Rhode Island Personal Injury Law FAQS and Automobile - Car Accidents - by a RI Lawyer - Attorney 2

By: David Slepkow
The attorney will be very interested in knowing whether or not you have health insurance and the extent of your health insurance coverage. If your health insurance plan is covering your medical bills, they typically have a lien against any settlement proceeds you receive. It is necessary for your lawyer on your behalf to repay your health insurance company from the proceeds of any settlement or verdict that you receive. These liens typically can be negotiated with the health insurance company. Some insurance companies will typically lower their lien 25% to 33% to account for the work that your attorney has done on the case.

Sometimes, if liability or damage are in dispute, you can get a further reduction of the lien. Typically your lawyer will not be able to disburse any monies to you until he has paid the insurance company for the lien amount.

After the initial consultation and after you have retained the personal injury lawyer, the lawyer will typically do an investigation, if necessary, by calling witnesses, reviewing police reports, or doing anything else that is necessary to further your case. The attorney may need to read relevant Rhode Island negligence case law to evaluate the merits of your personal injury case. The attorney will collect your medical records and billing records. Obtaining your billing records for the accident from the medical providers is extremely important because the amount of medical bills that you have is a very important factor in determining the ultimate value of your case for settlement or trial purposes.

Your attorney typically will wait until he/she believes that you have reached a certain point in your medical treatment before he makes an offer to the insurance company to settle your personal injury case. Attorneys are typically concerned that they will settle the case prior to knowing the full extent of a person’s injuries. After an automobile accident case is settled and the release is signed, there is no way to get paid any further damages even if your injuries become substantially more severe. Therefore, it is usually not a good idea to settle the personal injury case prior to having some idea as to the extent of your injuries in the future. Your back, neck, shoulder or leg injury could get worse as time goes bye.

After the lawyer meets with you, he will typically send a letter of representation to all the insurance companies involved giving them general information about the case. The insurance company will open up a personal injury case file and respond to your attorney. Insurance companies are required by law to investigate the facts and look into the potential personal injury cause of action. When the attorney is comfortable that the right time has arrived, he or she will typically send a settlement package to the insurance company. This settlement letter usually includes an evaluation of the permanency of the injury, if any, and describes the pain and suffering of the client as well as any lost wages and medical bills incurred. The attorney typically includes in the settlement package an initial demand for settlement of the case.

Rhode Island Personal Injury, automobile accident, slip and fall and premises liability law lawyer, David Slepkow is a lawyer and partner at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island.David never charges any fee for personal injury case, automobile / auto/ car accidents and slip & fall cases unless successful. David Slepkow is a member of the Rhode Island Trial Lawyers Association. You can contact David Slepkow at http://www.slepkowlaw.com or by calling him at 401-437-1100.

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