
This is one of the biggest mistakes people make after being injured in an accident. Waiting too long to talk to a lawyer can harm your ability to understand and protect your rights and obtain fair compensation for your injuries. A lawyer can help you investigate the accident. A lawyer can advise you whether you have a claim and what your claim may be worth. A lawyer can help you make sure critical evidence is preserved. A lawyer can make sure you understand the issues that could affect your claim. A lawyer can help you submit your claim to the insurance company and make sure you are treated fairly. A layer can help you understand the insurance issues related to your claim. A lawyer can help you find the right medical care for your injuries. A lawyer can advise you about the strict timelines that apply to bringing a lawsuit. A lawyer can help position your case to maximize your compensation. A lawyer can help you make sure you avoid costly mistakes. A lawyer can help make sure your focus is on your treatment and getting better.
When you or a loved one are injured in an auto accident caused by the negligence of someone else, the first step should of course be to seek medical treatment for your injuries. Your next step should be to contact an experienced Colorado personal injury lawyer. You need to protect your health, but you also need to protect your legal rights. Waiting can seriously hamper your ability to obtain fair compensation for your injuries, so don’t wait until it is too late to talk to a lawyer.
At the scene of an accident, one person might try to persuade the other person not to call the police, and the other person involved may be tempted not to call because it seems like a hassle. This is a mistake. Not only is there a requirement under Colorado law that accidents resulting in injury or property damage must be reported (C.R.S. §42-4-1606(1), but the investigation completed, and the facts developed by the officer could serve as evidence to help support your claim if you are injured, particularly if the other person involved denies fault. Failure to contact the police suggests the accident was truly only a minor incident and you were not injured, and the insurance company may use this to deny your claim.
If you are involved in a collision, you may be incapacitated and must rely on others to gather evidence. But if you are involved in an accident and can still function, it would be a mistake not to try to gather as much evidence as possible. This means talking to witnesses, getting their contact information, as well as taking pictures or video of the damage to the cars, any skid marks, and the overall scene. The more evidence that can be obtained about an accident caused by another person, the better off you and your lawyer will be when dealing with the insurance company.
You’ve probably heard this one before (probably from your insurance company). While liability is clear in many accidents, there are some accidents where both parties may be at fault, or some accidents where the facts demonstrate the other party was at fault. It would be a mistake for a person to admit fault when the facts show otherwise.
Take for example someone who turns left in front of oncoming traffic. In most cases, the person turning left will likely be deemed at fault for failing to yield the right of way to the oncoming traffic. But what if the oncoming traffic is speeding? In that scenario, depending on the facts, the oncoming driver may be at fault.
Or consider a rear-end accident; in Colorado, a driver who rear ends another driver is presumed negligent. But what if the driver ahead slammed on their brakes in a fit of road rage? Or what if their brake lights were out? The bottom line is that there are sometimes scenarios where the person who may be perceived as the at-fault driver is actually the victim. Thus, the best course of action at the scene of an accident is to not admit fault.
Some Colorado accident victims make the mistake of not going to get checked out at a hospital, or checked out by their primary care doctor, after an accident. Although they may be in pain, some accident victims decide it’s too much of a hassle to go to the doctor, or perhaps it’s too expensive. They may believe they will get better and so they tough it out. This is mistake.
A car accident places significant forces on the body. Due to the forces involved in deceleration and acceleration at the time of a collision, injuries to your back, neck, and brain can occur even if your body doesn’t physically impact any part of the car. For example, the discs in your spine may bulge and herniate, muscles can seize and tear, and your brain can hit the inside of your cranium, causing traumatic brain injury. Seeking immediate medical care is a way to make sure you are taking care of yourself, which is the most important thing after an accident. And even if the doctors do not identify any acute injuries immediately after the accident, they can provide information about potential injuries you may have and provide instructions as to what you should do if you begin to feel worse.
In addition to the importance of evaluating your injuries, failing to seek or delaying medical attention could potentially hurt any personal injury claim you wish to file with an insurance company in order to be compensated for any medical bills, lost wages, and other accident-related expenses. Not seeking treatment after an accident suggests that you are not injured, or your injuries are not serious, and the insurance companies evaluating your claim will use that against you to minimize or deny your claim.
A mistake that some people make is failing to comply with the treatment recommendations of their medical care providers. Doctors and other treating health care providers will provide recommendations ranging from simple home exercises to physical therapy to more significant treatment like injections or surgery. Sometimes it is as simple as scheduling a follow-up visit with the doctor. For whatever reason, some patients will not follow those recommendations or be consistent in following them. That can have a significant impact on a person’s ability to recover compensation for injuries caused by another. Insurance companies love to find gaps in treatment, cancelled appointments, and failure to seek recommended care because it helps them argue that the injured person really isn’t that injured, or that the person has “failed to mitigate” (failed to reduce) their injuries. The person’s continuing pain and problems, the insurance company will argue, are due to the failure to seek consistent and recommended care. Under the law, a person’s compensation for injuries can be reduced because of the failure to mitigate.
While there may sometimes be legitimate reasons why a person may not undergo recommended treatment, the best course is to follow your doctors and other health care provider’s recommendations. If cost is a factor, a person can potentially use health insurance, MedPay, or seek treatment using a lien company.
Our experience tells us that trusting an insurance company to do the right thing is a mistake. Why? Because when it comes to evaluating and paying claims, the insurance company’s goal is to make sure they pay as little as possible. An insurance company is in the business of making money by reducing losses. So, when you make a claim, you are threatening the insurance company’s bottom line. They will lose money if they must pay your claim. Therefore, insurance companies and their adjusters do what is necessary to reduce their payout, which is why you cannot trust them. They may act like they are your friend or that they are trying to help you, but their job is to get information that helps the insurance company. They are not on your side.
So, if an insurance claims adjuster wants to speak with you about an accident, we recommend that you do not do so until you have spoken to a lawyer. Do not sign any documents sent to you by the insurance company without consulting with a lawyer. Do not give a recorded statement without consulting with an experienced personal injury lawyer.
When you need a dedicated, sympathetic, and talented Colorado personal injury attorney with a proven track record of success who will fight for your best interests, contact Whalen Injury Lawyers today. We’re happy to offer you a free consultation with one of our Colorado injury lawyers to review the details of your case and discuss your legal options. You can reach us in Denver at (720) 307-2666 or in Colorado Springs at (719) 644-7000 to learn more.
Reports from the WHO indicate that about 1.3 million people die due to road accidents annually. Between 20 and 50 million more individuals sustain non-fatal injuries, with some incurring permanent disability. Not surprisingly, many people injured in car accidents have pre-existing injuries or conditions. And also not surprisingly, insurance companies like to rely on pre-existing conditions or injuries to reduce payment to injured people seeking compensation arising from motor vehicle accidents.
While it is possible that a pre-existing injury can preclude a person from receiving compensation in a personal injury claim, that is not necessarily the case. When you've been injured by the negligence of someone else, you may still be able to file a personal injury claim and obtain compensation against the at-fault party, even if you have an underlying medical condition or injury. In fact, you may be able to receive significant compensation for the aggravation of underlying conditions or injuries. That is why it is important to talk to a personal injury lawyer to talk about your case, your injuries, and your rights.
Read on to learn valuable tips on how a personal injury lawyer can help you get fair compensation after an accident exacerbates a pre-existing injury.
It is essential to discuss with your lawyer the conditions or injuries you had at the time of the accident. Trying to hide pre-existing conditions or injuries won’t help your case and can reduce your odds of getting a fair settlement. Particularly, if a new injury affects the same area of the body as an old condition, the entire claim can be compromised by non-disclosure.
Insurers often train claim adjusters to blame everything on previous injuries since they're looking to pay you as little as possible. In fact, they will try to use your pre-existing injuries history to disqualify your claims regarding the accident. As such, it's best to hire a qualified personal injury lawyer to assess your complete medical history and represent you professionally.
When you have a preexisting condition or past injury, your personal injury lawyer can help you understand how the current car accident may—or may not—be affected by that prior condition or injury. Remember that when the other party's attorney or insurance company discovers that you had a prior injury or complaint that you never disclosed, your medical history and credibility can be severely questioned. This is why it is critical to tell your lawyer early about any prior conditions or injuries.
When a person has a pre-existing condition or injury, that condition or injury may be aggravated, or made worse, by a subsequent car accident. While an at-fault defendant who caused a car accident might not be responsible for a plaintiff’s original condition or injury, that defendant should be held responsible for aggravating that condition or injury. This will typically require some kind of apportionment between the pre-exiting condition/injury and the current claimed injury. An experienced personal injury attorney, with input from treating doctors and experts, can help determine if there is aggravation and how it will impact recovery in a personal injury lawsuit.
The eggshell skull rule, also known as the eggshell plaintiff legal theory, requires that defendants “take plaintiffs as they are.” Meaning, defendants are responsible to pay for damages that arise from their wrongful actions regardless of whether the pre-existing condition contributed to the severity of the injury or not. If a prior condition or injury makes you more susceptible to injury or causes you to sustain more injury than a person who does not have those prior conditions or injuries, a defendant nevertheless must typically pay for those injuries.
That explains why it's essential to provide details of your previous medical conditions after an accident to your medical and legal teams. Doing so can ensure proper treatment as well as accurate compensation.
A pre-existing condition can affect your ability to receive adequate compensation to cover all your medical expenses. This is possible because the at-fault party might argue that you're taking advantage of the incident to get someone else to pay the costs of treating your pre-existing condition. This can be used as an excuse to lower your compensation amount. To reduce such issues, you should work with a credible legal professional like Whalen Injury Lawyers to guide you through the claim process and help you try to recover all compensation to which you are entitled.
An experienced personal injury attorney can help you navigate the case by demonstrating how the injuries from the accident affected your pre-existing medical issues and vice-versa. Furthermore, building a solid relationship, based on full and accurate information, with your attorney helps make the whole process easier, making it harder for the other party's insurer to deny or delay a claim or trivialize your injuries.
Need a Reputable Personal Injury Attorney in Colorado? Contact Whalen Injury Lawyers Today
If you or a loved one has sustained a personal injury when you already have a previous medical issue, Whalen Injury Lawyers is here to help with professional legal advice and advocacy. We will use our vast experience and legal expertise to fight on your behalf and ensure your case reaches the desired resolution. Please contact us online today or call us directly at (720) 307-2666 to schedule a free consultation.
If you are injured, whether it is from a defective product, a trucking accident, a car accident, or a slip and fall accident, you will spend a significant amount of time recovering from your injuries. You will likely visit doctors, physical therapists, and other health care providers. These providers will treat your injuries and help you rehabilitate, with the aim of regaining physical or cognitive functioning and eliminating ongoing pain. The ultimate goal, of course, is to fully recover, so that you are back to feeling 100% better and being the same person that you were before you were injured.
But, often, a person will not fully recover from their injuries. This can happen with respect to any bodily injury from any accident. It especially can be true if the injuries sustained are severe. Chronic pain, loss of function, and ongoing cognitive impairments can last a person the rest of their life, no matter how much treatment, rehabilitation, or therapy.
Thus, there will be a point in a person’s treatment and recovery where doctors and other providers will determine that a person is not going to see any significant additional improvement in their condition, even if the person continues treatment. When that point is reached, that person is said to be at Maximum Medical Improvement (MMI).
Reaching MMI does not mean that you have returned to the same state of health you were in prior to being injured. What it means is that you have reached a stable condition from which no further significant improvement will be made, whatever that condition may be. Nor does it mean that you will not need continuing treatment into the future. For example, you may need continuing treatment to maintain the state of heath you have achieved since being injured.
The length of time it takes to reach MMI will vary greatly depending on many factors: the kind of injuries sustained; the severity of the injuries sustained, the nature, extent, and quality of the treatment received for the injuries; how your body responds to treatment; whether preexisting health issues exist; whether you are compliant with doctors’ and therapists’ orders concerning care and treatment; and development of secondary conditions or complications from the injuries or from treatment such as surgery. All these factors and others will affect how long it takes to reach Maximum Medical Improvement.
Your doctors and health care providers will be the ones to determine when you have reached MMI. Your treating doctors are the ones who are in the best position to determine if future treatment will provide additional improvement. Your treating doctors may recommend surgery, additional therapy, or other treatment in the belief that this additional treatment will provide benefits and improve your condition.
Sometimes it is unknown whether additional treatment will in fact improve a person’s condition, but when a treating doctor believes that future reasonable treatment will provide meaningful improvement, a determination that a person is at MMI will be delayed until after that treatment is rendered and recovery has been made.
If you have a personal injury claim arising from your injuries, MMI can be an important issue in terms of when the best time is to file a claim. It is also important to determining the value of your claim. Sometimes it is best to wait until a person has reached MMI before bringing a claim, negotiating a settlement, or filing a lawsuit. However, because there are strict deadlines for filing lawsuits, a claim or lawsuit may need to be filed before MMI is reached. Also, future treatment options and expected outcomes many be recommended, known, and understood before MMI is reached, allowing claims, settlements, and lawsuits to be brought and completed even before MMI is reached.
But you should not accept a settlement from an insurance company until you have talked with an experienced personal injury attorney, whether you have reached MMI or not. An experienced personal injury attorney can review your specific situation and be able to let you know when the best time to bring your claim and seek resolution.
The extent and severity of the injuries, the amount of time it takes to reach MMI, and residual problems and future treatment needs after reaching Maximum Medical Improvement will impact how an insurance company will value your personal injury case. For example, if you have reached MMI and have permanent impairments or ongoing pain, you will have future damages that will need to be evaluated and accounted for. Those future damages can be a significant aspect in the valuation of your case. If MMI is delayed because you have not followed your doctor’s recommendations for care and treatment, the value of your personal injury case may be impacted. So, following the recommendations of your health care providers as you recover from your injuries is extremely important.
One of the most important steps that you can take after being hurt in an accident, whether it is a motor vehicle accident, slip and fall, or some other accident, is hiring a qualified Colorado personal injury lawyer. An experienced Colorado personal injury lawyer can explain concepts like Maximum Medical Improvement and give you all the information you need to make informed decisions about your case. At Whalen Injury Lawyers, we pride ourselves in providing exceptional legal representation to our clients. Our Colorado law firm exclusively represents personal injury plaintiffs in a wide range of matters, from auto accidents and product liability cases to wrongful death. We are here to fight for your rights.
Schedule your complimentary consultation today by calling Whalen Injury Lawyers at 720-307-2666 or simply telling us a little bit about your case using our confidential online form.
MedPay insurance is optional coverage that can take care of medical bills after an auto accident. Medpay is referred to as a first-party-benefit because it is under your own policy of insurance, not the person’s insurance who caused the accident. It’s a benefit that you can have under your own insurance where you can use medpay benefits to pay for medical treatment after a car accident. Its important coverage that you should have, and you cannot get it after a crash but need to have it in effect on your policy before an accident.
MedPay coverage protects you as well as any passengers or other occupants, pedestrians, or anyone using your car with your permission. If the accident was the fault of another driver, their insurance company should cover your medical costs. However, delay in this process is inevitable and your MedPay coverage can pay your medical bills while your lawyer pursues a settlement against the person’s insurance who caused the accident. MedPay also covers treatment of injuries which you or your family members may sustain in a car accident that occurs while you are riding in someone else’s vehicle, or as pedestrians or bicyclist.
Since it may be difficult to foresee how long you will need treatment for your injuries and how long your case will last, Medpay coverage can take care of medical bills and even co-pays and deductibles for treatment that occurs under your health insurance. Medpay can help keep some accounts out of collections during the course of your injury case. MedPay coverage extends beyond the doctor’s office to include any ambulance fees, hospital tests, x-rays, prostheses, nursing, dental, surgical, or chiropractic care, health insurance deductibles and copays, and funeral costs.
While MedPay is optional in all but three states (Maine, Pennsylvania and New Hampshire), it’s a good idea to opt for this medical coverage as a safety net to cover any charges not covered by your health insurance in the event of an accident, such as an ambulance ride, emergency visits or chiropractic care. MedPay can also help with your deductible or copays for treatment you receive as a result of a car accident. This can come in handy with high deductible plans. If you frequently carry passengers who aren’t family members, MedPay is a great way to ensure that they are covered, as it can extend to people who are riding in your car and become injured in an auto accident. Insurance companies are historically slow in paying benefits, and MedPay can help you take care of medical expenses that can’t wait to be paid until a case is settled against the person who caused the crash. MedPay itself has no deductibles or copays and covers a wide range of out of pocket costs your insurance might not. Finally, MedPay premiums can be less than $25.00 for up to $10,000-$25,000 in coverage, making it one of the least expensive forms of medical insurance.
At Whalen Injury Lawyers, we have the resources and experience to thoroughly represent you in a personal injury case. We can help process your Medpay claims while pursuing the case against the person who caused the crash against their insurance company. Our goal is to help ensure you receive adequate, fair, full compensation for any losses you may have suffered. Contact us today for a free, no-obligation consultation if you or a loved one have been involved in an auto accident with injury.
You can reach us in Denver at (720) 307-2666. Our offices are conveniently located in the Denver Tech Center at 7955 East Arapahoe Court, Suite 2375, Centennial, CO 80112. In Colorado Springs, you can find us at the Alamo Corporate Center, 102 S. Tejon Street, Suite 1100, Colorado Springs, CO 80903, or call us at (719) 644-7000 to learn more. At Whalen Injury Lawyers, we aren’t afraid to take on a big insurance company and fight for your right to receive fair compensation.
Due to their large weight and size, an accident involving a commercial truck tends to produce more serious injuries or even death where a motor vehicle crash occurs on the roadway. If you've been injured in an accident that was caused by a commercial truck driver, there are a number of considerations that will impact the amount of compensation you are able to receive. A personal injury lawyer can help you make sense of your legal options. One critical fact that is often examined is whether the commercial truck driver should have ever been behind the wheel. In many cases, the attorneys investigate the background of the driver and whether this individual was properly hired and supervised by the company. In some instances, the attorneys learn about issues involving drugs, alcohol, the use of cell phones while operating commercial vehicles, poor driving records, non-compliance with DOT and FMCSA industry regulations or other factors that impact the facts of the case.
The trucking industry is one of the most highly regulated industries in the U.S., with specific rules in regards to how many hours a truck driver can work, the requirement of electronic logs, routine testing of truck drivers for alcohol or drug impairment, regulations on the size of the truck, regulations on materials being transported, regulations on the weight and volume of a load they can carry, as well as other considerations. The employer is financially responsible for the driver when accidents and injuries occur during the course and scope of that driver’s employment. The company is responsible for conducting background checks before hiring and properly supervising drivers after they are hired. Some of the most common causes of truck accidents include:
Trucking companies are required by the federal government to conduct a number of periodic background checks on drivers. These standard checks include:
Because of the increased liability that trucking companies have through federal and state regulations, many times they will employ a corporate ‘white shoe’ law firm to protect them from liability. These law firms often work only in the area of trucking accidents and federal violations and know the loopholes available to prevent their clients from facing legal consequences for their actions.
Injuries caused by trucking accidents often carry life-long consequences such as the need for continued medical care. It is important to hire an attorney with extensive experience in trucking accident cases who is unafraid of the corporate law firms that trucking companies employ and the ability to investigate all aspects of the case in order to identify potential liable parties and sources of insurance to pay for these damages.
Whether a company performed the federally required background checks is an important factor in Colorado personal injury cases. If the background checks are not performed and it is discovered that the accident was caused by something the trucking company should have known about -- such as substance abuse issues -- the trucking company can be found negligent and held liable for the damages caused in the accident. Shipping companies are also required to ensure that the trucking company they use has complied with all federal regulations, including background checks, or else they may face liability for the accident as well.
Many truck accident victims fail to get the compensation they deserve unless they have experienced personal injury attorneys on their side to fight these firms and their clients. Simply put, there are law firms with proven results and track records against these defendants. That should be an important consideration in hiring your injury attorneys. At Whalen Injury Lawyers, our attorneys have a strong record of fighting the trucking companies and securing substantial settlements. We’re happy to offer you a free consultation with one of our lawyers to discuss your legal options.
Our office in Denver is conveniently located at 7955 East Arapahoe Court, Suite 2375 in Centennial, CO 80112. Reach us in Denver by calling (720) 307- 2666. Our Colorado Springs office is located at 102 South Tejon Street, Suite 1100, Colorado Springs, CO 80903. Contact us in Colorado Springs by calling (719) 644-7000. Call today. Let us help you get the fair compensation you deserve.
Published on Sep 1, 2019 | Last Modified on Jul 09, 2024
After a car accident, the first thing you should do is seek immediate medical attention. You may have injuries you are not aware of and delaying medical treatment could be detrimental to your health. When you visit the hospital emergency room or your doctor’s office, your injuries may need to be diagnosed using either X-rays, a magnetic resonance imaging (MRI) scan, or both. These are common diagnostic techniques used around the world to help doctors see what’s going on inside your body and are an essential part of the diagnostic process. X-rays are a naturally occurring form of electromagnetic radiation. An MRI uses a stronger magnetic field and radio waves to create detailed images of the organs and tissues within the body. Oftentimes, spinal injuries just can’t simply be diagnosed properly without an MRI. So, accident victims leave the ER thinking that they are not injured until symptoms worsen and an MRI is eventually ordered.
X-rays allow your doctor to see whether your bones have been injured or compromised in any way. Everything from a hairline fracture to a major break can be seen with the help of an x-ray. X-rays are non-invasive and can help diagnose medical issues such as bone disease, infection, degeneration, or dislocation, or monitor the healing process without the need for further examination. X-rays can help guide your healthcare provider if there is a need to insert a catheter, stent, or other device, or perform orthopedic surgery. They are also effective in the treatment and removal of tumors, blood clots, or other blockages.
What an X-ray does for bones fractures and breaks, an MRI does for tissue and spinal abnormalities; it allows your doctor to get a bird’s eye view of the condition of your internal tissues, spine, and organs without the need to open you up on an operating table to see inside. MRIs are adept at showing detailed soft tissue damages that do not show up as well on an X-ray. Images generated are viewed as cross-sections or “slices” of the body part being scanned. MRIs are very useful for examining the brain and spinal cord.
Car accidents can easily cause hidden damage and micro-injuries that aren’t always visible or apparent. For this reason, your doctor is likely to order x-rays and other scans such as an MRI, ultrasound, or CT to determine if there are unseen injuries that need to be treated. Receiving proper medical care and treatment is essential to building a strong personal injury case, so it is important to see a doctor immediately following a motor vehicle accident and follow through with any diagnostic tests your doctor may order.
Insurance companies do not like to pay out medical claims, but at Whalen Injury Lawyers, we’re prepared to fight for you to receive the medical care you need and get the compensation you deserve. Our number one goal is to establish a direct, meaningful, trusted, and reliable relationship with you, and secure a settlement that is fair and reasonable. Our experienced attorneys will work closely with you to ensure that you are fairly and adequately compensated for any losses you suffer as a result of a personal injury received in a motor vehicle accident.
We are proud members of America’s Top 100 Attorneys, as well as members of the 5280 Top Attorneys in Colorado, Top 100 Trial Lawyers, and Super Lawyers. Our top-notch attorneys aren’t afraid to take on a fight for a fair settlement, allowing you to focus on getting the medical treatment you need to heal from your injuries, while also receiving the compensation you deserve, and allowing you to move ahead with your life.
Denver injury attorneys at (720) 307-2666. Whalen Injury Lawyers' offices are located at 7955 East Arapahoe Court, Suite 2375, Centennial, CO 80112 & in Colorado Springs at the Alamo Corporate Center, conveniently located at 102 S. Tejon Street, Suite 1100, (719) 644-7000. Contact us today for a no-obligation consultation to discuss your options.
