Do Insurance Companies Look for Certain Factors That Devalue a Personal Injury Case?
Interviewer: As far as injuries are concerned, have you ever run across this scenario? If you have multiple persons in the car but only half of them were injured. The other half weren’t complaining of any issues. Does that make for a difficult case?
Insurance Companies Will Likely Devalue a Case If There Were Multiple Passengers but Not All Sustained Injuries
Jack: The insurance companies would try to make that hurt your case. They will question, “How could somebody have been so severely injured, as you claim, and others that never even sought treatment?”
I would counter with, “No two bodies are exactly the same.” Someone may have been in a more fragile condition. Someone could be in better shape, for example, a young person versus a senior citizen. There are all kinds of distinguishing features that could affect whether or not an accident injures one passenger and doesn’t injure another.
Are There Different Types of Compensations Awarded in Personal Injury Cases?
Interviewer: Are there typically compensations with every personal injury case or are there other types of, I guess, resolutions that you’ve come across?
Connecticut Has No Tort Threshold; If You Subjectively Complain of Pain, You Have a Claim
Jack: In Connecticut since we don’t have any tort threshold at all, even if you did not receive treatment for your injuries. If you just subjectively complain of pain, you have a claim.
Now if the insurance company chooses not to pay, you have to decide whether to file a lawsuit in a matter such as that, but we can frequently get some type of minimal settlement just so that the claim gets closed out.
Are Medical Expenses Always Included in Compensation?
Interviewer: Are medical expenses during the case included in that compensation or separate for the most part?
Your Claim Amount Typically Includes Attorney Fees, Medical Bills and Lost Wages
Jack:It’s always included. You settle a claim for a set amount and in that amount will be the attorney’s fee, any outstanding medicals, and lost wages.
Also included are any out of pocket expenses and any liens that may be against the file. It could be your health insurer has a federally protected lien or there could be a state of Connecticut lien, a Medicare lien, or a Medicaid lien.