Personal Injury
This page is designed to help you, an injury victim, understand the
process of your personal injury case. The information provided is of a
general nature and is not intended to take the place of an attorney.
A personal injury case involves someone who has been injured or killed as a
result of another person's negligence. These cases can involve injuries
sustained from vehicle accidents - including trucks, cars, motorcycles,
boats, airplanes and other types of vehicles and watercraft. The people
injured can be drivers, passengers, bicyclists or pedestrians.
Personal injury also includes injuries received from dog bites or other
animals, firearms, assault and batteries, chemical exposures, or burns.
Injuries can range from strains and sprains of muscles, ligament and muscle
tears, spine injuries, bone fractures, head injuries, loss of one or more
bodily functions, amputations, seizures, strokes, burns, other
disfigurements, or death.
In all cases, the person who is injured is seeking monetary damages from the
person at fault. Many people never fully recover after suffering injuries.
Injuries may be minor with occasional headaches or tightness in certain
parts of the body, or the injuries may be so debilitating that it is
difficult to work or enjoy life.
Sullivent Law Firm offers free consultations. You may wonder
whether you have a case, and the information in this brochure may provide
some guidance. For more specific advice, please call us or visit our web
site where you can provide relevant information related to your case and one
of our attorneys will contact you.
We are trial lawyers with the experience and resources to get you the
compensation you deserve. Our staff has worked in insurance agencies, as
insurance adjusters and for insurance companies. We know all sides.
Sullivent Law Firm has helped people recover millions of dollars against
some of the largest companies in the world. We want to be your lawyer.
What is My Case Worth?
One of the most commonly asked questions is "What is my case worth?" There
are actually no specific laws or formulas for placing a value on your case.
Your case is worth what a jury might award you. However, without going
through the litigation process and a jury trial, the only way to accurately
evaluate what your claim is worth is for one of our attorneys to evaluate
your case on an individual basis, considering relevant law and using our
experience in your type of case.
Can I Handle My Own Case?
Possibly. However, in your attempts to cooperate with an insurance adjuster
or defense attorney, you may inadvertently weaken your case. Many people
believe that since they have "nothing to hide" there is no way to weaken
their case.
Medical Authorization
Signing the medical authorization sent to you by the insurance company
allows them access to your entire medical history if they desire. With
today's technology, an insurance company has the ability to obtain virtually
all of your medical history. Even things that you may think are completely
irrelevant may be used to try and deny or diminish your claim. This is
because most insurance companies use medical authorizations that are broader
than Oklahoma law requires.
The Insurance Company Doctor
You may be asked to see one of the insurance company's doctors for what is
called an IME - independent medical examination. Keep in mind that there is
nothing independent about this examination in that the doctor has been hired
by the insurance company and very likely has performed hundreds if not
thousands of examinations for insurance companies. They are not hired for
their willingness to support your claim.
Recorded Statement
An insurance company will probably ask you to give a recorded statement.
This statement can be admissible in court. Often the questions are phrased
in a way to make you seem confused or unsure about your claim. Insurance
adjusters are not attorneys; however, their questions and strategies are
designed by attorneys. They are trained specialists.
The Law
There are many legal factors and strategies involved in handling injury
cases. People often settle claims, believing it has been settled to their
satisfaction, only to discover that a portion of their money had to be paid
to other entities (subrogation). Other legal factors we look at include
comparative negligence, liability, step up and step down clauses and how
various insurance policies interact with one another, as well as many other
factors.
Sullivent Law Firm has represented insurance agents and adjusters who
have been injured in accidents. By hiring Sullivent Law Firm, they did
not allow the insurance company to pressure them to settle prematurely or to
settle for an amount that would not compensate them for their damages.
Using an attorney also reduces the hassle of having to deal with the
insurance company or their attorneys and it adds weight to your claim. An
attorney can also file the matter with the courts and ask a judge or jury to
make a decision as to the amount of damages if a settlement cannot be
reached.
If an insurance adjuster has stated the following, you should call us.
- Your vehicle is not damaged enough for you to have been injured
- You waited too long to see a doctor
- You treated too long with a doctor
- If you were really injured, wouldn't you have missed more time from work
- Sprains, strains and soft tissue injuries will heal themselves
- Why did you go to the doctor when the police report indicates that you were not injured
- Even though the police report indicates our insured received a ticket, it doesn't mean the police officer was correct
- It looks like your doctor was trying to take advantage of you because his bills don't appear reasonable and necessary
- You can hire an attorney, but this is all we are going to pay
The insurance company wants to discover not just the aspects of the claim
but private and irrelevant information regarding your life. An adjuster will
not permit you to take a recorded statement of their insured or see if their
insured will admit fault to the accident. Insurance companies do not want
you to hire an attorney because they know that an attorney has the tools and
expertise to handle claims and litigation. An attorney will not allow an
adjuster to be vague about the terms of the settlement and will demand a
fair settlement. A 1999 study by the Insurance Research Council found that
settlement figures were three and a half times higher for claimants
represented by lawyers.
Hiring an attorney doesn't mean that you have done anything wrong. You
didn't ask to be injured.
Workers' Compensation
If you were injured on the job you need to consult an attorney immediately
as your claim may also be covered under Workers' Compensation. If the
accident was your fault it will only be covered under Workers' Compensation.
Also, injuries must be reported to your supervisor or doctor within 30 days.
Depending on the type of injury, you have up to 2 years to file a Workers'
Compensation claim (unless you are a minor or mentally incompetent).
Workers' Compensation law provides many benefits to the injured worker: 1)
payment of all medical bills; 2) weekly checks if unable to work; 3)
additional benefits if permanently injured; 4) death benefits for your
spouse and dependents. If the accident was the fault of another party
either civil personal injury or Workers' Compensation may apply.
Each claim is different and your rights vary depending upon the specific
facts. All of your rights may not be included in this brochure.
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